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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf State Community Renewal
Commission Act''.
SEC. 2. FINDINGS.
Whereas Hurricane Katrina's devastation is colossal in scope;
Whereas it poses a massive national redevelopment obligation; and
Whereas the expertise of America's professionals in the fields of
city and regional planning, architecture, home building, and finance is
required.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established the Gulf State Community Renewal Commission
(in this Act referred to as the ``Commission'').
SEC. 4. PURPOSES.
The purposes of the Commission are to--
(1) examine, evaluate, and report on the rebuilding of
communities in both urban and rural areas that were affected by
Hurrican Katrina;
(2) identify actions necessary for rebuilding such
communities, and neighborhoods and town centers in such
communities;
(3) identify professions and resources available to such
communities to assist in such rebuilding; and
(4) create models and plans for such rebuilding that
address--
(A) transportation needs;
(B) economic development and job creation;
(C) the tourism industry;
(D) housing needs;
(E) agriculture development;
(F) environmental concerns;
(G) natural disaster mitigation; and
(H) any other areas of the public and private
sectors determined relevant by the Commission.
SEC. 5. COMPOSITION OF THE COMMISSION.
(a) Members.--Subject to the requirements of subsection (b), the
Commission shall be composed of 21 members, appointed by the President,
who shall include--
(1) not less than 11 members who are experts in city or
regional planning issues;
(2) not less than 3 members who are historians or otherwise
employed in academic institutions;
(3) not less than 3 members who are hombuilders,
architects, or contractors;
(4) not less than 2 members who are experts in mortgage
finance; and
(5) not less than 2 members who are experts in small
business issues.
(b) Qualifications.--
(1) State representation.--The Commission shall include a
total of 14 members from the States of Alabama, Mississippi,
and Louisiana, and 7 members representative of other States.
(c) Deadline for Appointment.--All members of the Commission shall
be appointed on or before October 30, 2005.
(d) Chairperson; Vice Chairpersons.--The Commission shall have a
chairperson and two vice chairpersons, with a resident of each State
referred to in subsection (b)(1) holding one of the three positions.
(e) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable after appointment
of all the members.
(f) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairperson or a majority of its
members. 11 members of the Commission shall constitute a quorum. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
SEC. 6. FUNCTIONS.
The functions of the Commission are--
(1) to hold such hearings and conduct such examinations and
studies as may be appropriate to carry out the purposes of the
Commission under section 2; and
(2) to submit to the President and Congress such reports as
are required by section 10 containing such findings,
conclusions, and recommendations as the Commission shall
determine regarding actions, plans, and models for rebuilding
neighborhoods and communities affected by Hurricane Katrina.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for purposes of
carrying out this Act hold hearings, sit and act at times and places,
take testimony, receive evidence, and administer oaths.
(b) Contracting.--The Commission may enter, to such extent and in
such amounts as are provided in appropriation Acts, into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this Act. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(f) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, member, or agent of the Commission may take, if
authorized by the Commission, any action which the Commission is
authorized to take by this section.
SEC. 8. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairpersons, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates; except that
no rate of pay fixed under this subsection may exceed the equivalent of
that payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 9. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 10. REPORTS; TERMINATION.
(a) Initial Report.--Not later than 90 days after the date of the
first meeting of the Commission, the Commission shall submit to the
President and the Congress an initial report containing such findings,
conclusions, and recommendations for the rebuilding of communities and
neighborhoods affected by Hurricane Katrina as have been agreed to by a
majority of Commission members.
(b) Incremental Reports.--The Commission shall submit to the
President and the Congress an incremental report containing such
findings, conclusions, and recommendations for the rebuilding of
communities and neighborhoods affected by Hurricane Katrina as have
been agreed to by a majority of Commission members, at each of the
following times:
(1) Not later than 12 months after the submission of the
initial report of the Commission.
(2) Not later than 24 months after the submission of the
initial report of the Commission.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
second incremental report is submitted under subsection (b)(2).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out this Act $7,500,000. Such funds shall remain available until
expended. | Gulf State Community Renewal Commission Act - Establishes the Gulf State Community Renewal Commission to: (1) examine, evaluate, and report on the rebuilding of both urban and rural communities in areas that were affected by Hurricane Katrina; (2) identify actions necessary for rebuilding such communities and neighborhoods; and (3) create rebuilding models and plans.
Requires the models and plans to address: (1) transportation needs; (2) economic development and job creation; (3) the tourism industry; (4) housing needs; (5) agriculture development; (6) environmental concerns; and (7) natural disaster mitigation. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ghost Army Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The 23d Headquarters Special Troops, comprised of the
23d Headquarters and Headquarters Company, Special Troops, the
603d Engineer Camouflage Battalion, the 406th Combat Engineer
Company, the 3132d Signal Service Company and the Signal
Company, Special, 23d Headquarters, Special Troops) and the
3133d Signal Service Company were top-secret units of the
United States Army that served in Europe during World War II.
(2) The 23d Headquarters, Special Troops, was actively
engaged in battlefield operations from June of 1944 through
March of 1945. The 3133d Signal Service Company was engaged in
operations in Italy in 1945.
(3) The deceptive activities of these units were integral
to several Allied victories across Europe and reduced American
casualties.
(4) In evaluating the performance of these units after the
War, a U.S. Army analysis found that ``Rarely, if ever, has
there been a group of such a few men which had so great an
influence on the outcome of a major military campaign.''.
(5) Many Ghost Army soldiers were citizen-soldiers
recruited from art schools, advertising agencies,
communications companies, and other creative and technical
professions.
(6) The first four members of the 23d Headquarters, Special
Troops, landed on D-Day and two became casualties while
creating false beach landing sites.
(7) The 23d Headquarters Special Troops, secret deception
operations commenced in France on June 14, 1944, when Task
Force Mason, a 17-man detachment of the 23d led by First
Lieutenant Bernard Mason, landed at Omaha Beach. Task Force
Mason conducted Operation ELEPHANT between 1 and 4 July, 1944,
to draw enemy fire and protect the 980th Field Artillery
Battalion (VIII Corps) as part of the Normandy Campaign.
(8) Operation ELEPHANT was a prelude to 21 full-scale
tactical deceptions completed by the 23d Headquarters, Special
Troops.
(9) Often operating on or near the front lines, the 23d
Headquarters, Special Troops, used inflatable tanks, artillery,
airplanes and other vehicles, advanced engineered soundtracks,
and skillfully crafted radio trickery to create the illusion of
sizable American forces where there were none and to draw the
enemy away from Allied troops.
(10) The 3132d and the 3133d Signal Service Companies,
activated in Pine Camp (now Fort Drum), New York, at the Army
Experimental Station in March 1944, were the only two active
duty ``sonic deception'' ground combat units in World War II.
(11) Soldiers of the 23d Headquarters, Special Troops,
impersonated other, larger Army units by sewing counterfeit
patches onto their uniforms, painting false markings on their
vehicles, and creating phony headquarters staffed by fake
generals, all in an effort to feed false information to Axis
spies.
(12) During the Battle of the Bulge, the 23d Headquarters,
Special Troops created counterfeit radio traffic to mask the
efforts of General George Patton's Third Army as it mobilized
to break through to the 101st Airborne and elements of 10th
Armored Division in the besieged Belgian town of Bastogne.
(13) In its final mission, Operation VIERSEN, in March
1945, the 23d Headquarters, Special Troops, conducted a
tactical deception that drew German units down the Rhine River
and away from the Ninth Army, allowing the Ninth Army to cross
the Rhine into Germany. On this mission, the 1,100 men of the
Ghost Army, with the assistance of other units, impersonated
forty thousand men, or two complete divisions of American
forces, by using fabricated radio networks, soundtracks of
construction work and artillery fire, and more than 600
inflatable vehicles. According to a military intelligence
officer of the 79th Infantry, ``There is no doubt that
Operation VIERSEN materially assisted in deceiving the enemy
with regard to the real dispositions and intentions of this
Army.''.
(14) Three soldiers of the 23d Headquarters, Special
Troops, gave their lives and dozens were injured in carrying
out their mission.
(15) In April 1945, the 3133d Signal Service Company
conducted Operation CRAFTSMAN in support of Operation SECOND
WIND, the successful allied effort to break through the German
defensive position to the north of Florence, Italy, known as
the Gothic Line. Along with an attached platoon of British
engineers, who were inflatable decoy specialists, the 3133d
Signal Service Company used sonic deception to misrepresent
troop locations along this defensive line.
(16) The activities of the 23d Headquarters, Special Troops
and the 3133d Signal Service Company remained highly classified
for more than forty years after the war and were never formally
recognized. The extraordinary accomplishments of this unit are
deserving of belated official recognition.
(17) The United States is eternally grateful to the
soldiers of the 23d Headquarters, Special Troops and the 3133d
Signal Service Company for their proficient use of innovative
tactics throughout World War II, which saved lives and made
significant contributions to the defeat of the Axis powers.
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 the Congress, of a gold medal
of appropriate design to the 23d Headquarters, Special Troops, known as
the ``Ghost Army'', collectively, in recognition of its unique and
incredible service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (in this Act referred
to as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the Ghost Army, the gold medal shall be given to the
Smithsonian Institution, where it will be available for display
as appropriate and available for research.
(2) Sense of congress.--It is the sense of the Congress
that the Smithsonian Institution should make the gold medal
awarded pursuant to this Act available for display elsewhere,
particularly at appropriate locations associated with the Ghost
Army, and that preference should be given to locations
affiliated with the Smithsonian Institution.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3, at a price sufficient to cover the costs
of the medal, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. NATIONAL MEDAL.
The gold medal struck pursuant to this Act is a national medal for
purposes of chapter 51 of title 31, United States Code. | Ghost Army Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the 23rd Headquarters Special Troops, known as the "Ghost Army," collectively, in recognition of its service during World War II. The bill expresses the sense of Congress that the Smithsonian Institution should make the medal available for display elsewhere, particularly at appropriate locations associated with the Ghost Army, and that preference should be given to locations affiliated with the Smithsonian. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave Inclusion
Act''.
SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT
CHILD, SIBLING, GRANDPARENT, GRANDCHILD, OR OTHER
INDIVIDUAL RELATED BY BLOOD OR AFFINITY.
(a) Definitions.--
(1) Inclusion of grandparents, grandchildren, parents-in-
law, siblings, and domestic partners.--Section 101 of such Act
is further amended by adding at the end the following:
``(20) Domestic partner.--The term `domestic partner'
means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State; or
``(B) in the case of an unmarried employee, an
unmarried adult person who is in a committed, personal
relationship with the employee, is not a domestic
partner to any other person, and who is designated to
the employer by such employee as that employee's
domestic partner.
``(21) Grandchild.--The term `grandchild' means the son or
daughter of an employee's son or daughter.
``(22) Grandparent.--The term `grandparent' means a parent
of a parent of an employee.
``(23) Parent-in-law.--The term `parent-in-law' means a
parent of the spouse or domestic partner of an employee.
``(24) Sibling.--The term `sibling' means any person who is
a son or daughter of an employee's parent.
``(25) Son-in-law and daughter-in-law.--The terms `son-in-
law' and `daughter-in-law', used with respect to an employee,
means any person who is a spouse or domestic partner of a son
or daughter of the employee.''.
(2) Inclusion of adult children and children of a domestic
partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is
amended--
(A) by inserting ``a child of an individual's
domestic partner,'' after ``a legal ward,''; and
(B) by striking ``who is--'' and all that follows
and inserting ``and includes an adult child''.
(b) Leave Requirement.--Section 102 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612) is amended--
(1) in subsection (a)(1)(C), by striking ``spouse, or a
son, daughter, or parent of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandparent, grandchild, or sibling, of the employee, or any
other individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship, if such spouse, domestic partner, son, daughter,
parent, parent-in-law, grandparent, grandchild, sibling, or
such other individual'';
(2) in subsection (a)(1)(E), by striking ``spouse, or a
son, daughter, or parent of the employee'' and inserting
``spouse or domestic partner, or a son, daughter, parent,
parent-in-law, grandchild, or sibling of the employee, or any
other individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship'';
(3) in subsection (a)(3), by striking ``spouse, son,
daughter, parent, or next of kin of a covered servicemember''
and inserting ``spouse or domestic partner, son, daughter, son-
in-law, daughter-in-law, parent, parent-in-law, grandparent, or
sibling, or next of kin of a covered servicemember, or any
other individual related by blood or affinity to a covered
servicemember who close association with such servicemember is
the equivalent of a family relationship'';
(4) in subsection (e)(2)(A), by striking ``spouse, parent,
or covered servicemember of the employee'' and inserting
``spouse or domestic partner, parent, parent-in-law,
grandparent, grandchild, sibling, or covered servicemember of
the employee, or any other individual related by blood or
affinity whose close association with the employee is the
equivalent of a family relationship'';
(5) in subsection (e)(3), by striking ``spouse, or a son,
daughter, or parent, of the employee'' and inserting ``spouse
or domestic partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling, of the employee, or any other
individual related by blood or affinity whose close association
with the employee is the equivalent of a family relationship'';
and
(6) in subsection (f)--
(A) in the matter preceding subparagraph (A), by
inserting ``or domestic partners'' after ``husband and
wife''; and
(B) in subparagraph (B), by inserting ``or parent-
in-law'' after ``parent''.
(c) Certification.--Section 103 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2613) is amended--
(1) in subsection (a), by striking ``spouse, or parent of
the employee, or of the next of kin of an individual in the
case of leave taken under such paragraph (3), as appropriate''
and inserting ``spouse or domestic partner, parent, parent-in-
law, grandparent, grandchild, or sibling of the employee, or of
the next of kin of an individual in the case of leave taken
under such paragraph (3), as appropriate, or any other
individual related by blood or affinity whose close association
with the employee is the equivalent of a family relationship'';
(2) in subsection (b)(4)(A), by striking ``spouse, or
parent and an estimate of the amount of time that such employee
is needed to care for the son, daughter, spouse, or parent''
and inserting ``spouse or domestic partner, parent, parent-in-
law, grandparent, grandchild, sibling, or any other individual
related by blood or affinity whose close association with the
employee is the equivalent of a family relationship and an
estimate of the amount of time that such employee is needed to
care for such son, daughter, spouse or domestic partner,
parent, parent-in-law, grandparent, sibling, or such other
individual''; and
(3) in subsection (b)(7), by striking ``parent, or spouse''
and inserting ``spouse or domestic partner, parent, parent-in-
law, grandparent, grandchild, sibling, or any other individual
related by blood or affinity whose close association with the
employee is the equivalent of a family relationship''.
(d) Employment and Benefits Protection.--Section 104(c)(3) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is
amended--
(1) in subparagraph (A)(i), by striking ``spouse, or
parent'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, or any other
individual related by blood or affinity whose close association
with the employee is the equivalent of a family relationship'';
and
(2) in subparagraph (C)(ii), by striking ``spouse, or
parent'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, or any other
individual related by blood or affinity whose close association
with the employee is the equivalent of a family relationship''.
SEC. 3. FEDERAL EMPLOYEES.
(a) Definitions.--
(1) Inclusion of domestic partners, parents-in-law, adult
children, siblings, grandparents, grandchildren, or other
individuals related by blood or affinity.--Section 6381 of
title 5, United States Code, is amended--
(A) in paragraph (11) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(13) the term `domestic partner' means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State; or
``(B) in the case of an unmarried employee, an
unmarried adult person who is in a committed, personal
relationship with the employee, is not a domestic
partner to any other person, and who is designated to
the employing agency by such employee as that
employee's domestic partner;
``(14) the term `parent-in-law' means a parent of the
spouse or domestic partner of an employee;
``(15) the term `grandchild' means the son or daughter of
an employee's son or daughter;
``(16) the term `grandparent' means a parent of a parent of
an employee;
``(17) the term `sibling' means any person who is a son or
daughter of an employee's parent; and
``(18) the terms `son-in-law and daughter-in-law', used
with respect to an employee, means any person who is a spouse
or domestic partner of a son or daughter of the employee.''.
(2) Inclusion of adult children and children of a domestic
partner.--Section 6381(6) of such title is amended--
(A) by inserting ``a child of an individual's
domestic partner,'' after ``a legal ward,''; and
(B) by striking ``who is--'' and all that follows
and inserting ``and includes an adult child''.
(b) Leave Requirement.--Section 6382 of title 5, United States
Code, is amended--
(1) in subsection (a)(1)(C), by striking ``spouse, or a
son, daughter, or parent of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandparent, grandchild, or sibling, of the employee, or any
other individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship, if such spouse, domestic partner, son, daughter,
parent, parent-in-law, grandparent, grandchild, sibling, or
such other individual'';
(2) in subsection (a)(1)(E), by striking ``spouse, or a
son, daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law, grandchild,
sibling, or any other individual related by blood or affinity
whose close association with the employee is the equivalent of
a family relationship'';
(3) in subsection (a)(3), by striking ``spouse, son,
daughter, parent,'' and inserting ``spouse or domestic partner,
son, daughter, son-in-law, daughter-in-law, parent, parent-in-
law, grandparent, sibling, or any other individual related by
blood or affinity whose close association with the employee is
the equivalent of a family relationship,'';
(4) in subsection (e)(2)(A), by striking ``spouse,
parent,'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, or any other
individual related by blood or affinity whose close association
with the employee is the equivalent of a family
relationship,''; and
(5) in subsection (e)(3), by striking ``spouse, or a son,
daughter, or parent,'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law, grandchild,
sibling, or any other individual related by blood or affinity
whose close association with the employee is the equivalent of
a family relationship,''.
(c) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``spouse, or parent''
and inserting ``spouse or domestic partner, parent, parent-in-
law, grandparent, grandchild, sibling, or any other individual
related by blood or affinity whose close association with the
employee is the equivalent of a family relationship,''; and
(2) in subsection (b)(4)(A), by striking ``spouse, or
parent, and an estimate of the amount of time that such
employee is needed to care for such son, daughter, spouse, or
parent'' and inserting ``spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, or any other
individual related by blood or affinity whose close association
with the employee is the equivalent of a family relationship
and an estimate of the amount of time that such employee is
needed to care for such son, daughter, spouse or domestic
partner, parent, parent-in-law, grandparent, grandchild,
sibling, or such other individual''. | Family and Medical Leave Inclusion Act This bill amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to leave to care for a domestic partner or his or her child, parent-in-law, adult child, sibling, grandparent, grandchild, or any other person related by blood or affinity whose close association with the employee is the equivalent of a family relationship, if that person has a serious health condition. This bill applies the same leave allowance to federal employees. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Information Privacy Act of
1999''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered person'' means a person that is
subject to the jurisdiction of any of the Federal financial
regulatory authorities; and
(2) the term ``Federal financial regulatory authorities''
means--
(A) each of the Federal banking agencies, as that
term is defined in section 3(z) of the Federal Deposit
Insurance Act; and
(B) the Securities and Exchange Commission.
SEC. 3. PRIVACY OF CONFIDENTIAL CUSTOMER INFORMATION.
(a) Rulemaking.--The Federal financial regulatory authorities shall
jointly issue final rules to protect the privacy of confidential
customer information relating to the customers of covered persons, not
later than 270 days after the date of enactment of this Act (and shall
issue a notice of proposed rulemaking not later than 150 days after the
date of enactment of this Act), which rules shall--
(1) define the term ``confidential customer information''
to be personally identifiable data that includes transactions,
balances, maturity dates, payouts, and payout dates, of--
(A) deposit and trust accounts;
(B) certificates of deposit;
(C) securities holdings; and
(D) insurance policies;
(2) require that a covered person may not disclose or share
any confidential customer information to or with any affiliate
or agent of that covered person if the customer to whom the
information relates has provided written notice, as described
in paragraphs (4) and (5), to the covered person prohibiting
such disclosure or sharing--
(A) with respect to an individual that became a
customer on or after the effective date of such rules,
at the time at which the business relationship between
the customer and the covered person is initiated and at
least annually thereafter; and
(B) with respect to an individual that was a
customer before the effective date of such rules, at
such time thereafter that provides a reasonable and
informed opportunity to the customer to prohibit such
disclosure or sharing and at least annually thereafter;
(3) require that a covered person may not disclose or share
any confidential customer information to or with any person
that is not an affiliate or agent of that covered person unless
the covered person has first--
(A) given written notice to the customer to whom
the information relates, as described in paragraphs (4)
and (5); and
(B) obtained the informed written or electronic
consent of that customer for such disclosures or
sharing;
(4) require that the covered person provide notices and
consent acknowledgments to customers, as required by this
section, in separate and easily identifiable and
distinguishable form;
(5) require that the covered person provide notice as
required by this section to the customer to whom the
information relates that describes what specific types of
information would be disclosed or shared, and under what
general circumstances, to what specific types of businesses or
persons, and for what specific types of purposes such
information could be disclosed or shared;
(6) require that the customer to whom the information
relates be provided with access to the confidential customer
information that could be disclosed or shared so that the
information may be reviewed for accuracy and corrected or
supplemented;
(7) require that, before a covered person may use any
confidential customer information provided by a third party
that engages, directly or indirectly, in activities that are
financial in nature, as determined by the Federal financial
regulatory authorities, the covered person shall take
reasonable steps to assure that procedures that are
substantially similar to those described in paragraphs (2)
through (6) have been followed by the provider of the
information (or an affiliate or agent of that provider); and
(8) establish a means of examination for compliance and
enforcement of such rules and resolving consumer complaints.
(b) Limitation.--The rules prescribed pursuant to subsection (a)
may not prohibit the release of confidential customer information--
(1) that is essential to processing a specific financial
transaction that the customer to whom the information relates
has authorized;
(2) to a governmental, regulatory, or self-regulatory
authority having jurisdiction over the covered financial entity
for examination, compliance, or other authorized purposes;
(3) to a court of competent jurisdiction;
(4) to a consumer reporting agency, as defined in section
603 of the Fair Credit Reporting Act for inclusion in a
consumer report that may be released to a third party only for
a purpose permissible under section 604 of that Act; or
(5) that is not personally identifiable.
(c) Construction.--Nothing in this section or the rules prescribed
under this section shall be construed to amend or alter any provision
of the Fair Credit Reporting Act. | Financial Information Privacy Act of 1999 - Directs the Federal financial regulatory authorities (banking regulatory agencies and the Securities and Exchange Commission (SEC)) to jointly issue final rules to protect the privacy of confidential information relating to customers of institutions under their respective jurisdictions (covered institution).
Mandates that such rules: (1) prohibit a covered institution from disclosing or sharing confidential customer information with any affiliate or agent if the customer has provided a written notice which forbids such disclosure; (2) prohibit a covered institution from disclosing or sharing confidential customer information with a non-affiliate or non-agent unless the customer has provided written or electronic consent; (3) require the covered institution to disclose to the customer the specific type of information disclosed or shared, under what circumstances, to what specific types of businesses, and for what types of purposes; (4) require customer access to information that could be disclosed so that it may be reviewed for accuracy and supplementation; and (5) establish a compliance and enforcement mechanism that includes consumer complaint resolution.
Cites circumstances under which such information may be released. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``After School Education and Safety
Act of 1997''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve academic and social outcomes
for students by providing productive activities during after school
hours.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Today's youth face far greater social risks than did
their parents and grandparents.
(2) Students spend more of their waking hours alone,
without supervision, companionship, or activity than the
students spend in school.
(3) Law enforcement statistics show that youth who are ages
12 through 17 are most at risk of committing violent acts and
being victims of violent acts between 3 p.m. and 6 p.m.
(4) Greater numbers of students are failing in school and
the consequences of academic failure are more dire in 1997 than
ever before.
SEC. 4. GOALS.
The goals of this Act are as follows:
(1) To increase the academic success of students.
(2) To improve the intellectual, social, physical, and
cultural skills of students.
(3) To promote safe and healthy environments for students.
(4) To prepare students for workforce participation.
(5) To provide alternatives to drug, alcohol, tobacco, and
gang, activity.
SEC. 5. DEFINITIONS.
In this Act:
(1) School.--The term ``school'' means a public
kindergarten, or a public elementary school or secondary
school, as defined in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 6. PROGRAM AUTHORIZED.
The Secretary is authorized to carry out a program under which the
Secretary awards grants to schools to enable the schools to carry out
the activities described in section 7(a).
SEC. 7. AUTHORIZED ACTIVITIES; REQUIREMENTS.
(a) Authorized Activities.--
(1) Required.--Each school receiving a grant under this Act
shall carry out at least 2 of the following activities:
(A) Mentoring programs.
(B) Academic assistance.
(C) Recreational activities.
(D) Technology training.
(2) Permissive.--Each school receiving a grant under this
Act may carry out any of the following activities:
(A) Drug, alcohol, and gang, prevention activities.
(B) Health and nutrition counseling.
(C) Job skills preparation activities.
(b) Time.--A school shall provide the activities described in
subsection (a) only after regular school hours during the school year.
(c) Special Rule.--Each school receiving a grant under this Act
shall carry out activities described in subsection (a) in a manner that
reflects the specific needs of the population, students, and community
to be served.
(d) Location.--A school shall carry out the activities described in
subsection (a) in a school building or other public facility designated
by the school.
(e) Administration.--In carrying out the activities described in
subsection (a), a school is encouraged--
(1) to request volunteers from the business and academic
communities to serve as mentors or to assist in other ways;
(2) to request donations of computer equipment; and
(3) to work with State and local park and recreation
agencies so that activities that are described in subsection
(a) and carried out prior to the date of enactment of this Act
are not duplicated by activities assisted under this Act.
SEC. 8. APPLICATIONS.
Each school desiring a grant under this Act shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require. Each such
application shall--
(1) identify how the goals set forth in section 4 shall be
met by the activities assisted under this Act;
(2) provide evidence of collaborative efforts by students,
parents, teachers, site administrators, and community members
in the planning and administration of the activities;
(3) contain a description of how the activities will be
administered;
(4) demonstrate how the activities will utilize or
cooperate with publicly or privately funded programs in order
to avoid duplication of activities in the community to be
served;
(5) contain a description of the funding sources and in-
kind contributions that will support the activities; and
(6) contain a plan for obtaining non-Federal funding for
the activities.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$50,000,000 for each of the fiscal years 1998 through 2002. | After School Education and Safety Act of 1997 - Authorizes the Secretary of Education to award after-school education and safety program grants to schools to carry out at least two of the following activities: (1) mentoring programs; (2) academic assistance; (3) recreational activities; and (4) technology training. Allows each school also to carry out any of the following activities: (1) drug, alcohol, and gang prevention activities; (2) health and nutrition counseling; and (3) job skills preparation activities.
Requires the school to provide such grant-assisted activities: (1) only after regular school hours during the school year; (2) in a manner that reflects the specific needs of the population, students, and community to be served; and (3) in a school building or other public facility designated by the school.
Authorizes appropriations. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Improvement Act of 1993''.
SEC. 2. BUSINESS ACTIVITY TARGETS.
Notwithstanding any other provision of law, in administering the
small business and capital ownership development program established by
section 7(j)(10) of the Small Business Act, the Administrator of the
Small Business Administration shall consider any contract awarded to a
program participant before the date of the enactment of this Act under
section 8(a)(1)(D) of such Act to be a contract awarded other than
pursuant to section 8(a) of such Act for purposes of attainment of
business activity targets under regulations issued pursuant to section
7(j)(10)(I)(iii) of such Act.
SEC. 3. PROCUREMENT PROCEDURES.
Section 8 of the Small Business Act (15 U.S.C. 637) is amended by
inserting after subsection (b) the following new subsection:
``(c)(1) To facilitate the attainment of a participating agency's
goal regarding the participation of small business concerns owned and
controlled by socially and economically disadvantaged individuals
pursuant to section 15(g)(1), the head of a participating agency may
enter into contracts using--
``(A) less than full and open competition by restricting
the competition for such awards to such small business
concerns; or
``(B) a price evaluation preference of not more than 10
percent when evaluating an offer received from such a small
business concern as the result of an unrestricted solicitation.
``(2) For purposes of this subsection, the term `participating
agency' means any Federal agency, as defined in section 3(b), other
than the Department of Defense.
``(3) The authority provided for in paragraph (1) shall remain in
effect until September 30, 2000.''.
SEC. 4. ELIGIBILITY OF PAST DEVELOPMENT PROGRAM PARTICIPANTS FOR
SECTION 8(a) CONTRACT AWARDS.
Section (8)(a)(1)(C) of the Small Business Act (15 U.S.C.
637(a)(1)(C)) is amended to read as follows:
``(C) to make an award to a small business concern owned
and controlled by socially and economically disadvantaged
individuals which has completed its period of Program
Participation as prescribed by section 7(j)(15) if--
``(i) in the case of a competitive award, the
prospective contract awardee was a Program Participant
eligible for award of the contract on the date
specified for receipt of offers contained in the
contract solicitation; and
``(ii) in the case of a sole source award, the
prospective contract awardee was a Program Participant
eligible for award of the contract on the date that the
prospective awardee submitted certifications and
representations for the contract to the contracting
agency.''.
SEC. 5. ELIMINATING COMPETITIVE CONTRACTS UNDER SECTION 8(a).
Section 8(a)(1) of the Small Business Act (15 U.S.C. 637(a)(1)) is
amended--
(1) in subparagraph (B), by striking the semicolon and
inserting ``; and''; and
(2) by striking subparagraph (D).
SEC. 6. CONTINUED ACCESS TO BUSINESS OPPORTUNITIES.
Section 8(a)(3) of the Small Business Act (15 U.S.C. 637(a)(3)) is
amended by adding at the end the following:
``(E)(i) A contract to furnish products or services to a
participating agency shall be competed pursuant to clause (ii)
if--
``(I) there is a reasonable expectation of
receiving offers from 2 or more eligible small business
concerns owned and controlled by socially and
economically disadvantaged individuals which are
capable of performing the contract;
``(II) a contract to furnish the same (or
substantially similar) products or services is being
performed under a contract awarded pursuant to this
subsection; and
``(III) the contractor currently performing the
contract referred to in subclause (II) will have
graduated from the small business and capital ownership
development program authorized by section 7(j)(10)
prior to the date of issuance of the solicitation for
such contract.
``(ii) The head of a participating agency shall restrict
the competition for the award of a contract described in clause
(i) to small business concerns owned and controlled by socially
and economically disadvantaged individuals upon the request of
the small business concern described in clause (i)(III).
``(iii) A small business concern described in clause
(i)(III) shall be eligible for award of a contract resulting
from a restricted competition described in clause (ii) if such
small business concern has entered into (and the contracting
officer accepts) an agreement to subcontract not less than 20
percent and not more than 50 percent of the award value of the
contract to 1 or more small business concerns in the
developmental stage of the minority small business and capital
ownership development program, as described in section
7(j)(15)(A).
``(iv) The head of a participating agency awarding a
contract pursuant to clause (ii) shall ensure that, following
completion of a contract awarded pursuant to clause (ii), any
follow-on contract for the same (or substantially similar)
products or services will be furnished pursuant to a contract
awarded under the authority of this subsection.
``(v) For the purposes of this section, the term
`participating agency' means any Federal agency, as defined in
section 3(b) of this Act.
``(vi) For the purposes of this section, the term `small
business' means a business concern with not more than 1500
employees.''.
SEC. 7. STUDY OF DEVELOPMENT PROGRAM PARTICIPATION TERMS BY INDUSTRY
SECTOR; SUSPENSION OF DEVELOPMENT PROGRAM GRADUATIONS.
(a) Study.--Section 10 of the Small Business Act (15 U.S.C. 639) is
amended by adding at the end the following:
``(i) The Administration shall authorize a short-term study to
determine the appropriate program participation term by industry sector
for small business concerns participating in the program authorized by
section 7(j)(10) and transmit the results of such study to the
President of the Senate, the Speaker of the House of Representatives,
and the Committees on Small Business of the Senate and the House of
Representatives not later than 1 year after the date of the enactment
of this subsection.''.
(b) Suspension of Development Program Graduations.--Section
7(j)(10)(C) of such Act (15 U.S.C. 636(j)(10)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii); and
(2) by inserting after clause (i) the following new clause:
``(ii) A small business concern participating in any
program or activity conducted under the authority of this
paragraph or eligible for the award of contracts pursuant to
section 8(a) on October 1, 1992, shall be permitted continued
participation and eligibility in such program or activity until
the latter of--
``(I) 365 days after the date on which final
regulations are issued to implement a law establishing
appropriate terms for participation in the Program by
industry sector based on the study conducted pursuant
to section 10(i); or
``(II) the date on which such participation and
eligibility would otherwise expire pursuant to the
requirements of this subsection.''.
SEC. 8. COMPLIANCE WITH BUY INDIAN ACT.
Notwithstanding any other provision of law, if a Federal agency
contracts with the Small Business Administration under section 8(a) of
the Small Business Act (15 U.S.C. 637(a)) for the acquisition of goods
or services to be supplied by a small business concern owned and
controlled by members of an economically disadvantaged Indian tribe (or
a wholly owned business entity of such tribe) such acquisition shall be
considered to be in compliance with section 23 of the Act of June 25,
1910 (36 Stat. 861; 25 U.S.C. 47; popularly known as the ``Buy Indian
Act'').
SEC. 9. UNIFORM PROCEDURES FOR CONTESTING STATUS OF CONCERNS.
Section 16 of the Small Business Act (15 U.S.C. 645) is amended by
adding at the end the following new subsection:
``(g) Not later than 120 days after the date of the enactment of
this subsection, the Administrator, in cooperation with participating
agencies, shall establish uniform procedures for contesting the status
of a concern as a `small business concern owned and controlled by
socially and economically disadvantaged individuals'.''. | Business Improvement Act of 1993 - Amends the Small Business Act to authorize the head of any participating Federal agency (other than the Department of Defense), in order to facilitate the attainment of such agency's goal regarding the participation in procurement contracts of small businesses owned and controlled by socially and economically disadvantaged individuals, to enter into contracts using: (1) less than full and open competition; or (2) a price evaluation preference of up to ten percent for offers received from such qualifying small businesses. Terminates such authority at the end of FY 2000.
Revises the authority of the Administrator of the Small Business Administration (SBA) to continue to award Capital Ownership Development Program (Program) contracts to past Program participants. Eliminates the requirement restricting competition for such contracts to eligible Program participants.
Restricts the competition for the award of a contract to furnish products or services to a participating agency to small businesses owned and controlled by socially and economically disadvantaged individuals if there exists a reasonable expectation of receiving offers from two or more of such small businesses. Requires such small business in turn to subcontract a specified percentage of such contract to small businesses in the development stage of the minority small business and capital development program.
Directs the SBA Administrator to authorize a short-term study for determining the appropriate program participation term by industry sector for qualifying small businesses and to submit study results to specified congressional officers and committees. Suspends temporarily the termination of eligibility for qualified small businesses for participation in the Program until one year after the completion of such study.
Requires compliance with the Buy Indian Act for Federal agencies contracting with the SBA for the acquisition of goods or services supplied by Indian tribes.
Directs the Administrator to establish uniform procedures for contesting the status of a small business concern owned and controlled by socially and economically disadvantaged individuals. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Correctional Public Health
Act of 2005''.
SEC. 2. FINDING.
The Congress finds as follows:
(1) Approximately 2.1 million people are incarcerated in
the United States.
(2) The number of inmates held in Federal, State, and
private correctional facilities rose 28 percent between midyear
1995 and 2000.
(3) The offender population in jails turns over between 20
and 25 times each year.
(4) At least 95 percent of those currently incarcerated
will be released from custody.
(5) Offender populations enter correctional facilities with
a higher rate of infection of chronic and communicable
diseases, including asthma, diabetes, hepatitis, HIV/AIDS, and
tuberculosis, than is present in the general population.
(6) The prevalence of mental illness in correctional
facilities is rising. Estimates are that between 14 and 20
percent of jail inmates in 1996 had some type of anxiety
disorder. In State prison facilities, it is estimated that
between 22 and 30 percent have an anxiety disorder.
(7) The prevalence of AIDS among inmates is 3.5 times
higher than among the general population.
(8) An estimated 98,500 to 145,500 HIV-positive inmates
were released from prisons and jails in 1996.
(9) According to estimates, between 12 and 15 percent of
all individuals in the United States with chronic or current
hepatitis B infection in 1996 spent time in a correctional
facility that year.
(10) Between 1.3 and 1.4 million inmates released from
prison or jail in 1996 were infected with hepatitis C. The
prevalence of hepatitis C among inmates is between 9 and 10
times higher than the estimated hepatitis C prevalence in the
Nation's population as a whole. In the United States, about 30
percent of the total population with hepatitis C virus are
former prisoners or have a history of incarceration.
(11) In 1996, an estimated 35 percent of all those in
America who had tuberculosis had served time in a correctional
facility.
(12) According to estimates, substance abuse is a major
characteristic of incoming prisoners. Seventy-five percent of
State prisoners, and 80 percent of Federal prisoners, may be
characterized as alcohol-involved or drug-involved offenders.
SEC. 3. ESTABLISHMENT OF OFFICE OF CORRECTIONAL PUBLIC HEALTH.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following section:
``office of correctional public health
``Sec. 1711. (a) In General.--There is established within the
Office of Public Health and Science an office to be known as the Office
of Correctional Public Health (in this section referred to as the
`Office'), which shall be headed by a director appointed by the
Secretary. The Secretary shall carry out this section acting through
the Director of the Office.
``(b) General Duties.--
``(1) In general.--The Secretary shall carry out public
health activities regarding individuals who are employees in
Federal, State, or local penal or correctional institutions or
who are incarcerated in such institutions (which activities
regarding such individuals are referred to in this section as
`correctional health activities', and which individuals are so
referred to collectively as `correctional populations').
Correctional health activities that may be carried out under
the preceding sentence include activities regarding disease
prevention, health promotion, service delivery, research, and
health professions education.
``(2) Certain types of institutions.--The types of penal or
correctional institutions with respect to which this section is
authorized to be carried out include facilities in which
individuals are held pending judicial proceedings (including
individuals who are minors), facilities in which individuals
are held pending administrative proceedings of the Secretary of
Homeland Security with respect to citizenship and immigration
services, and facilities in which individuals who are minors
are held pursuant to judicial proceedings in which such
individuals are found, as minors, to have engaged in violations
of law.
``(c) Certain Activities.--In carrying out correctional health
activities under subsection (b), the Secretary shall--
``(1) coordinate all correctional health programs within
the Department of Health and Human Services;
``(2) provide technical support to State and local
correctional agencies on correctional health issues;
``(3) cooperate with other Federal agencies carrying out
correctional health programs to ensure coordination of such
programs;
``(4) consult with, and provide outreach to, State
directors of correctional health and providers of correctional
health care;
``(5) facilitate the exchange of information regarding
correctional health activities; and
``(6) facilitate collaboration between correctional
facilities and State and local health departments.
``(d) Grants Regarding Hepatitis.--
``(1) In general.--The Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention, may
make grants to States for the purpose of providing for
correctional populations screenings, immunizations, and
treatment for hepatitis A, B, and C.
``(2) Discretion of grantee regarding scope of program.--A
State receiving a grant under paragraph (1) may expend the
grant for any or all of the activities authorized in such
paragraph.
``(3) Requirement of matching funds.--
``(A) In general.--With respect to the costs of the
program to be carried out under paragraph (1) by a
State, the Secretary may make a grant under such
paragraph only if the State agrees to make available
(directly or through donations from public or private
entities) non-Federal contributions toward such costs
in an amount not less than 20 percent of such costs ($1
for each $4 of Federal funds provided in the grant).
``(B) Determination of amount contributed.--Non-
Federal contributions required in subparagraph (A) may
be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the
Federal Government, or services assisted or subsidized
to any significant extent by the Federal Government,
may not be included in determining the amount of such
non-Federal contributions.
``(4) Certain expenditures of grant.--The Secretary may
make a grant under paragraph (1) only if, with respect to the
activities to be carried out with the grant pursuant to
paragraph (2), the State agrees that a portion of the grant
will be expended to carry out such activities at penal or
correctional institutions that are not facilities in which
individuals serve terms of imprisonment, including facilities
in which individuals are held pending judicial proceedings.
``(e) Annual Report.--The Secretary shall annually submit to the
Congress a report describing the correctional health activities carried
out under this section. The report shall include a description of the
status of correctional health activities in the United States.
``(f) Rule of Construction Regarding Agency Jurisdiction.--With
respect to correctional health programs that are carried out by
agencies of the Public Health Service and were in operation as of the
day before the date of the enactment of the Office of Correctional
Public Health Act of 2005, this section may not be construed as
requiring the Secretary to transfer jurisdiction for the programs from
such agencies to the office established in subsection (a).
``(g) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, other than subsection (d), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2006 through 2010.
``(2) Grants regarding hepatitis.--For the purpose of
carrying out subsection (d), there are authorized to be
appropriated $15,000,000 for each of the fiscal years 2006
through 2008, and $5,000,000 for each of the fiscal years 2009
and 2010.''. | Office of Correctional Public Health Act of 2005 - Amends the Public Health Service Act to establish the Office of Correctional Public Health (OCPH) within the Office of Public Health and Science. Requires the Secretary of Health and Human Services, acting through the Director of OCPH, to carry out public health activities for individuals who are employees in federal, state, or local penal or correctional institutions or who are incarcerated in such institutions. Includes among such activities disease prevention, health promotion, service delivery, research, and health professions education activities.
Authorizes the Secretary to make matching grants to states to provide for correctional populations screenings, immunizations, and treatment for hepatitis A, B, and C. Requires a portion of each grant to be expended to carry out such activities at penal or correctional facilities that are not facilities in which individuals serve terms of imprisonment, including remand facilities. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Fall Prevention Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Falls are the leading cause of injury deaths among
people over 65.
(2) By 2030, the population of individuals who are 65 years
of age or older will double. By 2050, the population of
individuals who are 85 years of age or older will quadruple.
(3) In 2000, falls among elderly individuals accounted for
10,200 deaths and 1,600,000 emergency department visits.
(4) Sixty percent of fall-related deaths occur among
persons 75 and older.
(5) Twenty-five percent of elderly persons who sustain a
hip fracture die within 1 year.
(6) Hospital admissions for hip fractures among the elderly
have increased from 231,000 admissions in 1988 to 332,000 in
1999. The number of hip fractures is expected to exceed 500,000
by 2040.
(7) Annually, more than 64,000 individuals who are over 65
years of age sustain a traumatic brain injury as a result of a
fall.
(8) Annually, 40,000 individuals who are over 65 years of
age visit emergency departments with traumatic brain injuries
suffered as a result of a fall, of which 16,000 of these
individuals are hospitalized and 4,000 of these individuals
die.
(9) The rate of fall-induced traumatic brain injuries for
individuals who are 80 years of age or older increased by 60
percent from 1989 to 1998.
(10) The estimated total cost for non-fatal traumatic brain
injury-related hospitalizations for falls in individuals who
are 65 years of age or older is more than $3,250,000,000. Two-
thirds of these costs occurred among individual who were 75
years of age or older.
(11) The costs to the Medicare and Medicaid programs and
society as a whole from falls by elderly persons continue to
climb much faster than inflation and population growth. Direct
costs alone will exceed $32,000,000,000 in 2020.
(12) The Federal Government should devote additional
resources to research regarding the prevention and treatment of
falls in residential as well as institutional settings.
(13) A national approach to reducing elder falls, which
focuses on the daily life of senior citizens in residential,
institutional, and community settings is needed. The approach
should include a wide range of organizations and individuals
including family members, health care providers, social
workers, architects, employers and others.
(14) Reducing preventable adverse events, such as elder
falls, is an important aspect to the agenda to improve patient
safety.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to develop effective public education strategies in a
national initiative to reduce elder falls in order to educate
the elders themselves, family members, employers, caregivers,
and others who touch the lives of senior citizens;
(2) to expand needed services and gain information about
the most effective approaches to preventing and treating elder
falls; and
(3) to require the Secretary of Health and Human Services
to evaluate the effect of elder falls on the costs of the
Medicare and Medicaid programs and the potential for reducing
costs by expanding education, prevention, and elderly
intervention services covered or sponsored by these two
programs.
SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following part:
``PART R--PREVENTION OF ELDER FALLS
``SEC. 399AA. PUBLIC AND PROFESSIONAL EDUCATION.
``(a) In General.--Subject to the availability of appropriations,
the Secretary shall--
``(1) oversee and support a three-year national education
campaign to be carried out by the National Safety Council to be
directed principally to elders, their families, and health care
providers and focusing on ways of reducing the risk of elder
falls and preventing repeat falls;
``(2) provide grants to qualified organizations and
institutions for the purpose of organizing State-level
coalitions of appropriate State and local agencies, safety,
health, senior citizen and other organizations to design and
carry out local education campaigns, focusing on ways of
reducing the risk of elder falls and preventing repeat falls;
and
``(3) provide grants and contracts to qualified
organizations and institutions for the purpose of providing
state-of-the-art continued education to health and allied
health professionals to effect geriatric fall prevention.
``(b) Definition.--For purposes of this section, the term `allied
health professionals' has the meaning given such term in section 799B.
``SEC. 399AA-1. RESEARCH.
``(a) In General.--Subject to the availability of appropriations,
the Secretary shall--
``(1) conduct and support research to--
``(A) improve the identification of elders with a
high risk of falls;
``(B) improve data collection and analysis to
identify fall risk and protective factors;
``(C) improve strategies that are proven to be
effective in reducing subsequent falls by elderly fall
victims;
``(D) expand proven interventions to prevent elder
falls;
``(E) improve the diagnosis, treatment, and
rehabilitation of elderly fall victims; and
``(F) assess the risk of falls occurring in various
settings.
``(2) conduct and support research concerning barriers to
the adoption of proven interventions with respect to the
prevention of elder falls (such as medication review and vision
enhancement); and
``(3) evaluate the effectiveness of community programs to
prevent assisted living and nursing home falls by elders.
``(b) Administration.--In carrying out subsection (a), the
Secretary shall--
``(1) conduct research and surveillance activities related
to the community-based and populations-based aspects of elder
falls prevention through the Director of the Centers for
Disease Control and Prevention;
``(2) conduct research related to elder fall prevention in
health care delivery settings and clinical treatment and
rehabilitation of elderly fall victims through the Director of
the Agency for Healthcare Research and Quality; and
``(3) ensure the coordination of the activities described
in paragraphs (1) and (2).
``(c) Grants.--The Secretary shall award grants and contracts to
qualified organizations and institutions to enable such organizations
and institutions to provide professional education for physicians and
allied health professionals in elder fall prevention. In awarding these
grants and contracts, the Secretary shall give appropriate priority to
projects that show proven capacity to be self supporting within two
years after the onset of the project.
``SEC. 399AA-2. DEMONSTRATION PROJECTS.
``(a) In General.--Subject to the availability of appropriations,
the Secretary, acting through the Director of the Centers for Disease
Control and Prevention and in consultation with the Director of the
Agency for Healthcare Research and Quality, shall carry out the
following:
``(1) Oversee and support demonstration and research
projects to be carried out by the National Safety Council in
the following areas:
``(A) A multi-State demonstration project assessing
the utility of targeted elder-falls risk screening and
referral programs.
``(B) Programs targeting newly-discharged fall
victims who are at a high risk for second falls, which
shall include, but not be limited to modification
projects for elders with multiple sensory impairments,
video and web-enhanced fall prevention programs for
caregivers in multifamily housing settings, and
development of technology to prevent and detect falls.
``(C) Private sector and public-private
partnerships, involving home remodeling, home design
and remodeling (in accordance with accepted building
codes and standards) and nursing home and hospital
patient supervision.
``(D) Private sector and public-private
partnerships to develop technology to prevent falls and
prevent or reduce injuries if falls occur.
``(E) Hospital-based geriatric fall prevention and
treatment centers.
``(F) Medicaid sponsored community projects for
comprehensive geriatric fall prevention of the type
recently adopted by the States of Pennsylvania, New
York, and Florida whereby Medicaid elders are
comprehensively screened, counseled, referred, case
managed, and otherwise so treated as to reduce hospital
admissions for fall related injuries by 60 percent or
more.
``(G) Provide grants to not less than four States
and to four hospitals to expand the programs identified
in subparagraphs (E) and (F). In selecting State
grantees under this subparagraph, the Secretary shall
give appropriate priority to States that have adopted
legislation that either--
``(i) adopts Medicaid-sponsored
comprehensive fall prevention projects; or
``(ii) requires allied health professional
licensing boards to provide at least 1 hour of
continuing education per year on geriatric fall
prevention.
In all demonstration projects under this paragraph, the
Secretary shall give appropriate priority to projects that show
proven capacity to be self supporting within 2 years of the
onset of the project.
``(2)(A) Provide grants and contracts to qualified
organizations and institutions to design and carry out elder
falls prevention programs in residential and institutional
settings.
``(B) Provide one or more grants to one or more qualified
applicants in order to carry out a multi-State demonstration
project to implement elder falls prevention programs targeted
toward multi-family residential settings with high
concentrations of elders, including identifying high risk
populations, evaluating residential facilities, conducting
screening to identify high risk individuals, providing pre-fall
counseling, coordinating services with health care and social
service providers and coordinating post-fall counseling,
treatment, and rehabilitation.
``(C) Provide one or more grants to qualified applicants to
conduct evaluations of the effectiveness of the demonstration
projects in this section.
``(b) Definition.--For purposes of this section, the term
`Medicaid' means the program under title XIX of the Social Security
Act.
``SEC. 399AA-3. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In order to carry out the provisions of this
part, there are authorized to be appropriated--
``(1) to carry out the national public education provisions
described in section 399AA(1), $5,000,000 for each of fiscal
years 2004 through 2006;
``(2) to carry out the State public education campaign
provisions of section 399AA(2), $4,000,000 for each of fiscal
years 2004 through 2006;
``(3) to carry out the professional and educational
campaign provision of section 399AA(3), $5,000,000 for each of
fiscal years 2004 through 2006;
``(4) to carry out research projects described in section
399AA-1, $5,000,000 for each of fiscal years 2004 through 2006;
``(5) to carry out the demonstration projects described in
section 399AA-2(1), $11,000,000 for each of fiscal years 2004
through 2006; and
``(6) to carry out the demonstration and research projects
described in section 399AA-2(2), $8,000,000 for each of fiscal
years 2004 through 2006.
``(b) Allocation.--In the case of each program for which an
authorization of appropriations is established in subsection (a) and
under which program the Secretary is authorized to make awards of
grants or contracts to private entities, the Secretary shall reserve
from the amount appropriated under such subsection for the program not
less than 30 percent for making such awards.''.
SEC. 5. REVIEW OF REIMBURSEMENT POLICIES.
(a) In General.--The Secretary of Health and Human Services shall
undertake a review of the effects of elder falls on the costs of the
programs under titles XVIII and XIX of the Social Security Act
(referred to in this section as the ``Medicare'' and ``Medicaid''
programs, respectively) programs and the potential for reducing costs
by expanding services covered by these two programs. This review shall
include a review of the reimbursement policies of Medicare and Medicaid
in order to determine if additional fall-related education, prevention,
and early prevention services should be covered or reimbursement
guidelines should be modified.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Congress a report describing the findings of the
Secretary in conducting the review under subsection (a). | Elder Fall Prevention Act of 2003 - Amends the Public Health Service Act to direct the Administration on Aging within the Department of Health and Human Services to: (1) oversee and support a three-year national education campaign by the National Safety Council focusing on ways to reduce the risk of elder falls and prevent repeat falls; (2) provide grants for State coalitions for local education campaigns addressing reduction and prevention of elder falls; and (3) provide grants and contracts for continuing education to health professionals to effect geriatric fall prevention.
Requires the Secretary of Health and Human Services to: (1) conduct and support research concerning various topics, including high-risk elders, risk and protective factors, fall reduction strategies, fall prevention interventions, diagnosis and treatment of victims, barriers to adopting proven interventions, and the effectiveness of community programs in preventing assisted living and nursing home falls; (2) support the development of ways to reduce falls among very high risk elders; and (3) award grants to enable organizations to provide professional education for physicians and health professionals in elder fall prevention.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention, to oversee and support demonstration and research projects to be carried out by the Council and other qualified organizations in the following areas: (1) a multi-State demonstration project assessing the utility of targeted fall risk screening and referral programs; (2) programs targeting newly-discharged fall victims at high risk for second falls; (3) private-public partnerships to develop technologies to prevent falls and prevent or reduce injuries from falls; (4) hospital-based fall prevention and treatment centers; (5) Medicaid sponsored community projects of the type adopted by Pennsylvania, New York, and Florida; and (6) grants to States and hospitals to expand such hospital and Medicaid programs.
Requires the Secretary to provide grants for: (1) fall prevention programs in residential and institutional settings; and (2) demonstration program evaluations.
Directs the Secretary to review the effects of falls on the costs of the Medicare and Medicaid programs and the potential for reducing costs by expanding covered services. States that such review shall include a review of reimbursement policies. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Darfur Genocide Accountability Act
of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Government of sudan.--The term ``Government of Sudan''
means the National Congress Party-led government in Khartoum,
Sudan, or the successor Government of National Unity to be
formed pursuant to the Comprehensive Peace Agreement signed by
the Government of Sudan and the Sudan People's Liberation
Movement in Nairobi, Kenya on January 9, 2005. Measures against
the Government of Sudan, as defined in this paragraph, shall
not apply to the Government of South Sudan (GOSS) or to areas
formerly under the control of opposition groups.
(3) Member states.--The term ``member states'' means the
member states of the United Nations.
(4) Sudan north-south peace agreement.--The term ``Sudan
North-South Peace Agreement'' means the Comprehensive Peace
Agreement signed by the Government of Sudan and the Sudan
People's Liberation Movement/Army on January 9, 2005.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) On July 22, 2004, the House of Representatives and the
Senate declared that the atrocities occurring in Darfur, Sudan,
are genocide.
(2) On September 9, 2004, Secretary of State Colin L.
Powell stated before the Committee on Foreign Relations of the
Senate, ``[w]hen we reviewed the evidence compiled by our team,
along with other information available to the State Department,
we concluded that genocide has been committed in Darfur and
that the Government of Sudan and the [Janjaweed] bear
responsibility--and genocide may still be occurring''.
(3) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556, calling upon the
Government of Sudan to disarm the Janjaweed militias and to
apprehend and bring to justice Janjaweed leaders and their
associates who have incited and carried out violations of human
rights and international humanitarian law and carried out other
atrocities in the Darfur region.
(4) On September 18, 2004, the United Nations Security
Council passed Security Council Resolution 1564, determining
that the Government of Sudan had failed to meet its obligations
under Security Council Resolution 1556, calling for a military
flight ban in and over the Darfur region, demanding the names
of Janjaweed militiamen disarmed and arrested for verification,
establishing an International Commission of Inquiry into
violations of international humanitarian and human rights laws,
and threatening sanctions should the Government of Sudan fail
to fully comply with Security Council Resolutions 1556 and
1564, such as actions to affect Sudan's petroleum sector.
(5) In late January 2005, the International Commission of
Inquiry on Darfur submitted a 176-page report to Secretary
General Kofi Annan detailing the atrocities committed by the
Government of Sudan and its Janjaweed militia allies.
(6) The Commission declared that ``based on thorough
analysis of the information gathered in the course of the
investigations, the Commission established that the Government
of Sudan and the Janjaweed are responsible for serious
violations of international human rights and humanitarian law
amounting to crimes under international law.''.
(7) The Commission further stated that Sudanese Government
officials and other individuals may have committed genocidal
acts, and submitted a sealed document with 51 suspects for
prosecution by the International Criminal Court (ICC).
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the atrocities unfolding in Darfur, Sudan, are
genocide;
(2) the Comprehensive Peace Agreement between the
Government of Sudan and the Sudan People's Liberation Movement/
Army must be fully and unconditionally implemented and a new
coalition government established under such Agreement;
(3) the African Union must amend the mandate of the African
Union Mission in the Sudan to focus directly on protecting
civilians from attacks and to neutralize the Janjaweed militia
and other militia groups engaged in attacks against civilians;
(4) the United Nations or NATO should deploy at least
10,000 troops to the Darfur region to augment the African Union
Mission in the Sudan;
(5) the United States strongly condemns attacks on
humanitarian workers and calls on all forces in Darfur,
including forces of the Government of Sudan, all militia, and
forces of the Sudan Liberation Army/Movement and the Justice
and Equality Movement, to refrain from such attacks;
(6) the President should appoint a Presidential Special
Envoy to Sudan--
(A) to seek comprehensive peace throughout Sudan;
(B) to support the implementation of the Sudan
North-South Peace Agreement;
(C) to find ways to bring stability and peace to
Darfur;
(D) to address instability throughout Sudan; and
(E) to address the related crisis in Northern
Uganda;
(7) the United States should support accountability through
action by the United Nations Security Council, pursuant to
chapter VII of the Charter of the United Nations, to ensure the
prompt prosecution and adjudication in a competent
international court of justice or the United States-proposed
Sudan Tribunal of individuals responsible for war crimes,
crimes against humanity, and genocide; and
(8) the President of the United States shall instruct the
United States Permanent Representative to the United Nations to
demand--
(A) the extension of the military embargo to the
Government of Sudan, as called for in paragraphs 7
through 9 of United Nations Security Council Resolution
1556;
(B) the freezing of property and assets of
government and military officials and their family
members; Janjaweed leaders; and individuals engaged in
planning, directing, and implementing of the atrocities
in Darfur;
(C) that member states significantly reduce the
number and the level of the staff at Sudanese
diplomatic missions and consular posts and restrict or
control the movement within their territory of all such
staff who remain;
(D) steps to restrict the entry into or transit
through their territory of members of the Government of
Sudan, military officials of that Government, militia
leaders, and other individuals involved in the
planning, directing, and enforcing measures against
civilians; and
(E) steps to discourage international and regional
organizations from convening any conference in Sudan.
SEC. 5. IMPOSITION OF SANCTIONS.
(a) Blocking of Assets.--Beginning on the date that is 30 days
after the date of enactment of this Act or 30 days after the formation
of the National Unity Government of Sudan, the President shall,
consistent with the authorities granted in the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), block the property and
assets of officials of the Government of Sudan and their family
members; military officials and their family members; individuals
implicated in the atrocities in Darfur as well as businesses partially
or fully controlled by the above aforementioned individuals; and
property and assets controlled by the National Congress Party.
(b) Visa Restriction.--Notwithstanding section 428(b) of the
Homeland Security Act of 2002 (6 U.S.C. 236(b)), the Secretary of State
shall prohibit the granting of a visa to--
(1) officials of the Government of Sudan implicated in the
atrocities in Darfur;
(2) officials of the military of Sudan implicated in the
atrocities in Darfur;
(3) militia members or other individuals implicated in the
atrocities in Darfur; and
(4) family members of an individual described in paragraphs
(1), (2), and (3).
(c) Travel Restrictions.--The Secretary of State shall take
measures to significantly reduce the number and the level of the staff
at the Sudanese diplomatic mission in Washington, D.C., and restrict or
control the movement within the United States of all such staff who
remain.
(d) Restriction on International Conferences.--The Secretary of
State shall instruct the United States Permanent Representative to the
United Nations to oppose any conference organized by United Nations
member agencies or other international and regional organizations from
being held in Sudan.
(e) Reporting Requirement.--Not later than 30 days after a decision
to freeze the property or assets of, or deny a visa or entry to, any
person under this section, the President shall report the name of such
person to the appropriate congressional committees.
SEC. 6. AUTHORIZATION TO USE FORCE TO STOP GENOCIDE IN DARFUR, SUDAN.
(a) Authorization to Use Force.--The President is authorized to use
all necessary means, including use of the United States armed forces,
to stop genocide in Darfur, Sudan, consistent with the Convention on
the Prevention and Punishment of the Crime of Genocide, to enforce
United Nations Security Council Resolutions 1556 and 1564, and in
response to the Comprehensive Sudan Peace Act of 2004.
(b) Authorization to Neutralize Perpetrators of the Violence.--The
President is authorized and strongly encouraged to consider utilizing
unmanned armed planes and other military assets to neutralize--
(1) Janjaweed or other militia groups intent in targeting
civilians;
(2) helicopters or fixed aircraft used to attack civilians
or to provide cover and assistance to militia groups; and
(3) intelligence or military headquarters used to plan and
direct attacks against civilians.
(c) No-Fly Zones.--The President is authorized to use force to
enforce a no-fly zone over the Darfur region by utilizing American
military assets, including--
(1) those currently stationed in the Horn of Africa region
and/or use of NATO forces;
(2) options that employ technological capabilities to
intercept and jam communications between the Government of
Sudan and the Janjaweed; and
(3) cost-effective equipment such as aerostats, airships,
or unmanned aerial vehicles to achieve situational awareness.
(d) Port Entry Denial.--The President is authorized to deny port
entry to the United States to cargo ships or oil tankers engaged in
business or trade activities in the oil sector of Sudan and/or involved
in the shipment of goods for use by the Sudan Armed Forces.
SEC. 7. PROHIBITION ON TRADING IN UNITED STATES CAPITAL MARKETS.
(a) Prohibition.--The President shall exercise the authorities he
has under the International Emergency Economic Powers Act (without
regard to the requirements set forth in section 202 of that Act) to
prohibit any entity engaged in any commercial activity in Sudan--
(1) from raising capital in the United States; or
(2) from trading its securities (or depository receipts
with respect to its securities) in any capital market in the
United States.
(b) Penalties.--The penalties under section 206 of the
International Emergency Economic Powers Act shall apply to violations
under subsection (a) to the same extent as such penalties apply to
violations under that Act.
(c) Waiver.--The President may waive the application of sanctions
in section 5 and this section if the President determines and certifies
to the appropriate congressional committees that such a waiver is in
the national interest of the United States.
(d) Notification of Waivers of Sanctions.--Not later than 30 days
before waiving the provisions of any sanctions currently in force with
regard to Sudan, the President shall submit to the appropriate
congressional committees a report describing the waiver and the reasons
therefor.
SEC. 8. REPORTS TO CONGRESS.
(a) Disclosure of Business Activities in Sudan.--
(1) Annual report to congress.--The Secretary of the
Treasury shall, not later than 6 months after the date of the
enactment of this Act, and not later than the end of each 1-
year period thereafter, submit to the Congress a report that
includes-
(A) the identity of all entities that are engaged
in commercial activity in Sudan;
(B) the nature and extent of that commercial
activity in Sudan, including any plans for expansion or
diversification;
(C) the identity of all agencies of the Sudanese
Government with which any such entity is doing
business; and
(D) the relationship of the commercial activity to
any violations of religious freedom and other human
rights in Sudan.
(2) Disclosure to the public.--The Secretary of the
Treasury shall publish or otherwise make available to the
public each report submitted under subsection (a).
(b) Conforming Amendment.--Section 8(b)(1) of the Sudan Peace Act
(50 U.S.C.1701 note) is amended to read as follows:
``(1) The best estimates of the extent of aerial
bombardment of, as well as the extent of militia activity
against, civilian centers in Sudan, by the Government of Sudan,
including targets, frequency, and best estimates of damage.''. | Darfur Genocide Accountability Act of 2005 - Expresses the sense of Congress that the atrocities unfolding in Darfur, Sudan, are genocide.
Directs the President to: (1) block the property and assets of civil and military officials of the Government of Sudan and their family members implicated in the Darfur atrocities, and property and assets controlled by the National Congress Party; and (2) prohibit an entity engaged in any commercial activity in Sudan from raising capital in the United States, or from trading its securities in any capital market in the United States.
Directs the Secretary of State to: (1) prohibit visas for civil and military officials of the Government of Sudan, and militia members and others implicated in the Darfur atrocities; (2) reduce the Sudanese diplomatic mission in Washington, D.C., and restrict or control the remaining staff's movement within the United States; and (3) instruct the U.S. Permanent Representative to the United Nations (UN) to oppose any UN or other international conference from being held in Sudan.
Authorizes the President to: (1) use force to stop the Darfur genocide, including establishment of a no-fly zone and use of unmanned armed planes; and (2) deny U.S. port entry to ships doing business in the Sudan oil sector and /or with the Sudan armed forces. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Schools and Lands Improvement
Act of 1993''.
SEC. 2. UTAH-NAVAJO LAND EXCHANGE.
(a) Additions to Reservation.--For the purpose of securing in trust
for the Navajo Nation certain lands belonging to the State of Utah,
which comprise approximately thirty-eight thousand five hundred acres
of surface and subsurface estate, and approximately an additional nine
thousand five hundred acres of subsurface estate, as generally depicted
on the map entitled ``Utah-Navajo Land Exchange'', dated May 18, 1992,
such lands are hereby declared to be part of the Navajo Indian
Reservation in the State of Utah effective upon the completion of
conveyance from the State of Utah and acceptance of title by the United
States.
(b) Authorization.--The Secretary of the Interior is authorized to
acquire through exchange those lands described in subsection (a) which
are owned by the State of Utah, subject to valid existing rights.
SEC. 3. STATE LANDS WITHIN THE GOSHUTE INDIAN RESERVATION.
(a) Addition to Reservation.--For the purpose of securing in trust
for the Goshute Indian Tribe certain lands belonging to the State of
Utah, which comprise approximately nine hundred eighty acres of surface
and subsurface estate, and an additional four hundred and eighty acres
of subsurface estate, as generally depicted on the map entitled ``Utah-
Goshute Land Exchange'', dated May 18, 1992, such lands are hereby
declared to be part of the Goshute Indian Reservation in the State of
Utah effective upon the completion of conveyance from the State of Utah
and acceptance of title by the United States.
(b) Authorization.--The Secretary of the Interior is authorized to
acquire through exchange those lands described in subsection (a) which
are owned by the State of Utah, subject to valid existing rights.
(c) Other Land.--(1) The following tract of Federal land located in
the State of Nevada, comprising approximately five acres more or less,
together with all improvements thereon is hereby declared to be part of
the Goshute Indian Reservation, and shall be held in trust for the
Goshute Indian Tribe: Township 30 north, range 69 east, lots 5, 6, 7,
9, 11, and 14 of section 34.
(2) No part of such lands shall be used for gaming or any related
purpose.
SEC. 4. IMPLEMENTATION.
The exchanges authorized by sections 2 and 3 of this Act shall be
conducted without cost to the Navajo Nation and the Goshute Indian
Tribe.
SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYSTEM.
(a) Authorization.--The Secretary of Agriculture is authorized to
accept on behalf of the United States the school and institutional
trust lands owned by the State of Utah within units of the National
Forest System, comprising approximately seventy-six thousand acres as
depicted on a map entitled ``Utah Forest Land Exchange'', dated May 18,
1992.
(b) Status.--Any lands acquired by the United States pursuant to
this section shall become a part of the national forest within which
such lands are located and shall be subject to all the laws and
regulations applicable to the National Forest System.
SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYSTEM.
(a) Authorization.--The Secretary of the Interior is hereby
authorized to accept on behalf of the United States all school and
institutional trust lands owned by the State of Utah located within all
units of the National Park System, comprising approximately eighty
thousand acres, located within the State of Utah on the date of
enactment of this Act.
(b) Status.--(1) Notwithstanding any other provision of law, all
lands of the State of Utah within units of the National Park System
that are conveyed to the United States pursuant to this section shall
become a part of the appropriate unit of the National Park System, and
be subject to all laws and regulations applicable to that unit of the
National Park System.
(2) The Secretary of the Interior shall, as a part of the exchange
process of this Act, compensate the State of Utah for the fair market
value of five hundred eighty and sixty-four one-hundredths acres within
Capitol Reef National Park that were conveyed by the State of Utah to
the United States on July 2, 1971, for which the State has never been
compensated. The fair market value of these lands shall be established
pursuant to section 8 of this Act.
SEC. 7. OFFER TO STATE.
(a) Specific Offers.--Within thirty days after enactment of this
Act, the Secretary of the Interior shall transmit to the State of Utah
a list of lands, or interests in lands, within the State of Utah for
transfer to the State of Utah in exchange for the State lands and
interests described in sections 2, 3, 5, and 6 of this Act. Such list
shall include only the following Federal lands, or interests in lands:
(1) Blue Mountain Telecommunications Site, fee estate,
approximately six hundred and forty acres.
(2) Beaver Mountain Ski Resort Site, fee estate,
approximately three thousand acres, as generally depicted on
the map entitled ``Beaver Mountain Ski Resort'' dated September
16, 1992.
(3) The unleased coal located in the Winter Quarters tract.
(4) The unleased coal located in the Crandall Canyon tract.
(5) All royalties receivable by the United States with
respect to coal leases in the Quitchupah (Convulsion Canyon)
tract.
(6) The unleased coal located in the Cottonwood Canyon
tract.
(7) The unleased coal located in the Soldier Creek tract.
(b) Additional Offers.--(1) In addition to the lands and interests
specified in subsection (a), the Secretary shall offer to the State of
Utah a portion of the royalties receivable by the United States with
respect to Federal geothermal, oil, gas, or other mineral interests in
Utah which on December 31, 1992, were under lease and covered by an
approved permit to drill or plan of development and plan of
reclamation, were in production, and were not under administrative or
judicial appeal.
(2) No offer under this subsection shall be for royalties
aggregating more than 50 per centum of the total appraised value of the
State lands described in sections 2, 3, 5, and 6.
(3) The Secretary shall make no offer under this subsection which
would enable the State of Utah to receive royalties under this section
exceeding $12,500,000 annually.
(4) If the total value of lands and interests therein and royalties
offered to the State pursuant to subsections (a) and (b) is less than
the total value of the State lands described in sections 2, 3, 5, and
6, the Secretary shall provide the State a list of all public lands in
Utah that as of December 31, 1992, the Secretary in Resource Management
Plans prepared, pursuant to the Federal Land Policy and Management Act
of 1976, had identified as suitable for disposal by exchange or
otherwise, and shall offer to transfer to the State any or all of such
lands, as selected by the State, in partial exchange for such State
lands, to the extent consistent with other applicable laws and
regulations.
SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.
(a) Equal Value.--All exchanges authorized under this Act shall be
for equal value. No later than ninety days after enactment of this Act,
the Secretary of the Interior, the Secretary of Agriculture, and the
Governor of the State of Utah shall provide for an appraisal of the
lands or interests therein involved in the exchanges authorized by this
Act. A detailed appraisal report shall utilize nationally recognized
appraisal standards including, to the extent appropriate, the Uniform
Appraisal Standards for Federal Land Acquisition.
(b) Deadline and Dispute Resolution.--(1) If after two years from
the date of enactment of this Act, the parties have not agreed upon the
final terms of some or all of the exchanges authorized by this Act,
including the value of the lands involved in some or all of such
exchanges, notwithstanding any other provisions of law, the United
States District Court for the District of Utah, Central Division, shall
have jurisdiction to hear, determine, and render judgment on the value
of any and all lands, or interests therein, involved in the exchange.
(2) Any action provided for in this subsection can be filed with
the court no sooner than two years and no later than five years after
the date of enactment of this Act. Any decision of a district court
under this Act may be appealed in accordance with the applicable laws
and rules.
(c) Adjustment.--If the State shares revenue from the selected
Federal properties the value of such properties shall be the value
otherwise established under this section, less the percentage which
represents the Federal revenue sharing obligation, but such adjustment
shall not be considered as reflecting a property right of the State of
Utah.
(d) Interest.--Any royalty offer by the Secretary pursuant to
subsection 7(b) shall be adjusted to reflect net present value as of
the effective date of the exchange. The State shall be entitled to
receive a reasonable rate of interest at a rate equivalent to a five-
year treasury note on the balance of the value owed by the United
States from the effective date of the exchange until full value is
received by the State and mineral rights revert to the United States as
prescribed by subsection 9(a)(3).
SEC. 9. TRANSFER OF TITLE.
(a) Terms.--(1) The State of Utah shall be entitled to receive so
much of those lands or interests in lands and additional royalties
described in section 7 that are offered by the Secretary of the
Interior and accepted by the State as are equal in value to the State
lands and interests described in sections 2, 3, 5, and 6.
(2) For those properties where fee simple title is to be conveyed
to the State of Utah, the Secretary of the Interior shall convey,
subject to valid existing rights, all right, title, and interest,
subject to the provisions of subsection (b). For those properties where
less than fee simple is to be conveyed to the State of Utah, the
Secretary shall reserve to the United States all remaining right,
title, and interest of the United States.
(3) All right, title, and interest in any mineral rights described
in section 7 that are conveyed to the State of Utah pursuant to this
Act shall revert to the United States upon removal of minerals equal in
value to the value attributed to such rights in connection with an
exchange under this Act.
(4) If the State of Utah accepts the offers provided for in this
Act, the State shall convey to the United States, subject to valid
existing rights, all right, title, and interest of the State to all
school and institutional trust lands described in sections 2, 3, 5, and
6 of this Act. Except as provided in section 7(b), conveyance of all
lands or interests in lands shall take place within sixty days
following agreement by the Secretary of the Interior and the Governor
of the State of Utah, or entry of an appropriate order of judgment by
the district court.
(b) Inspections.--Both parties shall inspect all pertinent records
and shall conduct a physical inspection of the lands to be exchanged
pursuant to this Act for the presence of any hazardous materials as
presently defined by applicable law. The results of those inspections
shall be made available to the parties. Responsibility for costs of
remedial action related to materials identified by such inspections
shall be borne by those entities responsible under existing law.
(c) Conditions.--(1) With respect to the lands and interests
described in section 7, enactment of this Act shall be construed as
satisfying the provisions of section 206(a) of the Federal Land Policy
and Management Act of 1976 requiring that exchanges of lands be in the
public interest.
(2) Development of any mineral interest transferred to the State of
Utah pursuant to this Act shall be subject to all laws, rules, and
regulations applicable to development of non-Federal mineral interests,
including, where appropriate, laws, rules, and regulations applicable
to such development within national forests.
SEC. 10. LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after enactment, a map and
legal description of the lands added to the Navajo and Goshute Indian
Reservations and all lands exchanged under this Act shall be filed by
the appropriate Secretary with the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate, and each such map and description shall have
the same force and effect as if included in this Act, except that the
appropriate Secretary may correct clerical and typographical errors in
each such legal description and map. Each such map and legal
description shall be on file and available for public inspection in the
offices of the Secretary of Agriculture and the Secretary of the
Interior and the Utah offices of the appropriate agencies of the
Department of the Interior and Department of Agriculture.
(b) Pilot.--Section 6902(b) of title 31, United States Code, is
amended by striking ``acquisition.'' and inserting in lieu thereof
``acquisition, nor does this subsection apply to payments for lands in
Utah acquired by the United States if at the time of such acquisition
units, under applicable State law, were entitled to receive payments
from the State for such lands, but in such case no payment under this
chapter with respect to such acquired lands shall exceed the payment
that would have been made under State law if such lands had not been
acquired.''.
(c) Intent.--The lands and interests described in section 7 are an
offer related only to the State lands and interests described in this
Act, and nothing in this Act shall be construed as precluding
conveyance of other lands or interests to the State of Utah pursuant to
other exchanges under applicable existing law or subsequent Act of
Congress. It is the intent of Congress that the State should establish
a funding mechanism, or some other mechanism, to assure that counties
within the State are treated equitably as a result of this exchange.
(d) Costs.--The United States and the State of Utah shall each bear
its own respective costs incurred in the implementation of this Act.
(e) Definition.--As used in this Act, the term ``school and
institutional trust lands'' means those properties granted by the
United States in the Utah Enabling Act to the State of Utah in trust
and other lands which under State law must be managed for the benefit
of the public school system or the institutions of the State which are
designated by the Utah Enabling Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Utah Schools and Lands Improvement Act of 1993 - Declares specified lands in Utah to be part of the Navajo and Goshute Indian Reservations. Authorizes the Secretary of the Interior to acquire such lands through a land exchange.
Declares specified lands in Nevada to be part of the Goshute Reservation.
Authorizes the Secretary of: (1) Agriculture to accept on behalf of the United States the school and institutional trust lands owned by Utah within the National Forest System, to become part of the Forest System; and (2) the Interior to accept all schools and institutional trust lands owned by Utah within the National Park System, to become part of the Park System.
Directs the Secretary of the Interior to submit to Utah a list of all lands within Utah for possible use in an exchange for the lands received by the United States under this Act, with limitations. Requires land appraisals to ensure an equal value exchange.
Authorizes appropriations. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inclusive Home Design Act of 2003''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Accessible route.--The term ``accessible route'' means
a continuous unobstructed path that--
(A) can be negotiated by a person with a disability
using a wheelchair; and
(B) is safe for and usable by people with other
disabilities and people without disabilities.
(2) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is a detached single family house, a townhouse
or multi-level dwelling unit (whether detached or
attached to other units or structures), or a ground-
floor unit in a building of three or fewer dwelling
units;
(B) is designed as, or intended for occupancy as, a
residence;
(C) was designed, constructed, or commissioned,
contracted or otherwise arranged for design or
construction, by any person or entity who, at any time
during the design or construction, received Federal
financial assistance for any program or activity; and
(D) is made available for first occupancy after the
expiration of the one-year period beginning on the date
of the enactment of this Act.
(3) Environmental controls.--The term ``environmental
controls'' means, for a dwelling unit, any switches or devices
that control or regulate lights, temperature, fans, doors,
security system features, or any other feature included in the
new construction of the unit.
(4) Federal financial assistance.--The term ``Federal
financial assistance'' means--
(A) any assistance that is provided or otherwise
made available by the Secretary of Housing and Urban
Development or the Secretary of Veterans Affairs, or
any program or activity or such agencies, through any
grant, loan, contract, or any other arrangement, after
the expiration of the one-year period beginning on the
date of the enactment of this Act, including--
(i) grants, subsidies, or any other funds;
(ii) services of Federal personnel;
(iii) real or personal property or any
interest in or use of such property,
including--
(I) transfers or leases of the
property for less than the fair market
value or for reduced consideration; and
(II) proceeds from a subsequent
transfer or lease of the property if
the Federal share of its fair market
value is not returned to the Federal
Government;
(iv) any tax credit, mortgage or loan
guarantee or insurance; and
(v) community development funds in the form
of obligations guaranteed under section 108 of
the Housing and Community Development Act of
1974 (42 U.S.C. 5308); or
(B) any assistance that is provided or otherwise
made available by the Secretary of Agriculture under
title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.).
(5) Person or entity.--The term ``person or entity''
includes one or more individuals, corporations (including not-
for-profit corporations), partnerships, associations, labor
organizations, legal representatives, mutual corporations,
joint-stock companies, trusts, unincorporated associations,
trustees, trustees in cases under title 11 of the United States
Code, receivers, and fiduciaries.
SEC. 3. VISITABILITY REQUIREMENT.
It shall be unlawful for any person referred to in section 2(2)(C)
with respect to a covered dwelling unit to fail to ensure that such
dwelling unit contains at least one level that complies with the
following requirements:
(1) Accessible entrance.--
(A) In general.--Except as provided in subparagraph
(B), the level shall contain at least one entrance to
the dwelling unit that--
(i) is accessible to, and usable by, people
with disabilities such that all rooms on the
level are connected by an accessible route;
(ii) does not contain any steps or any door
threshold that exceeds one-half inch in height;
and
(iii) is located on a continuous
unobstructed path from the public street or
driveway that serves the unit, which path--
(I) at no point has a slope
exceeding one inch in rise for every 12
inches in length;
(II) has a width of not less than
36 inches;
(III) has a cross slope not greater
than two percent of the width;
(IV) is an accessible route; and
(V) may include curb ramps, parking
access aisles, walks, and ramps.
(B) Exceptions.--The provisions of clauses (ii) and
(iii) of subparagraph (A) shall not apply to a covered
dwelling unit if--
(i) the finished grade of the site is too
steep to provide a path having a slope meeting
the requirements of subclause (I) of
subparagraph (A)(iii) at the front, side, or
back of the unit;
(ii) there is no driveway serving the unit;
and
(iii) there is no alley or other roadway
capable of providing vehicular access to the
rear of the unit.
(2) Accessible interior doors.--All doors that are designed
to allow passage within the level shall have an unobstructed
opening of at least 32 inches when the door is open at a 90-
degree angle.
(3) Accessible environmental controls.--All environmental
controls located on the level shall be located on the wall--
(A) at least 15 inches, but not more than 48
inches, above the floor; or
(B) in the case of environmental controls located
directly above a counter, sink, or appliance, not more
than three inches above such counter, sink, or
appliance.
(4) Accessible habitable space and bathroom.--The level
shall contain the following:
(A) Habitable space.--At least one indoor room that
has an area of not less than 70 square feet and
contains no side or dimension narrower than seven feet.
(B) Bathroom.--At least one bathroom that contains,
at a minimum, the following:
(i) Clear floor space.--Clear floor space
of 30 by 48 inches centered on and contiguous
to the sink, which is not encroached by the
swing path of the bathroom door.
(ii) Accessible sink and toilet.--A sink
and a toilet that each allow for a parallel or
head-on approach by a person in a wheelchair.
(iii) Reinforced walls.--Walls that are
reinforced to be capable of supporting grab
bars that resist shear and bending forces of a
minimum of 250 pounds, as follows:
(I) All walls adjacent to the
toilet shall have horizontal backing
reinforcements, each at least 33
inches, but not more than 36 inches,
above the floor, and sufficient to
allow for a 24-inch grab bar on the
wall behind the toilet and another 42-
inch grab bar.
(II) If a bathtub is present in the
bathroom, such reinforcements shall
include (aa) two backing reinforcements
on the back wall of the bathtub, each
at least 24 inches long and not more
than 24 inches from the head end wall
and not more than 12 inches from the
foot end wall, one in a horizontal
position at least 33 inches, but not
more than 36 inches, above the floor,
and one 9 inches above the rim of the
bathtub, (bb) one backing reinforcement
on the foot end wall of the bathtub, at
least 24 inches long and located at the
front edge of the bathtub, and (cc) one
backing reinforcement on the head end
wall of the bathtub, at least 12 inches
long and located at the front edge of
the bathtub.
(III) If a shower is present in the
bathroom, such reinforcements shall
include backing reinforcements on at
least two walls on which the control
valve is not located, each at least 33
inches, but not more than 36 inches,
above the floor.
SEC. 4. ENFORCEMENT.
(a) Requirement for Federal Financial Assistance.--Each applicant
for Federal financial assistance shall submit an assurance to the
Federal agency responsible for such assistance that all of its programs
and activities will be conducted in compliance with this Act.
(b) Approval of Architectural and Construction Plans.--
(1) Submission.--Any applicant for or recipient of Federal
financial assistance who designs, constructs, or commissions,
contracts, or otherwise arranges for design or construction of
a covered dwelling unit shall submit architectural and
construction plans for such unit to the State or local
department or agency that is responsible, under applicable
State or local law, for the review and approval of construction
plans for compliance with generally applicable building codes
or requirements (in this subsection referred to as the
``appropriate State or local agency'').
(2) Determination of compliance.--
(A) Condition of federal housing assistance.--The
Secretary of Housing and Urban Development may not
provide any Federal financial assistance under any
program administered by such Secretary to a State or
unit of general local government (or any agency
thereof) unless the appropriate State or local agency
thereof is, in the determination of the Secretary,
taking the enforcement actions under subparagraph (B).
(B) Enforcement actions.--The enforcement actions
under this subparagraph are--
(i) reviewing any plans for a covered
dwelling unit submitted pursuant to paragraph
(1) and approving or disapproving such plans
based upon compliance of the dwelling unit with
the requirements of this Act; and
(ii) consistent with applicable State or
local laws and procedures, withholding final
approval of construction or occupancy of a
covered dwelling unit unless and until such
compliance is determined.
(c) Civil Action for Private Persons.--Any person aggrieved by an
act or omission that is unlawful under this Act may commence a civil
action in an appropriate United States district court or State court
against any person or entity responsible for any part of the design or
construction of a covered dwelling unit no later than two years after
the occurrence or termination of the alleged unlawful conduct under
this Act. For purposes of this section, a violation involving a covered
dwelling unit that is not designed or constructed in conformity with
the requirements of this Act shall not be considered to terminate until
the violation is corrected.
(d) Enforcement by Attorney General.--Whenever the Attorney General
has reasonable cause to believe that any person or group of persons has
violated this Act, the Attorney General may commence a civil action in
any appropriate United States district court. The Attorney General may
also, upon timely application, intervene in any civil action brought
under subsection (c) by a private person if the Attorney General
certifies that the case is of general public importance.
(e) Relief.--In any civil action brought under this section, if the
court finds that a violation of this title has occurred or is about to
occur, it may award to the plaintiff actual and punitive damages, and
subject to subsection (g), may grant as relief, as the court finds
appropriate, any permanent or temporary injunction, temporary
restraining order, or other order (including an order enjoining the
defendant from violating the Act or ordering such affirmative action as
may be appropriate).
(f) Attorney's Fees.--In any civil action brought under this
section, the court, in its discretion, may allow the prevailing party,
other than the United States, a reasonable attorney's fee and costs.
(g) Effect on Certain Sales, Encumbrances, and Rentals.--Relief
granted under this section shall not affect any contract, sale,
encumbrance, or lease consummated before the granting of such relief
and involving a bona fide purchaser, encumbrancer, or tenant, without
actual notice of a civil action under this title.
SEC. 5. EFFECT ON STATE LAWS.
Nothing in this Act shall be constructed to invalidate or limit
any law of a State or political subdivision of a State, or of any other
jurisdiction in which this Act shall be effective, that grants,
guarantees, or provides the same rights, protections, and requirements
as are provided by this Act, but any law of a State, a political
subdivision thereof, or other such jurisdiction that purports to
require or permit any action that would violate this Act shall to that
extent be invalid.
SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.
Nothing in this Act shall limit any right, procedure, or remedy
available under the Constitution or any other Act of the Congress.
SEC. 7. SEVERABILITY OF PROVISIONS.
If any provision of this Act of the application thereof to any
person or circumstances is held invalid, the remainder of the Act and
the application of the provision to other persons not similarly
situated shall not be affected thereby. | Inclusive Home Design Act of 2003 - Requires, with exceptions, newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the following accessibility features for persons with disabilities: (1) accessible entrance; (2) accessible interior doors; (3) accessible environmental controls; and (4) accessible habitable space and an accessible bathroom.
Requires: (1) each applicant for Federal financial assistance to submit compliance assurances to the relevant Federal agency, and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for State or local approval. Prohibits Federal financial assistance to a State or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings.
Permits: (1) private civil actions in a United States District Court or State court for violations under this Act; and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individual Investment Account Act of
1998''.
SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following new
section:
``SEC. 222. INDIVIDUAL INVESTMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction an amount equal to the aggregate amount paid
in cash for the taxable year by such individual to an individual
investment account established for the benefit of such individual.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Individual investment account.--The term `individual
investment account' means a trust created or organized in the
United States for the exclusive benefit of an individual, but
only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted unless it is
in cash.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in any collectible (as defined in section 408(m)).
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution on the last day of
a taxable year if the contribution is made on account of such
taxable year and is made not later than the time prescribed by
law for filing the return for such taxable year (not including
extensions thereof).
``(c) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount distributed out of an individual
investment account shall be included in gross income by the
distributee unless such amount is part of a qualified 1st-time
homebuyer distribution.
``(2) Qualified 1st-time homebuyer distribution.--For
purposes of this subsection--
``(A) In general.--The term `qualified 1st-time
homebuyer distribution' means any payment or
distribution received by an individual who is a 1st-time homebuyer (as
defined in section 72(t)(8)) from an individual investment account to
the extent such payment or distribution is used by such individual
before the close of the 120th day after the day on which such payment
or distribution is received to pay qualified acquisition costs (as
defined in section 72(t)(8)) with respect to a principal residence
(within the meaning of section 121) for such individual.
``(B) Dollar limitation.--The aggregate amount
which may be treated as qualified 1st-time homebuyer
distributions for all taxable years shall not exceed
$20,000.
``(C) Basis reduction.--The basis of any principal
residence described in subparagraph (A) shall be
reduced by the amount of any qualified 1st-time
homebuyer distribution.
``(3) Transfer of account incident to divorce.--The
transfer of an individual's interest in an individual
investment account to his former spouse under a divorce decree
or under a written instrument incident to a divorce shall not
be considered a taxable transfer made by such individual
notwithstanding any other provision of this subtitle, and such
interest at the time of the transfer shall be treated as an
individual investment account of such spouse and not of such
individual. Thereafter such account shall be treated, for
purposes of this subtitle, as maintained for the benefit of
such spouse.
``(d) Tax Treatment of Accounts.--
``(1) Exemption from tax.--An individual investment account
shall be exempt from taxation under this subtitle unless such
account has ceased to be such an account by reason of paragraph
(2). Notwithstanding the preceding sentence, any such account
shall be subject to the taxes imposed by section 511 (relating
to imposition of tax on unrelated business income of
charitable, etc. organizations).
``(2) Loss of exemption of account where individual engages
in prohibited transaction.--
``(A) In general.--If, during any taxable year of
the individual for whose benefit the individual
investment account is established, that individual
engages in any transaction prohibited by section 4975
with respect to the account, the account shall cease to
be an individual investment account as of the first day
of that taxable year.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
an individual investment account by reason of
subparagraph (A) on the first day of any taxable year,
paragraph (1) of subsection (c) shall be applied as if
there were a distribution on such first day in an
amount equal to the fair market value (on such first
day) of all assets in the account (on such first day).
``(3) Effect of pledging account as security.--If, during
any taxable year, an individual for whose benefit an individual
investment account is established uses the account or any
portion thereof as security for a loan, the portion so used
shall be treated as distributed to that individual.
``(4) Rollover contributions.--Subsection (c)(1) shall not
apply to any amount paid or distributed out of an individual
investment account to the individual for whose benefit the
account is maintained if such amount is paid into another
individual investment account for the benefit of such
individual not later than the 60th day after the day on which
he receives the payment or distribution.
``(e) Cost-of-Living Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 1998, the $20,000 amount
contained in subsection (c)(2)(B) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins by substituting `calendar year
1997' for `calendar year 1992' in subparagraph (B)
thereof.
``(2) Rounding.--If any dollar amount (as increased under
paragraph (1)) is not a multiple of $10, such dollar amount
shall be increased to nearest multiple of $10.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in section 408(n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute an individual
investment account described in subsection (b). For purposes of this
title, in the case of a custodial account treated as a trust by reason
of the preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(g) Reports.--The trustee of an individual investment account
shall make such reports regarding such account to the Secretary and to
the individual for whose benefit the account is maintained with respect
to contributions, distributions, and such other matters as the
Secretary may require under regulations. The reports required by this
subsection shall be filed at such time and in such manner and furnished
to such individuals at such time and in such manner as may be required
by those regulations.''.
(b) Deduction Allowed in Arriving at Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (defining adjusted gross
income) is amended by inserting after paragraph (17) the following new
paragraph:
``(18) Individual investment account contributions.--The
deduction allowed by section 222 (relating to individual
investment accounts).''
(c) Individual Investment Accounts Exempt From Estate Tax.--Part
III of subchapter A of chapter 11 of such Code is amended by
redesignating section 2046 as section 2047 and by inserting after
section 2045 the following new section:
``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS.
``Notwithstanding any other provision of law, there shall be
excluded from the value of the gross estate of the value of any
individual investment account (as defined in section 222(b)). Section
1014 shall not apply to such accounts.''
(d) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(6) Special rule for individual investment accounts.--An
individual for whose benefit an individual investment account
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be an
individual investment account by reason of the application of
section 222(d)(2)(A) to such account.''; and
(2) in subsection (e)(1), by striking ``or'' at the end of
subparagraph (E), by redesignating subparagraph (F) as
subparagraph (G), and by inserting the following new
subparagraph after subparagraph (E):
``(F) an individual investment account described in
section 222(b), or''.
(e) Failure To Provide Reports on Individual Investment Accounts.--
Paragraph (2) of section 6693(a) of such Code (relating to failure to
provide reports on individual retirement account or annuities) is
amended by redesignating subparagraphs (C) and (D) as subparagraphs (D)
and (E), respectively, and by inserting after subparagraph (B) the
following new paragraph:
``(C) section 222(g) (relating to individual
investment accounts),''.
(f) Adjustment of Basis of Residence Acquired Through Use of
Account.--Subsection (a) of section 1016 of such Code is amended by
striking ``and'' at the end of paragraph (26), by striking the period
at the end of paragraph (27) and inserting ``, and'', and by adding at
the end thereof the following new paragraph:
``(28) to the extent provided in section 222(c)(2)(C), in
the case of a residence the acquisition of which was made in
whole or in part with funds from an individual investment
account.''
(g) Clerical Amendments.--
(1) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 222 and inserting the following:
``Sec. 222. Individual investment
accounts.
``Sec. 223. Cross reference.''
(2) The table of sections for part III of subchapter A of
chapter 11 of such Code is amended by striking the item
relating to section 2046 and inserting the following new items:
``Sec. 2046. Individual investment
accounts.
``Sec. 2047. Disclaimers.''
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Individual Investment Account Act of 1998 - Amends the Internal Revenue Code to allow a deduction for amounts contributed to individual investment accounts. Allows tax-free distributions, limited to $20,000 for all taxable years, from such accounts for use in the purchase of a principal residence by a first-time homebuyer. Makes such accounts tax-exempt unless the individual engages in prohibited transactions. Adjusts dollar limitations under this Act for inflation. Allows such deduction in determining adjusted gross income.
Exempts such accounts from estate tax.
Provides for adjusting the basis of a residence acquired through the use of an individual investment account. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Freedom Restoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The freedom to practice religion and to express
religious thought is acknowledged to be one of the fundamental
and unalienable rights belonging to all individuals.
(2) The Framers of the Constitution deliberately withheld,
in the main body of that document, any authority for the
Federal Government to meddle with the religious affairs or with
the free speech of the people. Then, as further and more
specific protection for the people, they added the first
amendment, which includes the ``establishment clause'' and the
``freedom of speech clause'' which are as follows: ``Congress
shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof; or abridging the freedom
of speech . . .''. It is of utmost importance to note that the
first amendment is not a grant of authority to the Federal
Government. To the contrary, it is a specific restriction upon
the exercise of power by the Federal Government.
(3) For over 150 years, the Court held to this historically
correct position in interpreting the first amendment. During
this period, scant mention was made to ``The Separation of
Church and State''.
(4) Then, beginning in 1947, and accelerating through the
60's, the Court abruptly reversed its position. This was done
with no change in the law, either by statute or by amendment to
the Constitution. The Court invented the distorted meaning of
the first amendment utilizing the separation of ``church and
state'' in 1947 in Everson v. Board of Education when it
announced: The First Amendment has erected a wall between
church and state. That wall must be kept high and impregnable.
We could not approve the slightest breach. (Everson v. Board of
Education; 330 U.S. 1, 18 [1947]). Over the past five decades,
rulings of the United States Supreme Court have served to
infringe upon the rights of Americans to enjoy freedom of
speech relating to religious matters. Such infringements
include the outlawing of prayer in schools and of the display
of the Ten Commandments in public places. These rulings have
not reflected a neutrality toward religious denominations but a
hostility toward religious thought. They have served to
undermine the foundation of not only our moral code but our
system of law and justice.
(5) In making this abrupt change, the Court ignored all
historical precedent established previously by the Court, the
wording of the First Amendment, and the intent of its framers.
The rulings are legally irrational and without foundation.
Although the Court presumed to rely upon the First Amendment
for its authority for these rulings, a review of that Amendment
reveals that said rulings could not possibly have been based
upon its original intent. Consequently, it is incumbent upon
this Congress to review not only the rulings of the Court which
are in question but the wording and history of the First
Amendment to determine the intent of its framers. This abrupt
change is found in the following court cases:
(A) ``A verbal prayer offered in a school is
unconstitutional, even if that prayer is both voluntary
and denominationally neutral.'' (Engel v. Vitale, 1962,
Abington v. Schempp, 1963, Commissioner of Education v.
School Committee of Leyden, 1971.)
(B) ``Freedoms of speech and press are guaranteed
to students and teachers unless the topic is religious,
at which time such speech becomes unconstitutional.''
(Stein v. Oshinsky, 1965, Collins v. Chandler Unified
School District, 1981, Bishop v. Aronov, 1991, Duran v.
Nitsche, 1991.)
(C) ``It is unconstitutional for students to see
the Ten Commandments since they might read, meditate
upon, respect, or obey them.'' (Stone v. Graham, 1980,
Ring v. Grand Forks Public School District, 1980,
Lanner v. Wimmer, 1981.)
(D) ``If a student prays over his lunch, it is
unconstitutional for him to pray aloud.'' (Reed v. Van
Hoven, 1965.)
(E) ``The Ten Commandments, despite the fact that
they are the basis of civil law and are depicted in
engraved stone in the United States Supreme Court, may
not be displayed at a public courthouse.'' (Harvey v.
Cobb County, 1993.)
(F) ``When a student addresses an assembly of his
peers, he effectively becomes a government
representative; it is therefore unconstitutional for
that student to engage in prayer.'' (Harris v. Joint
School District, 1994.)
(G) By interpreting the establishment clause to
preclude prayer and other religious speech in any
public place, the Supreme Court necessarily violates
the free speech clause of the very same first amendment.
These rulings of the Court constitute de facto legislation or
Constitution-amending. This is a serious violation of the
doctrine of separation of powers, as all legislative authority
bestowed by the people through the Constitution is bestowed
upon the Congress and the Congress alone.
(6) A fundamental maxim of law is, whenever the intent of a
statute or a constitution is in question, to refer to the words
of its framers to determine their intent and use this intent as
the true intent of the law.
(7) The intent of the First Amendment was and is clear on
these two points: The Federal Government was prohibited from
enacting any laws which would favor one religious denomination
over another and the Federal Government has no power to forbid
or prohibit any mention of religion, the Ten Commandments or
reference to God in civic dialog.
(8) In its rulings to prohibit Americans from saying
prayers in school or from displaying the Ten Commandments in
public places, the Court has relied heavily upon the metaphor,
``Separation of Church and State''. Note that this phrase is
nowhere to be found in the First Amendment or any other place
in the Constitution.
(9) The metaphor, ``Separation of Church and State'', was
extracted, out of context, from a letter from Thomas Jefferson
to the Danbury Baptists in reply to a letter from them
expressing concern that the Federal Government might intrude in
religious matters by favoring one denomination over another.
Jefferson's reply was that the First Amendment would preclude
such intrusion.
(10) The Court, in its use of Separation of Church and
State, has given to this phrase a meaning never intended by its
author; it took it out of context and inverted its meaning and
intent. The complete text of Jefferson's letter is found in
Jefferson, Writings, Vol. XVI, pp. 281-282, to the Danbury
Baptist Association on January 1, 1802.
(11) Justice William Rehnquist made an extensive study of
the history of the First Amendment. In his dissent in Wallace
v. Jaffree (472 U.S. 38, 48, n. 30 [1984],) he stated: ``There
is simply no historical foundation for the proposition that the
Framers intended to build the `wall of separation' that was
constitutionalized in Everson. . . . But the greatest injury of
the `wall' notion is its mischievous diversion of judges from
the actual intentions of the drafters of the Bill of Rights. .
. . [N]o amount of repetition of historical errors in judicial
opinions can make the errors true. The `wall of separation
between church and state' is a metaphor based on bad history. .
. . It should be frankly and explicitly abandoned. . . . Our
perception has been clouded not by the Constitution but by the
mists of an unnecessary metaphor. It would come as much of a
shock to those who drafted the Bill of Rights, as it will to a
large number of thoughtful Americans today, to learn that the
Constitution, as construed by the majority, prohibits the
Alabama Legislature from endorsing prayer. George Washington
himself, at the request of the very Congress which passed the
Bill of Rights, proclaimed a day of public thanksgiving and
prayer, to be observed by acknowledging with grateful hearts
the many and signal favors of Almighty God. History must judge
whether it was the Father of his Country in 1789, or a majority
of the Court today, which has strayed from the meaning of the
Establishment Clause.''
(12) As Justice Rehnquist states, the greatest injury of
the ``wall'' notion is its ``mischievous diversion of judges
from the actual intentions of the drafters of the Bill of
Rights. . . .'' It is necessary to review not only Jefferson's
intent in his use of this ``wall'', but his involvement or
noninvolvement in the drafting of the First Amendment, and the
intent of the framers of the First Amendment.
(13) Jefferson was neither the author of nor a coauthor of
the First Amendment. He cannot be considered as a source of
legal authority on this subject. The Court, if it had wished to
rely upon Jefferson to determine the true and original intent
of the First Amendment, could have served themselves and the
American people well by referring to Jefferson's admonition to
Judge William Johnson regarding the determination of the
original intent of a statute or a constitution: ``On every
question of construction, carry ourselves back to the time when
the Constitution was adopted, recollect the spirit manifested
in the debates, and instead of trying what meaning may be
squeezed out of the text, or invented against it, conform to
the probable one in which it was passed.'' (Thomas Jefferson,
Memoir, Correspondence, and Miscellanies, From the Papers of
Thomas Jefferson, Thomas Jefferson Randolph, editor [Boston:
Gray and Bowen, 1830, Vol. IV., p. 373,] to Judge William
Johnson on June 12, 1823).
(14) The principal authors of the First Amendment, the
record reveals, were Fisher Ames and Elbridge Gerry of
Massachusetts, not Thomas Jefferson. Others who participated
were John Vining of Delaware, Daniel Carroll and Charles
Carroll of Maryland, Benjamin Huntington, Roger Sherman and
Oliver Ellsworth of Connecticut, William Paterson of New
Jersey, and James Madison and George Mason of Virginia. Thomas
Jefferson is not found in the record as having participated.
(The Debates and Proceedings in the Congress of the United
States [Washington, D.C.; Gales and Seaton, 1834], Vol. I, pp.
440-948, June 8-September 24, 1789.)
(15) George Mason, a member of the Constitutional
Convention and recognized as ``The Father of the Bill of
Rights'', submitted this proposal for the wording of the First
Amendment: ``All men have an equal, natural and unalienable
right to the free exercise of religion, according to the
dictates of conscience; and that no particular sect or society
of Christians ought to be favored or established by law in
preference to others.'' (Kate Mason Rowland, The Life of George
Mason [New York: G.P. Putnam's Sons, 1892,] Vol I, p. 244.)
(16) The Father of the Constitution, James Madison,
submitted the following wording for the First Amendment: ``The
civil rights of none shall be abridged on account of religious
belief or worship, nor shall any national religion be
established.'' (The Debates and Proceedings in the Congress of
the United States [Washington, D.C.; Gales and Season, 1834,]
Vol. I, p. 451, James Madison, June 8, 1789.)
(17) The true intent of the First Amendment is reflected by
the proposals submitted by Fisher Ames, George Mason and James
Madison and the wording finally adopted.
(18) Justice Joseph Story, considered the Father of
American Jurisprudence, stated in his Commentaries on the
Constitution: ``The real object of the [First A]mendment was
not to countenance, much less to advance Mohometanism [sp], or
Judaism, or infidelity by prostrating Christianity; but to
exclude all rivalry among Christian sects and to prevent any
national ecclesiastical establishment which should give to a
hierarchy [a denominational council] the exclusive patronage of
the national government. (Joseph Story, Commentaries on the
Constitution of the United States [Boston; Hilliard, Gray and
Company, 1833], p. 728, par. 1871.)
(19) Proof that the intent of the framers of the First
Amendment did not intend for the Federal Government to restrict
the exercise of free speech in religious matters in civic
dialog is found in various statements by George Washington, who
was President when the Congress adopted the First Amendment.
The following is found in his ``Farewell Address'': `` . . . of
all the dispositions and habits which lead to political
prosperity, religion and morality are indispensable supports.
In vain would that man claim the tribute of patriotism who
should labor to subvert these great pillars of human
happiness.'' (George Washington, Address of George Washington,
President of the United States. . . . Preparatory to his
Declination [Baltimore: George and Henry S. Keatinge, 1796],
pp. 22-23.
(20) James Wilson was a very active member of the
Convention and was later appointed by President George
Washington as an original Justice on the United States Supreme
Court where he coauthored America's first legal text on the
Constitution. Wilson never mentioned a ``separation of church
and state''. To the contrary, he declared the correlation
between religion and civil laws: Far from being rivals or
enemies, religion and law are twin sisters, friends, and mutual
assistants. (James Wilson, The Works of James Wilson, Bird
Wilson, editor. Philadelphia; Bronson and Chauncey, 1804. Vol.
I, pp. 104-106.)
(21) It was Fisher Ames of Massachusetts who provided, on
the 20th of August, 1789, the final wording for the First
Amendment as passed by the House of Representatives. Fisher
Ames, who should be considered the foremost authority on the
intent of the First Amendment, never spoke of a separation of
church and state. (Fisher Ames, Works of Fisher Ames, Boston;
T.B. Wait & Co. 1809, p. 134, 135.)
(22) Because the Court does not seem to be disposed to
correct this egregious error, it is incumbent upon the Congress
of the United States to perform its duty to support and defend
the Constitution of the United States, by the use of its
authority to apply checks and balances to other branches of the
government, when usurpations and the exercise of excesses of
power are evident. The Congress must, then, take the
appropriate steps to correct egregious problem.
SEC. 3. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL
DISTRICT COURT JURISDICTION.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1369. Exclusion of jurisdiction over religious freedom-related
cases
``(a) In General.--The district courts of the United States, the
District Court of Guam, the District Court of the Virgin Islands, and
the District Court for the Northern Mariana Islands shall not have
jurisdiction to hear or determine any religious freedom-related case.
``(b) Definition.--For purposes of this section, the term
`religious freedom-related case' means any action in which any
requirement, prohibition, or other provision relating to religious
freedom that is contained in a State or Federal statute is at issue.''.
(b) Clerical 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. Exclusion of jurisdiction over religious freedom-related
cases.''.
SEC. 4. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL CLAIMS
COURT JURISDICTION.
(a) In General.--Chapter 91 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1510. Removal of jurisdiction over religious freedom-related
cases
``(a) In General.--The United States Court of Federal Claims shall
not have jurisdiction to hear or determine any religious freedom-
related case.
``(b) Definition.--For purposes of this section, the term
`religious freedom-related case' means any action in which any
requirement, prohibition, or other provision relating to religious
freedom that is contained in a State or Federal statute is at issue.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 91 of title 28, United States Code, is amended by adding at the
end the following new item:
``1510. Removal of jurisdiction over religious freedom-related
cases.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to cases filed on or
after the date of the enactment of this Act. | Religious Freedom Restoration Act - Amends the Federal judicial code to deny the district courts of the United States, Guam, the Virgin Islands, and the Northern Mariana Islands and the United States Court of Federal Claims jurisdiction to hear or determine any case in which any requirement, prohibition, or other provision relating to religious freedom that is contained in a State or Federal statute is at issue. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Charitable Giving
Protection Act of 1995''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--AMENDMENTS TO THE SECURITIES LAWS
Sec. 101. Amendment to the Investment Company Act of 1940.
Sec. 102. Amendment to the Securities Act of 1933.
Sec. 103. Amendments to the Securities Exchange Act of 1934.
Sec. 104. Amendment of the Investment Advisers Act of 1940.
Sec. 105. Effective dates and applicability.
TITLE II--CLARIFICATION OF ANTITRUST LAWS
Sec. 201. Exemption from antitrust laws.
Sec. 202. Effective date and applicability.
SEC. 2. FINDINGS.
The Congress finds that--
(1) charities have served a unique and essential role in
meeting the needs of the American people;
(2) charities have healed the sick, fed the hungry,
sheltered the needy, and educated our children;
(3) in order to ensure that charities can continue to meet
the needs of the American people, the Federal Government should
do everything possible to encourage charitable giving;
(4) charities should be able to raise funds and invest
funds, both on their own and collectively with other charities,
without excessive Government intervention or unnecessary legal
or regulatory requirements;
(5) the Congress, in passing the Technical Corrections Act
of 1988, differentiated between charitable gift annuities and
annuities issued by commercial organizations for profit; and
(6) unlike commercial annuities, charitable gift annuities
are not issued for profit, and their issuance, maintenance, and
investment by charities is not subject to the anticompetitive
prohibitions of the Federal antitrust laws.
TITLE I--AMENDMENTS TO THE SECURITIES LAWS
SEC. 101. AMENDMENT TO THE INVESTMENT COMPANY ACT OF 1940.
Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(c)) is amended by inserting after paragraph (6) the following new
paragraph:
``(7)(A) Subject to subparagraph (B), a pooled income fund,
or any collective trust fund, collective investment fund, or
similar fund maintained by a charitable organization
exclusively for the collective investment and reinvestment of--
``(i) the general endowment fund or other funds of
one or more charitable organizations;
``(ii) assets of a pooled income fund;
``(iii) assets contributed to a charitable
organization in exchange for the issuance of charitable
gift annuities;
``(iv) assets of a charitable remainder trust or of
any other trust, the remainder interests of which are
irrevocably dedicated to any charitable organization;
``(v) assets of a charitable lead trust; or
``(vi) assets of a trust not described in clauses
(i) through (v), the remainder interests of which are
revocably dedicated to a charitable organization.
``(B) A fund described in subparagraph (A), and any
charitable organization that maintains such a fund, shall be
excluded from treatment as an investment company in accordance
with this subsection only if--
``(i) each contributor to a pooled income fund and
each settlor of a trust described in clause (iv), (v),
or (vi) of subparagraph (A) is provided with written
information describing the material terms of the
instruments governing the operation of the pooled
income fund, in the case of a contributor to such fund,
or of the fund in which any assets of such pooled
income fund or such a trust are invested, by the later
of June 30, 1996, or the date of investment in such
fund; and
``(ii) each person soliciting gifts, as described
in subparagraph (A), that will be administered in any
collective trust fund, collective investment fund, or
similar fund maintained by a charitable organization is
either a volunteer or is employed in the overall
fundraising activities of a charitable organization and
receives no commissions or other special compensation
based on the amount of gifts transferred to such fund.
``(C) The exemption provided by subparagraph (A)(vi) shall
terminate on December 31, 1998.
``(D) For purposes of this paragraph--
``(i) a trust or fund is `maintained' by a
charitable organization that serves as a trustee or
administrator of the trust or fund or that has the
power to remove the trustees or administrators of the
trust or fund and to designate new trustees or
administrators;
``(ii) the term `pooled income fund' has the same
meaning as in section 642(c)(5) of the Internal Revenue
Code of 1986;
``(iii) the term `charitable organization' means an
organization described in paragraphs (1) through (5) of
section 170(c) or section 501(c)(3) of the Internal
Revenue Code of 1986;
``(iv) the term `charitable lead trust' means a
trust described in section 170(f)(2)(B), 2055(e)(2)(B),
or 2522(c)(2)(B) of the Internal Revenue Code of 1986;
``(v) the term `charitable remainder trust' means a
charitable remainder annuity trust or a charitable
remainder unitrust, as those terms are defined in
section 664(d) of the Internal Revenue Code of 1986;
and
``(vi) the term `charitable gift annuity' means an
annuity issued by a charitable organization that is
described in section 501(m)(5) of the Internal Revenue
Code of 1986.''.
SEC. 102. AMENDMENT TO THE SECURITIES ACT OF 1933.
Section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c(a)) is
amended by adding at the end the following new paragraph:
``(13) Any security issued by or any interest or
participation in any pooled income fund, collective trust fund,
collective investment fund, or similar fund that is deemed not
to be an investment company under section 3(c)(7) of the
Investment Company Act of 1940.''.
SEC. 103. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934.
(a) Exempted Securities.--Section 3(a)(12)(A) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(A)) is amended--
(1) in clause (iv) by striking ``and'' at the end;
(2) by redesignating clause (v) as clause (vi); and
(3) by inserting after clause (iv) the following new
clause:
``(v) any security issued by or any
interest or participation in any pooled income
fund, collective trust fund, collective
investment fund, or similar fund that is deemed
not to be an investment company under section
3(c)(7) of the Investment Company Act of 1940;
and''.
(b) Exemption From Broker-Dealer Provisions.--Section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(c)) is amended by adding
at the end the following new paragraph:
``(54) Charitable organizations.--Notwithstanding any other
provision of this title, a charitable organization, as defined
in section 3(c)(7) of the Investment Company Act of 1940, or
any trust-
ee, director, officer, employee, or volunteer of such a
charitable organization acting within the scope of such
person's employment or duties, shall not be deemed to be a
`broker', `dealer', `municipal securities broker', `municipal
securities dealer', `government securities broker', or
`government securities dealer' for purposes of this title
solely because such organization or person buys, holds, sells,
or trades in securities for its own account in its capacity as
trustee or administrator of, or otherwise on behalf of or for
the account of--
``(A) such a charitable organization;
``(B) a fund that is exempt from the provisions of
the Investment Company Act of 1940 under section
3(c)(7) of that Act; or
``(C) a trust or other donative instrument, the
assets of which may be contributed to or invested in
such funds in accordance with section 3(c)(7) of the
Investment Company Act of 1940, or the settlors (or
potential settlors) or beneficiaries of any such trust
or other instrument.''.
SEC. 104. AMENDMENT OF THE INVESTMENT ADVISERS ACT OF 1940.
Section 202(a)(11) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-2(a)(11)) is amended--
(1) by striking ``does not include (A) a bank'' and
inserting ``does not include--
``(A) a bank'';
(2) by striking ``(B) any lawyer'' and inserting the
following:
``(B) any lawyer'';
(3) by striking ``(C) any broker'' and inserting the
following:
``(C) any broker'';
(4) by striking ``(D) the publisher'' and inserting the
following:
``(D) the publisher'';
(5) by striking ``(E) any person'' and inserting the
following:
``(E) any person'';
(6) by striking ``or (F) such other'' and inserting the
following:
``(G) such other''; and
(7) by inserting after subparagraph (E) the following new
subparagraph:
``(F) any charitable organization, as defined in
section 3(c)(7) of the Investment Company Act of 1940,
or any trustee, director, officer, employee, or
volunteer of such a charitable organization acting
within the scope of the employment or duties of such
person, whose advice, analyses, or reports are provided
only to--
``(i) any such charitable organization;
``(ii) a fund that is exempt from the
Investment Company Act of 1940 under section
3(c)(7) of that Act, or the trustees or
administrators of such fund; or
``(iii) a trust or other donative
instrument, the assets of which may be
contributed to or invested in such fund in
accordance with section 3(c)(7) of the
Investment Company Act of 1940, or the
trustees, administrators, settlors (or
potential settlors), or beneficiaries of any
such trust or other instrument; or''.
SEC. 105. EFFECTIVE DATES AND APPLICABILITY.
This title and the amendments made by this title shall apply in all
administrative and judicial actions pending on or commenced after the
date of enactment of this Act, as a defense to any claim that any
person, security, interest, or participation of the type described in
this title and the amendments made by this title is subject to the
provisions of the Securities Act of 1933, the Securities Exchange Act
of 1934, the Investment Company Act of 1940, or the Investment Advisers
Act of 1940, except as otherwise specifically provided in those Acts.
SEC. 106. PREEMPTION OF STATE LAW.
(a) Registration Requirements.--A security issued by or any
interest or participation in any pooled income fund, collective trust
fund, collective investment fund, or similar fund that is exempt from
the Investment Company Act of 1940 under section 3(c)(7) of that Act,
and the offer or sale thereof, shall be exempt from any law of a State
that requires registration or qualification of securities.
(b) Treatment of Charitable Organizations.--No charitable
organization, or any trustee, director, officer, employee, or volunteer
of a charitable organization acting within the scope of such person's
employment or duties, shall be required to register as, or be subject
to regulation as, a dealer, broker, agent, or investment adviser under
the laws of any State solely because such organization or person buys,
holds, sells, or trades in securities for its own account in its
capacity as trustee or administrator of, or otherwise on behalf of or
for the account of--
(1) a charitable organization;
(2) a fund that is exempt from the Investment Company Act
of 1940 under section 3(c)(7) of that Act; or
(3) a trust or other donative instrument, the assets of
which may be contributed to or invested in such funds in
accordance with section 3(c)(7) of the Investment Company Act
of 1940, or the settlors (or potential settlors) or
beneficiaries of any such trusts or other instruments.
(c) State Action.--Notwithstanding subsections (a) and (b), during
the 3-year period beginning on the date of enactment of this Act, a
State may enact a statute that specifically refers to this section and
provides prospectively that this section shall not preempt the laws of
that State referred to in this section.
(d) Definitions.--For purposes of this section--
(1) the term ``charitable organization'' means an
organization described in paragraphs (1) through (5) of section
170(c) or section 501(c)(3) of the Internal Revenue Code of
1986;
(2) the term ``security'' has the same meaning as in
section 3 of the Securities Exchange Act of 1934; and
(3) the term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
TITLE II--CLARIFICATION OF ANTITRUST LAWS
SEC. 201. EXEMPTION FROM ANTITRUST LAWS.
(a) In General.--The activities of a charitable organization
relating to the issuance, maintenance, or investment of a charitable
gift annuity are exempt from the application of the antitrust laws.
(b) Definitions.--For purposes of this section--
(1) the term ``antitrust laws'' means--
(A) the Sherman Act (15 U.S.C. 1 et seq.);
(B) the Clayton Act (15 U.S.C. 12 et seq.);
(C) the Federal Trade Commission Act (15 U.S.C. 41
et seq.); and
(D) any State law that is similar to the Acts
referred to in subparagraphs (A) through (C).
(2) the term ``charitable organization'' means an
organization described in paragraphs (1) through (5) of section
170(c) or section 501(c)(3) of the Internal Revenue Code of
1986;
(3) the term ``charitable gift annuity'' means an annuity
issued by a charitable organization that is described in
section 501(m)(5) of the Internal Revenue Code of 1986; and
(4) the term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
(c) State Action.--Notwithstanding subsections (a) and (b), during
the 3-year period beginning on the date of enactment of this Act, a
State may enact a statute that specifically refers to this section and
provides prospectively that this section shall not preempt the laws of
that State referred to in this section.
SEC. 202. EFFECTIVE DATE AND APPLICABILITY.
The exemption provided for in section 201 shall apply in any
judicial or administrative action pending on or commenced after the
date of enactment of this Act and shall serve as a defense to any claim
that the sale or issuance of a charitable gift annuity is subject to
any provision of antitrust laws. | TABLE OF CONTENTS:
Title I: Amendments to the Securities Laws
Title II: Clarification of Antitrust Laws
Charitable Giving Protection Act of 1995 -
Title I: Amendments to the Securities Laws
- Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities).
Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation.
Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws.
Title II: Clarification of Antitrust Laws
- Exempts charitable gift annuities from application of the antitrust laws. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Nutrition's Role in
Curricula and Healthcare Act'' or the ``ENRICH Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2012, United States health care spending was about
$8,915 per resident and accounted for 17.2 percent of the
Nation's gross domestic product, which is among the highest of
all industrialized countries.
(2) Expenditures in the United States on health care
surpassed $2.3 trillion in 2008, more than three times the $714
billion spent in 1990, and over eight times the $253 billion
spent in 1980.
(3) It is estimated that health care costs for chronic
disease treatment account for over 75 percent of national
health expenditures.
(4) The last major report from the World Health
Organization in March 2003 concluded diet was a major factor in
the cause of chronic diseases.
(5) Seven out of 10 deaths among Americans each year are
from chronic diseases. Heart disease, cancer, and stroke--each
of which has been strongly linked to dietary and lifestyle
choices--account for more than 50 percent of all deaths each
year.
(6) About 81.1 million people in the United States have at
least one form of cardiovascular disease. Approximately 2,300
Americans die every day from cardiovascular disease. In 2010,
cardiovascular disease cost American taxpayers $189.4 billion.
The American Heart Association estimates that, by 2030, direct
costs related to cardiovascular disease will triple to around
$818 billion. Research has shown that following a healthful
diet can not only reduce symptoms related to heart disease but
also reverse the damage done to the arteries.
(7) Two-thirds of the American population is currently
overweight, half of whom are obese. One in three children is
now overweight, and one-fifth of children are obese. In 2008,
the United States spent $190 billion on obesity-related health
care costs.
(8) An estimated 25.8 million Americans have diabetes.
Another 79 million adults have prediabetes. The Centers for
Disease Control and Prevention predict that one in three
children born in 2000 will develop diabetes at some point in
their lives. Diabetes cost the government $116 billion in 2007.
Research has shown that nutrition therapy is a key component of
diabetes management and can improve clinical outcomes.
(9) Cancer kills approximately 570,000 Americans each year,
accounting for one in every four deaths. More than 1.5 million
new cancer cases are diagnosed annually. In 2010, the direct
costs of cancer were $102.8 billion and that number is expected
to rise to $172 billion by 2020. More than 33 percent of
cancers are diet related and could be prevented with a
healthful diet.
(10) Eating is a complex social phenomenon influenced by
family, social networks, culture, socioeconomic and educational
status. An interprofessional approach to nutrition education
for clinicians may not necessarily overcome these forces but
may help the health professions team identify effective
strategies for nutrition counseling and management.
(11) Physicians are an important source of information and
motivation for patients' health behavior. Multiple studies have
shown that physician counseling on weight loss increases the
likelihood that patients will attempt weight loss, increase
physical activity, improve diet, and lose weight.
(12) Leading medical bodies recommend that physicians
address diet with overweight patients. Guidelines from leading
medical bodies such as the National Institutes of Health, the
American Heart Association, the American College of Cardiology,
and the Obesity Society recommend that physicians counsel
overweight and obese patients on the benefits of lifestyle
changes through lifestyle changes such as diet and physical
activity.
SEC. 3. GRANTS PROGRAM TO DEVELOP OR ENHANCE INTEGRATED NUTRITION
CURRICULA IN MEDICAL SCHOOLS.
(a) In General.--The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration and in conjunction with the National Institutes of
Health National Heart, Lung, and Blood Institute, shall establish a
competitive grants program under which the Secretary may award grants
to medical schools in the United States for the purpose described in
subsection (b)(1).
(b) Use of Grant Funds.--
(1) In general.--A medical school receiving a grant under
this section shall use the grant to create new or expand
existing integrated nutrition curriculum described in paragraph
(2) for the medical school.
(2) Integrated nutrition curriculum.--For purposes of
paragraph (1), an integrated nutrition curriculum--
(A) shall be designed based on the best possible
evidence to improve communication and provider
preparedness in the prevention, management, and, as
possible, reversal of obesity, cardiovascular disease,
diabetes, and cancer; and
(B) shall, to the greatest extent practicable,
address such additional topics, including nutrition
across the life cycle of individuals who are members of
at-risk populations, food insecurity among such
individuals, and malnutrition among such individuals.
(c) Eligibility.--To be eligible to receive a grant under this
section, an eligible entity shall--
(1) be a medical school in the United States that is
accredited by the Liaison Committee on Medical Education and
Residency Program Accreditation Council for Graduate Education
or by the American Osteopathic Association Commission on
Osteopathic College Accreditation; and
(2) submit an application to the Secretary, in accordance
with such time, form, and manner and containing such
information as specified by the Secretary, including--
(A) a description of how the medical school intends
to implement the integrated nutrition curriculum
described in subsection (b)(2); and
(B) a description of benchmarks to measure the
success of the implementation of such curriculum.
(d) Administrative Provisions.--
(1) Duration of program.--A grant awarded to a medical
school under this section shall be for a three-year period,
beginning on the date of the establishment of the grants
program under subsection (a).
(2) Limitations.--
(A) Grant amounts.--A grant awarded to a medical
school under this section may not exceed $500,000.
(B) One grant per school.--A medical school shall
not be eligible for more than one grant under this
section and may not renew such a grant.
(3) Priority.--In awarding grants, the Secretary shall give
priority to medical schools--
(A) that submit applications under subsection
(c)(1) that describe an integrated nutrition curriculum
that will be implemented through the use of such a
grant--
(i) that is coordinated with a residency
program; or
(ii) provides that students of such school
should receive at least 25 hours of nutrition
education; or
(B) that, for purposes of carrying out such
curriculum through the use of such a grant, partner
with education programs for health professionals other
than physicians.
(e) Reports.--
(1) Periodic reports during grants program.--
(A) In general.--For each school year ending during
the duration of the grants program under this section,
the Secretary shall submit to Congress a report on the
grants program.
(B) Report elements.--Each such report shall
include--
(i) the findings and conclusions of the
Secretary with respect to the integration of
nutrition curriculum into the curriculum of the
medical schools receiving a grant under the
grants program; and
(ii) an assessment of the benefits of the
grants program for--
(I) establishing best practices for
providers to advise patients in the
clinical setting;
(II) providing greater nutrition
awareness to physicians and other
health professionals and patients of
such physicians and professionals; and
(III) improving healthfulness of
patients' diets and improving patient
health outcomes.
(2) Final report.--Not later than 180 days after the last
day of the grants program under this section, the Secretary
shall submit to Congress a report detailing the recommendations
of the Secretary as to any benefits or barriers of integrating
nutrition curriculum at both the medical school and residency
levels.
(f) Funding.--No additional funds are authorized to carry out the
requirements of this section. The Secretary shall carry out such
requirements by using, from amounts otherwise authorized or
appropriated, up to $5,000,000 for each of fiscal years 2015 through
2017. | Expanding Nutrition's Role in Curricula and Healthcare Act or the ENRICH Act - Requires the Secretary of Health and Human Services (HHS) to establish a program of three-year competitive grants to accredited medical schools for the development or expansion of an integrated nutrition curriculum. Describes such a curriculum as one that: (1) is based on best possible evidence to improve communication and provider preparedness in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer; and (2) addresses such topics as nutrition across the life cycle of members of at-risk populations and food insecurity and malnutrition among such individuals. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Proven Programs for the Future of
Education Act of 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESEARCH-PROVEN PROGRAMS AND COMPETITIVE GRANTS
Sec. 101. Research-proven programs and competitive grants.
TITLE II--RESEARCH-PROVEN REFORM IN READING FIRST
Sec. 201. Purposes.
Sec. 202. Formula grants to state educational agencies.
Sec. 203. State formula grant applications.
Sec. 204. Information dissemination.
Sec. 205. Definitions.
TITLE III--DEFINITION OF RESEARCH-PROVEN PROGRAM
Sec. 301. Definition of research-proven program.
TITLE I--RESEARCH-PROVEN PROGRAMS AND COMPETITIVE GRANTS
SEC. 101. RESEARCH-PROVEN PROGRAMS AND COMPETITIVE GRANTS.
Title IX of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.) is amended by adding at the end the following:
``PART G--RESEARCH-PROVEN PROGRAMS
``SEC. 9701. RESEARCH-PROVEN PROGRAMS AND COMPETITIVE GRANTS.
``In all competitive grants that are awarded by the Department to a
State educational agency or a local educational agency or by a State
educational agency to a local educational agency under this Act,
competitive preference points equal to 10 percent of the total number
of points awarded may be awarded to a State educational agency or local
educational agency if such State educational agency or local
educational agency proposes in the grant application to use research-
proven programs, when appropriate.''.
TITLE II--RESEARCH-PROVEN REFORM IN READING FIRST
SEC. 201. PURPOSES.
Section 1201(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6361(1)) is amended by inserting ``research-proven
reading programs, or, at a minimum, are'' after ``that are''.
SEC. 202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.
Section 1202 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6362) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by adding at the end the
following:
``(C) Preference.--In making subgrants to eligible
local educational agencies, a State educational agency
shall award competitive preference points equal to 10
percent of the total number of points if applicants
propose to use research-proven reading programs.''; and
(B) in paragraph (7)(A)(ii), by striking ``learning
system or program of reading instruction'' and
inserting ``research-proven reading program, or, at a
minimum, a program''; and
(2) in subsection (d)--
(A) in paragraph (3)(A)(ii)(I), by inserting ``that
are research-proven reading programs, or, at a minimum,
are'' before ``based on''; and
(B) in paragraph (4)--
(i) in subparagraph (A)(i), by inserting
``that are research-proven reading programs,
or, at a minimum, are'' after ``instruction'';
and
(ii) in subparagraph (B)(ii), by inserting
``research-proven reading programs, or, at a
minimum, programs of'' after ``clause (i),''.
SEC. 203. STATE FORMULA GRANT APPLICATIONS.
Section 1203 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6363) is amended--
(1) in subsection (b)(4)--
(A) in subparagraph (B), by striking
``instructional materials, programs, strategies, and
approaches,'' and inserting ``research-proven reading
programs, or, at a minimum, programs'';
(B) in subparagraph (C)(ii), by inserting
``research-proven reading programs, or, at a minimum,
programs'' after ``(ii)''; and
(C) in subparagraph (E), by inserting ``research-
proven reading programs, or, at a minimum,'' after
``will use'';
(2) in subsection (c)(2)(B)--
(A) in clause (ii)--
(i) by striking ``to individuals who teach
reading to children and adults'';
(ii) by inserting ``on research-proven
reading programs, or, at a minimum, programs''
before ``based on''; and
(iii) by inserting ``to individuals who
teach reading to children and adults'' after
``research''; and
(B) in clause (iii)--
(i) by striking ``to other instructional
staff'';
(ii) by inserting ``on research-proven
reading programs, or, at a minimum, programs''
before ``based on''; and
(iii) by inserting ``to other instructional
staff'' after ``research''; and
(3) in subsection (d)--
(A) in paragraph (2)(E), by inserting ``research-
proven reading programs, or, at a minimum, programs
based on'' after ``tutors and''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``a
research-proven reading program, or, at a
minimum, a program'' after ``that is''; and
(ii) in subparagraph (C), by inserting ``on
research-proven reading programs, or, at a
minimum, programs'' after ``instruction''.
SEC. 204. INFORMATION DISSEMINATION.
Section 1207(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6367(a)) is amended--
(1) in paragraph (1), insert ``research-proven reading
programs, or, at a minimum,'' after ``information on''; and
(2) in paragraph (3), insert ``of research-proven reading
programs, or, at a minimum,'' after ``instruction''.
SEC. 205. DEFINITIONS.
Section 1208 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6368) is amended--
(1) by redesignating paragraphs (6) and (7), as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) Research-proven reading program.--
``(A) In general.--The term `research-proven
reading program' means a program that is determined to
be a qualified program pursuant to subparagraph (B) and
that is evaluated in not less than 2 studies, both of
which studies meet the following minimum criteria:
``(i) The program was compared to a control
group using alternative or traditional methods.
``(ii) The study duration was not less than
12 weeks.
``(iii) Program and control schools were
equivalent at pretest in reading achievement
(within 0.5 standard deviations). Analyses of
posttest differences were adjusted for pretest
differences.
``(iv) The reading posttest measures used
to compare program and control groups is a
valid standardized or criterion-referenced test
of reading, such as a State accountability
test, and is not inherent to the program. For
example, tests made by the program authors, or
tests of content not studied by control
students, do not qualify.
``(v) The sample size of each study is not
less than 5 classes or 125 students per
treatment (10 classes or 250 students overall).
Multiple smaller studies may be combined to
reach this sample size collectively.
``(vi) The median difference between
program and control students across all
qualifying studies is not less than 20 percent
of student-level standard deviation, in favor
of the program students.
``(B) Review.--
``(i) In general.--The Department shall
constitute a review panel to review scientific
reviews of reading evaluations and determine
which programs qualify as qualified research-
proven reading programs.
``(ii) Panel members.--Review panel members
shall have expertise in scientific research
review and in scientifically based reading
research but may not have financial or personal
connection with the authors or publishers of
any programs.
``(iii) Panel meetings.--Review panel
meetings shall be open to the public and
minutes shall be made available to the
public.''.
TITLE III--DEFINITION OF RESEARCH-PROVEN PROGRAM
SEC. 301. DEFINITION OF RESEARCH-PROVEN PROGRAM.
Section 9101 Note: This is the correct section reference, not 1901.
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)
is amended--
(1) by redesignating paragraphs (37) through (43) as
paragraphs (38) through (44), respectively; and
(2) by inserting after section (36) the following:
``(37) Research-proven program.--
``(A) In general.--The term `research-proven
program' means a program that is determined to be a
qualified program pursuant to subparagraph (B) and that
is evaluated in not less than 2 studies, both of which
studies meet the following minimum criteria:
``(i) The program was compared to a control
group using alternative or traditional methods.
``(ii) The study duration was not less than
12 weeks.
``(iii) Program and control schools were
equivalent at pretest in achievement (within
0.5 standard deviations). Analyses of posttest
differences are adjusted for pretest
differences.
``(iv) The posttest measures used to
compare program and control groups is a valid
standardized or criterion-referenced test, such
as a State accountability test, and is not
inherent to the program. For example, tests
made by the program authors, or tests of
content not studied by control students, do not
qualify.
``(v) The sample size of each study is not
less than 5 classes or 125 students per
treatment (10 classes or 250 students overall).
Multiple smaller studies may be combined to
reach this sample size collectively.
``(vi) The median difference between
program and control students across all
qualifying studies is not less than 20 percent
of student-level standard deviation, in favor
of the program students.
``(B) Review.--
``(i) In general.--The Department shall
constitute a review panel to review scientific
reviews of program evaluations and determine
which programs qualify as research-proven
programs.
``(ii) Panel members.--Panel members shall
have expertise in scientific research review
but may not have financial or personal
connection with the authors or publishers of
any programs.
``(iii) Panel meetings.--Panel meetings
shall be open to the public and minutes shall
be made available to the public.''. | Proven Programs for the Future of Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to provide that in all competitive grants awarded by the Department of Education to states or local educational agencies (LEAs) or by states to LEAs under the Act, 10% of the competitive preference points may be awarded to states and LEAs that propose to use research-proven programs, if appropriate.
Requires reading instruction under the Reading First program to be research-proven or, at a minimum, meet the current requirement that it be scientifically-based.
Defines "research-proven reading programs" as those that are deemed to be such programs by a Department of Education review panel and are evaluated in at least two studies, both of which meet specified minimum criteria that require the use of control groups. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parents as First Teachers Act of
1997''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds the following:
(1) New scientific research shows that experiences in the
first 3 years of life have a dramatic impact on brain
development.
(2) Experiences in the earliest years of a child's life are
critical to their cognitive, emotional, and physical
development.
(3) Nurturing and stimulating children in the first years
of life prepare them for the challenges of school and later
life.
(4) According to a Carnegie Corporation publication
entitled ``Years of Promise: A Comprehensive Strategy for
America's Children,'' kindergarten teachers estimate that 1 out
of every 3 children enters the classroom unprepared to meet the
challenges of kindergarten.
(5) Children who receive high quality child care services
are less likely to need special education, be retained a grade,
or engage in juvenile delinquency or other antisocial behavior
as they grow up.
(6) According to ``The State of America's Children,
Yearbook 1997,'' published by the Children's Defense Fund,
approximately 7,700,000 children less than 5 years of age are
being cared for by someone other than their parents while their
mothers work.
(7) Documented in the 1997 edition of ``Key Facts About
Child Care and Early Education: A Briefing Book,'' also
published by the Children's Defense Fund, is the fact that 60
percent of mothers with children less than 6 years of age, and
52 percent of mothers with children less than 1 year of age,
are working outside the home.
(8) Demand for child care services in low-income
communities will rise dramatically through 2002 as a result of
the enactment of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193).
(b) Purposes.--The purposes of this Act are--
(1) to provide financial assistance to train, to support,
and to place as early childhood teaching professionals, parents
in families that receive assistance under State programs funded
under part A of title IV of the Social Security Act,
(2) to increase nationwide the number of qualified
individuals who provide early childhood education,
(3) to reduce dependency on assistance under State programs
funded under part A of title IV of the Social Security Act, and
(4) to increase the number of children who receive high
quality child care services.
SEC. 3. AUTHORITY TO MAKE GRANTS.
The Secretary of Health and Human Services may make grants to
eligible counties to carry out programs--
(1) to provide to parents in families that receive
assistance under State programs funded under part A of title IV
of the Social Security Act, training relating to early
childhood development and education for the purpose of
preparing such parents for obtaining employment as caregivers
of high quality child care services, and
(2) to provide supportive services and job placement
services to such parents necessary for their participation in
such training and their obtaining such employment at the
completion of such training.
SEC. 4. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 3, a county shall
submit to the Secretary an application that contains all of the
following:
(1) An assurance that the county has established an
administrative committee that will administer such program and
that includes at least--
(A) 1 representative of a county agency that has
responsibility for the development of the local work
force,
(B) 1 representative of a county agency that has
responsibility for providing human services to
residents of the county,
(C) 1 representative of a county agency that has
responsibility for providing training and employment
services to such residents,
(D) 1 representative of a county agency that has
supervisory responsibility for public education
provided by the county,
(E) 1 representative of an institution of higher
education that will provide educational services
through the program for which such grant is requested,
and
(F) 1 representative of a center-based child care
provider that will participate in such program.
(2) Information on the identities and qualifications of the
members of such committee and on how such committee will
administer such program.
(3) A plan that--
(A) contains information describing how parents in
families that receive assistance under State programs
funded under part A of title IV of the Social Security
Act will be selected to participate in such program,
(B) identifies the institutions of higher education
that will provide educational services and training
through such program and specifies with respect to each
of such institutions, the course requirements that must
be satisfied to complete the education program or
training program to be provided,
(C) describes the supportive services that will be
provided, directly or indirectly, by the county for the
benefit of such families to permit such parents to
participate in such program, and
(D) contains a plan for the job placement of, and
follow-up services for a post-employment period not to
exceed 13 weeks for, such parents who complete the
participation requirements established in such program.
(4) An assurance that such program will provide to
participating parents in families that receive assistance under
State programs funded under part A of title IV of the Social
Security Act--
(A) not less than 228 hours of classroom
instruction, and
(B) not less than 200 hours of clinical training,
of which not less than 63 hours shall consist of
experience as a caregiver on the business premises of a
center-based child care provider.
(5) Assurance that such grant will be used only--
(A) to provide education and training services,
supportive services, job placement services, and post-
employment follow-up services that satisfy the
requirements of such plan,
(B) at the option of the county, to pay
compensation for the services of an individual employed
by the county to manage the implementation of such plan
and the operation of such program, and
(C) to pay costs incurred by participants in such
program to comply with health and safety requirements
(including fingerprinting and medical testing)
applicable to caregivers employed by center-based child
care providers.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``caregiver'' means an individual who provides
service directly to a child on a person-to-person basis,
(2) the term ``child'' means an individual who is less than
the age of compulsory school attendance,
(3) the term ``county'' means--
(A) a county of a State or a parish in the case of
the State of Louisiana, or
(B) the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, or the Virgin Islands of
the United States,
(4) the term ``follow-up services'' means services designed
to assist individuals to successfully perform their job
requirements as a caregiver of high quality child care services
during their first employment obtained after their completion
of the training received in a program carried out under this
section by a county.
(5) the term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)),
(6) the term ``State'' means any of the several States, and
(7) the term ``supportive services'' includes child care
services for children less than 13 years of age and
transportation.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for fiscal years 1999, 2000, 2001, 2002, and 2003 to carry
out this Act. | Parents as First Teachers Act of 1997 - Authorizes the Secretary of Health and Human Services to make grants to eligible counties to carry out programs to provide: (1) early childhood development and education training to parents in families that receive assistance under State programs funded under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act, for the purpose of preparing such parents to obtain employment as caregivers of high quality child care services; and (2) supportive services and job placement services to such parents necessary for their participation in such training and their obtaining such employment at the completion of such training. Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microloan Modernization Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``intermediary'' has the meaning given that
term in section 7(m)(11) of the Small Business Act (15 U.S.C.
636(m)(11)); and
(2) the term ``microloan program'' means the program
established under section 7(m) of the Small Business Act (15
U.S.C. 636(m)).
SEC. 3. MICROLOAN INTERMEDIARY LENDING LIMIT INCREASED.
Section 7(m)(3)(C) of the Small Business Act (15 U.S.C.
636(m)(3)(C)) is amended by striking ``$5,000,000'' and inserting
``$6,000,000''.
SEC. 4. WAIVERS OF 25/75 RULE.
Section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) is amended by adding at the end the following:
``(iii) Waiver.--
``(I) In general.--The
Administrator shall by rule, after a
notice and comment period of not less
than 60 days, establish a process by
which an intermediary may apply for and
the Administrator may grant a waiver
from the requirements of clause (i).
``(II) Contents.--The rule required
under subclause (I) shall--
``(aa) require any
applicant for a waiver to--
``(AA) specify how
the applicant will use
the additional
technical assistance;
and
``(BB) provide
assurance, in a form
provided for by the
Administrator in the
rule, that the
intermediary will have
sufficient funds to
provide technical
assistance to all
borrowers of the
intermediary; and
``(bb) incorporate any
delegation of the authority of
the Administrator to approve
waivers to any appropriate
subsidiary official.''.
SEC. 5. LINES OF CREDIT AUTHORIZED.
Section 7(m)(6)(A) of the Small Business Act (15 U.S.C.
636(m)(6)(A)) is amended by inserting ``(including lines of credit)''
after ``short-term''.
SEC. 6. EXTENDED REPAYMENT TERMS.
Section 7(m)(6) of the Small Business Act (15 U.S.C. 636(m)(6)) is
amended by adding at the end the following:.
``(F) Repayment terms for loans to small
businesses.--The Administrator may not impose
limitations on the term for repayment of a loan made by
an intermediary to a small business concern or
entrepreneur, except that--
``(i) in the case of a loan made by an
intermediary of not more than $10,000, the
repayment term shall be not more than 6 years;
and
``(ii) in the case of a loan made by an
intermediary of more than $10,000, the
repayment term shall be not more than 10
years.''.
SEC. 7. GAO STUDY OF MICROENTERPRISE PARTICIPATION.
Not later than 120 days after the date of enactment of this Act,
the Comptroller General of the United States shall conduct a study and
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 on--
(1) the operations (including services provided, structure,
size, and area of operation) of a representative sample of--
(A) intermediaries that are eligible to participate
in the microloan program and that do participate; and
(B) intermediaries (including those operated for
profit, operated as non-profits, and those affiliated
with a United States institution of higher learning)
that are eligible to participate in the microloan
program and that do not participate;
(2) the reasons why intermediaries described in paragraph
(1)(B) choose not to participate in the microloan program;
(3) recommendations on how to encourage increased
participation in the microloan program by intermediaries
described in paragraph (1)(B); and
(4) recommendations on how to decrease the costs associated
with participation in the microloan program for eligible
intermediaries. | . Microloan Modernization Act of 2015 (Sec. 2) This bill amends the Small Business Act with respect to the rule under the Small Business Administration (SBA) Microloan Program (assisting low-income individuals to start and operate a small business) that permits SBA-designated microloan intermediary lenders to expend up to 25% of the grant funds they receive from the SBA to provide information and technical assistance to small business concerns that are their prospective borrowers. (Sec. 3) The total amount of loans outstanding and committed to any particular intermediary (excluding outstanding grants) from the SBA business loan and investment fund is increased from $5 million to $6 million for the remaining years of the intermediary's participation in the program. (Sec. 4) The SBA must establish a process by which these microloan intermediaries may apply for, and the SBA may grant, a waiver of this 25/75 allocation. This rule shall require any waiver applicant to: specify how it will use the additional technical assistance, and make assurances that the intermediary will have sufficient funds to provide technical assistance to all of the intermediary's borrowers. (Sec. 5) An eligible intermediary may include lines of credit among the short-term, fixed rate loans it makes to startup, newly established, and growing small business concerns from SBA funds made available to the intermediary for working capital and the acquisition of materials, supplies, furniture, fixtures, and equipment. (Sec. 6) The SBA may not impose limitations on the repayment term of a loan by an intermediary to a small business or entrepreneur. This repayment term, however, may not exceed: 6 years for a loan of $10,000 or less, or 10 years for a loan greater than $10,000. (Sec. 7) The Government Accountability Office shall: compare the operations of a representative sample of eligible intermediaries that participate in the microloan program and of eligible intermediaries that do not, study the reasons why the latter do not participate, recommend how to encourage increased participation by intermediaries in the microloan program, and recommend how to decrease the associated costs for intermediary participation. | billsum_train |
Summarize the following text: TITLE I--BOOT CAMP GRANTS
SEC. 101. GRANT AUTHORIZATION.
(a) In General.--The Director of the Bureau of Justice Assistance
(referred to in this title as the ``Director'') may make grants
available to States, for use by States and units of local government in
the States, for the purpose of establishing boot camp prisons.
(b) Priority.--Priority shall be given to applications from States
which will use funds to establish a boot camp prison by utilizing
surplus property of the Federal Government, including military bases
that are no longer in use.
SEC. 102. ELIGIBILITY.
(a) Eligibility.--To be eligible for Federal funding, a boot camp
prison operated by a State shall provide--
(1) an organized program of manual labor and discipline
designed to build character, instill a sense of maturity,
promote a positive self-image for offenders and foster a sense
of respect for authority;
(2) training or vocational education which provides inmates
with the tools necessary to confront life tasks in a
responsible manner and to find employment after release;
(3) treatment and counseling to all inmates who are
addicted to drugs or alcohol;
(4) a corrective, therapeutic environment designed to help
modify the offender's criminal thought and behavioral patterns
so that offenders are less likely to reoffend and more likely
to behave purposefully and productively as responsible
citizens;
(5) an agreement that specifies procedures to ensure that
boot camp prison inmates are in compliance with the
requirements of the boot camp and that inmates in noncompliance
are resentenced by the court to traditional prisons; and
(6) a community adjustment phase that begins after an
inmate has successfully completed a boot camp prison term which
includes the obligations and restrictions of special or normal
probation or parole, substance abuse treatment, and other
special conditions as needed or ordered by a sentencing judge.
SEC. 103. APPLICATIONS.
(a) In General.--(1) To request a grant under this title, the chief
executive of a State shall submit an application to the Director in
such form and containing such information as the Director may
reasonably require.
(2) Such application shall include assurances that Federal funds
received under this title shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for activities
funded under this title.
(b) State Office.--The office designated under section 507 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3757)--
(1) shall prepare the application as required by the
Director; and
(2) shall administer grant funds received under this title,
including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
SEC. 104. REVIEW OF STATE APPLICATIONS.
(a) In General.--The Bureau shall make a grant under this title to
carry out the projects described in the application submitted by such
applicant under section 103 upon determining that--
(1) the application is consistent with the requirements of
this section; and
(2) before the approval of the application, the Bureau has
made an affirmative finding in writing that the proposed
project has been reviewed in accordance with this title.
(b) Approval.--Each application submitted under section 103 shall
be considered approved, in whole or in part, by the Bureau not later
than 45 days after first received unless the Bureau informs the
applicant of specific reasons for disapproval.
SEC. 105. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) Demonstration Projects.--Of the total amount of funds made
available under this title, the Director may use not more than 5
percent of such funds for demonstration projects that are of national
significance.
(b) State Distribution.--Of the funds remaining after the
distribution under subsection (a), there shall be allocated to each of
the participating States an amount which bears the same ratio to the
amount of funds made available under this title as the number of
offenders (eligible for boot camp placement) of such State bears to the
number of eligible offenders in all the participating States.
(c) Federal Share.--The Federal share of a grant made under this
title may not exceed 75 percent of the total costs of establishing and
maintaining the boot camp described in the application submitted under
section 103(a) for the fiscal year for which the boot camp receives
Federal assistance.
(d) Unused Funds.--If the Director determines, on the basis of
information available during any fiscal year, that a portion of the
funds allocated to a State for such fiscal year will not be used, the
Director shall have discretion to award such remaining funds to other
participating States for projects related to the establishment,
evaluation, or effectiveness of prison boot camps.
SEC. 106. EVALUATION.
Each State that receives a grant under this title shall submit to
the Director an evaluation not later than March 1 of each year in
accordance with guidelines issued by the Director and in consultation
with the National Institute of Justice. Such evaluations must include a
report on the rates of recidivism among boot camp participants as well
as an analysis of the boot camp's effectiveness within the entire
prison system of a State.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $500,000,000 for each of
the fiscal years 1994, 1995, and 1996 to carry out this title.
TITLE II--BOOT CAMP OPTION FOR NONVIOLENT DRUG OFFENDERS
SEC. 201. SPECIAL SENTENCING RULE FOR CERTAIN CASES.
Section 404 of the Controlled Substances Act (21 U.S.C. 844) is
amended by adding at the end the following:
``special sentencing rule for certain cases
``(d) Notwithstanding any other provision of law, in the case of a
defendant who is convicted of an offense under this section that did
not involve violence, the court may sentence that defendant to
incarceration in an intensive confinement center (commonly called a
boot camp prison), and any mandatory minimum sentence of imprisonment
otherwise required by this section shall not apply. However, at any
time during that incarceration, the appropriate authorities at the
intensive confinement center may inform the court that the defendant is
in substantial noncompliance with the requirements of the center, and
the court may resentence the defendant to a term that is not less than
the sentence required without regard to this subsection.''. | TABLE OF CONTENTS:
Title I: Boot Camp Grants
Title II: Boot Camp Option for Nonviolent Drug Offenders
Title I: Boot Camp Grants
- Authorizes the Director of the Bureau of Justice Assistance to make grants to States for establishing boot camp prisons, with priority given to applications to establish such prisons by utilizing surplus Federal property (including military bases that are no longer in use).
Conditions grant eligibility on a prison providing: (1) an organized program of manual labor and discipline designed to build character, instill a sense of maturity, promote a positive self-image for offenders, and foster respect for authority; (2) training or vocational education; (3) treatment and counseling to all inmates who are addicted to drugs or alcohol; (4) a corrective therapeutic environment; (5) an agreement that specifies procedures to ensure compliance with boot camp requirements and resentencing by the court to traditional prisons for noncompliance; and (6) a community adjustment phase that begins after an inmate has successfully completed a boot camp prison term which includes specified restrictions.
Sets forth provisions regarding: (1) application requirements; (2) review of State applications; (3) allocation and distribution of funds; and (4) evaluation (including reports on recidivism rates among participants). Authorizes appropriations.
Title II: Boot Camp Option for Nonviolent Drug Offenders
- Amends the Controlled Substances Act to authorize the court, in the case of a defendant who is convicted of simple possession of a controlled substance that did not involve violence, to sentence the defendant to incarceration in an intensive confinement center (i.e., a boot camp prison) and make any mandatory minimum sentence of imprisonment otherwise required inapplicable (with provision for resentencing the defendant to a term not less than the sentence otherwise required if the defendant is in substantial noncompliance with the requirements of the center). | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers Mental Health Care
Commission Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since October 2001, approximately 1,640,000 members of
the Armed Forces have been deployed as part of Operation
Enduring Freedom or Operation Iraqi Freedom.
(2) 300,000 members of the Armed Forces are suffering from
major depression or post traumatic stress because of service in
Operation Enduring Freedom or Operation Iraqi Freedom.
(3) 320,000 of the members of the Armed Forces who served
in Operation Enduring Freedom or Operation Iraqi Freedom, or 19
percent of such members, have received brain injuries from such
service.
(4) Only 43 percent of members of the Armed Forces with a
probable traumatic brain injury have reported receiving a
medical evaluation for their head injury.
(5) Records of the Department of Veterans Affairs show that
120,000 members of the Armed Forces who are no longer on active
duty have been diagnosed with mental health problems,
approximately half of whom suffer from post traumatic stress
disorder (PTSD).
(6) In the last year, only 53 percent of those members of
the Armed Forces with post traumatic stress disorder or
depression have sought professional help from a mental health
care provider.
(7) Rates of post traumatic stress disorder and depression
are highest among members of the Armed Forces who are women or
members of the Reserves.
(8) Efforts to improve access to quality mental health care
are integral to supporting and treating both active duty
members of the Armed Forces and veterans.
(9) Without quality mental health care, members of the
Armed Forces and veterans may experience lower work
productivity, which negatively affects their physical health,
mental health, and family and social relationships.
(10) Cultural and personal stigmas are factors that
contribute to low rates of veterans of Operation Enduring
Freedom and Operation Iraqi Freedom who seek mental health care
from qualified mental health care providers.
(11) The capacity of mental health care providers and
access to such providers must be improved to meet the needs of
members of the Armed Forces who are returning from deployment
in Operation Enduring Freedom or Operation Iraqi Freedom.
(12) Community-based providers of mental health care are
invaluable assets in addressing the needs of such members and
should not be overlooked.
(13) Coordination of care among government agencies as well
as nongovernmental agencies is integral to the successful
treatment of members of the Armed Forces returning from
deployment.
SEC. 3. COMMISSION ON VETERANS AND MEMBERS OF THE ARMED FORCES WITH
POST TRAUMATIC STRESS DISORDER, TRAUMATIC BRAIN INJURY,
OR OTHER MENTAL HEALTH DISORDERS CAUSED BY SERVICE IN THE
ARMED FORCES.
(a) Establishment of Commission.--There is established a commission
on veterans and members of the Armed Forces with post traumatic stress
disorder, traumatic brain injury, or other mental health disorders
caused by service in the Armed Forces.
(b) Membership.--
(1) In general.--The commission shall be composed of a
chair and 11 other members who shall be appointed jointly by
the Secretary of Veterans Affairs and the Secretary of Defense.
(2) Membership.--The membership of the commission under
paragraph (1) shall include at least one of each of the
following:
(A) Members of the Armed Forces on active duty.
(B) Veterans who are retired from the Armed Forces.
(C) Employees of the Department of Veterans
Affairs.
(D) Employees of the Department of Defense.
(E) Recognized medical or scientific authorities in
fields relevant to the commission, including psychiatry
and medical care.
(F) Mental health professionals who are not
physicians.
(G) Veterans who have undergone treatment for post
traumatic stress disorder, traumatic brain injury, or
other mental health disorders.
(3) Consideration of recommendations.--In appointing
members of the commission, the Secretary of Veterans Affairs
and the Secretary of Defense shall consult with nongovernmental
organizations that represent veterans, members of the Armed
Forces, and families of such veterans and members.
(c) Duties.--
(1) In general.--The commission shall--
(A) oversee the monitoring and treatment of
veterans and members of the Armed Forces with post
traumatic stress disorder, traumatic brain injury, and
other mental health disorders caused by service in the
Armed Forces; and
(B) conduct a thorough study of all matters
relating to the long-term adverse consequences of such
disorders for such veterans and members, including an
analysis of--
(i) the information gathered from
rescreening data obtained from post deployment
interviews;
(ii) treatments that have been shown to be
effective in the treatment of post traumatic
stress disorder, traumatic brain injury, or
other mental health disorders caused by service
in the Armed Forces;
(iii) the effects on the military career of
members of the Armed Forces of seeking mental
health counseling or care, including effects on
duty assignments and promotion potential; and
(iv) the continuity and effectiveness of
mental health care provided individuals during
their transition from receipt of care and
services through the Department of Defense to
receipt of care and services through the
Department of Veterans Affairs.
(2) Recommendations.--The commission shall develop
recommendations on the development of initiatives--
(A) to mitigate the adverse consequences studied
under paragraph (1)(B); and
(B) to reduce cultural and professional stigmas
associated with treatment of post traumatic stress
disorder, traumatic brain injury, or other mental
health disorders of veterans and members of the Armed
Forces.
(3) Annual reports.--Not later than September 30 each year,
the commission shall submit to the appropriate committees of
Congress a report containing the following:
(A) A detailed statement of the findings and
conclusions of the commission as a result of its
activities under paragraph (1).
(B) The recommendations of the commission developed
under paragraph (2).
(d) Powers of the Commission.--
(1) Site visits.--The commission may visit locations where
veterans and members of the Armed Forces with post traumatic
stress disorder, traumatic brain injury, or other mental health
disorders caused by service in the Armed Forces receive
treatment for such disorders to carry out the oversight and
monitoring required by subsection (c)(1)(A).
(2) Information from federal agencies.--The commission may
secure directly from any Federal department or agency such
information as the commission considers necessary to carry out
the provisions of this Act. Upon request of the chair of the
commission, the head of such department or agency shall furnish
such information to the commission.
(3) Solicitation of testimony.--The commission may request
testimony from members of the Armed Forces, veterans,
caregivers, and other sources in a manner intended not to
interfere with the career development of the individual
providing such testimony.
(e) Termination.--The commission shall be terminated jointly by the
Secretary of Veterans Affairs and the Secretary of Defense, at the
joint discretion of the Secretaries.
(f) Authorization of Appropriations.--
(1) Fiscal year 2010.--There is authorized to be
appropriated for fiscal year 2010 to carry out this section,
$1,000,000.
(2) Subsequent fiscal years.--There is authorized to be
appropriated for each fiscal year after fiscal year 2010 such
sums as may be necessary to carry out this section in such
fiscal year.
(g) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives. | Servicemembers Mental Health Care Commission Act - Establishes a commission on veterans and members of the Armed Forces (members) with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or other mental health disorders caused by military service. Requires the commission to: (1) oversee the monitoring and treatment of veterans and members with such disorders; and (2) conduct a study of the long-term adverse consequences of such disorders for such veterans and members. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Gas Tax Credit Act
of 2008''.
SEC. 2. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES
FOR NONBUSINESS PURPOSES.
(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 adding after section 25D the following
new section:
``SEC. 25E. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY
VEHICLES FOR NONBUSINESS PURPOSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the aggregate qualified taxable
fuel expenditures made by the taxpayer during such year.
``(b) Limitation.--The credit allowed under subsection (a) for a
taxable year shall not exceed $500 ($1,000 in the case of a joint
return).
``(c) Qualified Taxable Fuel Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified taxable fuel
expenditures' means amounts paid for a taxable fuel (as defined
by section 4083(a) (without regard to paragraph (1)(C) thereof)
for a nonbusiness use in a highway vehicle.
``(2) Exception.--Such term does not include amounts paid
for any fuel with respect to which a credit is allowed under
section 34 or a refund allowed under section 6420, 6421, or
6427.
``(d) Limitation Based on Modified Adjusted Gross Income.--The
amount which would (but for this subsection) be taken into account
under subsection (a) for the taxable year shall be reduced (but not
below zero) by 5 percent of so much of the taxpayer's adjusted gross
income as exceeds $75,000 ($150,000 in the case of a joint return).
``(e) Rate of Increase in Price of a Gallon of Gasoline Must Exceed
Rate of Inflation by Not Less Than 300 Percent.--
``(1) General rule.--Subsection (a) shall not apply for any
taxable year unless the Secretary determines that the
percentage change in the price of a gallon of gasoline for the
taxable year is not less than 300 percent of the change in the
inflation rate for such taxable year.
``(2) Percentage change in the price of a gallon of
gasoline.--For purposes of paragraph (1), the percentage change
in the price of a gallon of gasoline for a taxable year is the
percentage (if any) by which--
``(A) the average price of a gallon of gasoline as
of the close of the taxable year, exceeds
``(B) the average price of a gallon gasoline as of
the beginning of the taxable year.
``(3) Inflation rate.--For purposes of paragraph (1), the
inflation rate for the determination period is the percentage
(if any) by which--
``(A) the average of the Consumer Price Index as of
the close of the taxable year, exceeds
``(B) the average of the Consumer Price Index as of
the beginning of the taxable year.
``(4) Price of a gallon of gasoline.--For purposes of this
subsection, the price of a gallon of gasoline shall be as
determined under the U.S. Regular All Formulations Retail
Gasoline Prices by the Energy Information Administration of the
Department of Energy.
``(5) Consumer price index.--For the purposes of this
subsection, the term `Consumer Price Index' means the last
Consumer Price Index for all-urban consumers published by the
Department of Labor. For purposes of the preceding sentence,
the revision of the Consumer Price Index which is most
consistent with the Consumer Price Index for calendar year 1986
shall be used.
``(f) Adjustments for Inflation.--In the case of a taxable year
beginning after December 31, 2008, each of the dollar amounts in
subsection (b) and (d) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B) thereof. If any amount
as increased under the preceding sentence is not a multiple of
$50, such amount shall be rounded to the nearest multiple of
$50.
If, in the case of any amount in subsection (b) as increased under the
preceding sentence, is not a multiple of $10, such amount shall be
rounded to the nearest multiple of $10, and if, in the case of any
amount in subsection (d) as increased under the preceding sentence, is
not a multiple of $100, such amount shall be rounded to the nearest
multiple of $100.
``(g) Guidance.--Not later than January 31 of each year, the
Secretary shall promulgate such guidance as may be necessary or
appropriate to carry out the provisions of this section with respect to
the preceding taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
such part IV is amended by inserting after the item relating to section
25D the following new item:
``Sec. 25E. Credit for gasoline and diesel fuel used in highway
vehicles for nonbusiness purposes.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Working Families Gas Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for up to $500 ($1,000 in the case of a joint return) of the cost of gasoline and diesel used in highway vehicles for a nonbusiness purpose when the increase in the price of a gallon of gasoline exceeds the annual inflation rate by not less than 300%. Phases out the amount of such credit for taxpayers with adjusted gross incomes exceeding $75,000 ($150,000 in the case of a joint return). | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Protection Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
The Congress finds and declares that--
(1) the willingness of volunteers to offer their services
is deterred by the potential for liability actions against them
and the organizations they serve;
(2) as a result, many nonprofit public and private
organizations and governmental entities, including voluntary
associations, social service agencies, educational
institutions, and other civic programs, have been adversely
affected by the withdrawal of volunteers from boards of
directors and service in other capacities;
(3) the contribution of these programs to their communities
is thereby diminished, resulting in fewer and higher cost
programs than would be obtainable if volunteers were
participating;
(4) because Federal funds are expended on useful and cost-
effective social service programs, many of which are national
in scope, depend heavily on volunteer participation, and
represent some of the most successful public-private
partnerships, protection of volunteerism through clarification
and limitation of the personal liability risks assumed by the
volunteer in connection with such participation is an
appropriate subject for Federal legislation;
(5) services and goods provided by volunteers and nonprofit
organizations would often otherwise be provided by private
entities that operate in interstate commerce;
(6) due to high liability costs and unwarranted litigation
costs, volunteers and nonprofit organizations face higher costs
in purchasing insurance, through interstate insurance markets,
to cover their activities; and
(7) reform efforts should respect the role of the States in
the development of civil justice rules, but recognize the
national Government's role.
(b) Purpose.--The purpose of this Act is to promote the interests
of social service program beneficiaries and taxpayers and to sustain
the availability of programs, nonprofit organizations, and governmental
entities that depend on volunteer contributions by reforming the laws
to provide certain protections from liability abuses related to
volunteers serving nonprofit organizations and governmental entities.
SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--This Act preempts the laws of any State to the
extent that such laws are inconsistent with this Act, except that this
Act shall not preempt any State law that provides additional protection
from liability relating to--
(1) volunteers or to any category of volunteers in the
performance of services for a nonprofit organization or
governmental entity; and
(2) nonprofit organizations or governmental entities.
(b) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a volunteer,
nonprofit organization, or governmental entity in which all parties are
citizens of the State if such State enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provisions.
SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.
(a) Liability Protection for Volunteers.--Except as provided in
subsections (b) and (d), no volunteer of a nonprofit organization or
governmental entity shall be liable for harm caused by an act or
omission of the volunteer on behalf of the organization or entity if--
(1) the volunteer was acting within the scope of the
volunteer's responsibilities in the nonprofit organization or
governmental entity at the time of the act or omission;
(2) if appropriate or required, the volunteer was properly
licensed, certified, or authorized by the appropriate
authorities for the activities or practice in the State in
which the harm occurred, where the activities were or practice
was undertaken within the scope of the volunteer's
responsibilities in the nonprofit organization or governmental
entity; and
(3) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the volunteer.
(b) Concerning Responsibility of Volunteers to Organizations and
Entities.--Nothing in this section shall be construed to affect any
civil action brought by any nonprofit organization or any governmental
entity against any volunteer of such organization or entity.
(c) No Effect on Liability of Organization or Entity.--Except as
provided under subsection (e), nothing in this section shall be
construed to affect the liability of any nonprofit organization or
governmental entity with respect to harm caused to any person.
(d) Exceptions to Volunteer Liability Protection.--If the laws of a
State limit volunteer liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a nonprofit organization or
governmental entity to adhere to risk management procedures,
including mandatory training of volunteers.
(2) A State law that makes the organization or entity
liable for the acts or omissions of its volunteers to the same
extent as an employer is liable for the acts or omissions of
its employees.
(3) A State law that makes a limitation of liability
inapplicable if the volunteer was operating a motor vehicle,
vessel, aircraft, or other vehicle for which the State requires
the operator or vehicle owner to possess an operator's license
or to maintain insurance.
(4) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
(5) A State law that makes a limitation of liability
applicable only if the nonprofit organization or governmental
entity provides a financially secure source of recovery for
individuals who suffer harm as a result of actions taken by a
volunteer on behalf of the organization or entity. A
financially secure source of recovery may be an insurance
policy within specified limits, comparable coverage from a risk
pooling mechanism, equivalent assets, or alternative
arrangements that satisfy the State that the organization or
entity will be able to pay for losses up to a specified amount.
Separate standards for different types of liability exposure
may be specified.
(e) Limitation on Punitive Damages of Volunteers, Nonprofit
Organizations, and Governmental Entities.--
(1) General rule.--Punitive damages may not be awarded
against a volunteer, nonprofit organization, or governmental
entity in an action brought for harm because of the action of a
volunteer acting within the scope of the volunteer's
responsibilities to a nonprofit organization or governmental
entity unless the claimant establishes by clear and convincing
evidence that the harm was proximately caused by an action of
such volunteer which constitutes willful or criminal
misconduct, or a conscious, flagrant indifference to the rights
or safety of the individual harmed.
(2) Construction.--Paragraph (1) does not create a cause of
action for punitive damages and does not preempt or supersede
any State law to the extent that such law would further limit
the award of punitive damages.
(f) Exceptions to Limitations on Liability.--The limitations on the
liability of a volunteer, nonprofit organization, or governmental
entity under this section shall not apply to any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court;
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law; or
(5) where the defendant was under the influence (as
determined pursuant to applicable State law) of intoxicating
alcohol or any drug at the time of the misconduct.
SEC. 5. LIABILITY FOR NONECONOMIC LOSS.
(a) General Rule.--In any civil action against a volunteer,
nonprofit organization, or governmental entity based on an action of a
volunteer acting within the scope of the volunteer's responsibilities
to a nonprofit organization or governmental entity, the liability of
each defendant who is a volunteer, nonprofit organization, or
governmental entity for noneconomic loss shall be determined in
accordance with subsection (b).
(b) Amount of Liability.--
(1) In general.--Each defendant shall be liable only for
the amount of noneconomic loss allocated to the defendant in
direct proportion to the percentage of responsibility of the
defendant (determined in accordance with paragraph (2)) for the
harm to the claimant with respect to which the defendant is
liable. The court shall render a separate judgment against each
defendant in an amount determined pursuant to the preceding
sentence.
(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant under this section, the trier of fact shall determine
the percentage of responsibility of each person responsible for
the claimant's harm, whether or not such person is a party to
the action.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation and all other
nonpecuniary losses of any kind or nature.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(6) Volunteer.--The term ``volunteer'' means an individual
performing services for a nonprofit organization or a
governmental entity who does not receive--
(A) compensation (other than reimbursement or
allowance for expenses actually incurred); or
(B) any other thing of value in lieu of
compensation,
in excess of $500 per year, and such term includes a volunteer
serving as a director, officer, trustee, or direct service
volunteer.
SEC. 7. EFFECTIVE DATE.
(a) In General.--This Act shall take effect 90 days after the date
of enactment of this Act.
(b) Application.--This Act applies to any claim for harm caused by
an act or omission of a volunteer where that claim is filed on or after
the effective date of this Act, without regard to whether the harm that
is the subject of the claim or the conduct that caused the harm
occurred before such effective date. | Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers, nonprofit organizations, or governmental entities.
Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) if appropriate or required, the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; and (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
Prohibits the award of punitive damages against a volunteer, organization, or entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides exceptions.
Makes each volunteer, organization, or entity liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which the defendant is liable. Requires the trier of fact to determine such percentage of responsibility. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Patient Right To
Know Act of 1996''.
(b) Findings.--Congress finds the following:
(1) Patients cannot make appropriate health care decisions
without access to all relevant information relating to those
decisions.
(2) Restrictions on the ability of physicians and other
health care providers to provide full disclosure of all
relevant information to patients making health care decisions
violate the principles of informed consent and the ethical
standards of the health care professions.
(3) Serious concerns have been raised about the use by
health plans of contractual clauses or policies that interfere
with communications between physicians and other health care
providers and their patients and the impact of such clauses and
policies on the quality of care received by those patients.
(4) The offering and operation of health plans affects
commerce among the States, health care providers located in one
State serve patients who reside in other States as well as that
State, and, in order to provide for uniform treatment of health
care providers and patients among the States, it is necessary
to cover health plans operating in one State as well as those
operating among the several States.
SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL
COMMUNICATIONS.
(a) In General.--
(1) Prohibition of contractual provision.--An entity
offering a health plan (as defined in subsection (d)(2)) may
not provide, as part of any contract or agreement with a health
care provider, any restriction on or interference with any
medical communication, as defined in subsection (b).
(2) Prohibition of adverse action.--An entity offering a
health plan may not take any of the following actions against a
health care provider on the basis of a medical communication:
(A) Refusal to contract with the health care
provider.
(B) Termination or refusal to renew a contract with
the health care provider.
(C) Refusal to refer patients to or allow others to
refer patients to the health care provider.
(D) Refusal to compensate the health care provider
for covered services.
(E) Any other retaliatory action against the health
care provider.
(3) Nullification.--Any provision that is prohibited under
paragraph (1) is null and void.
(b) Medical Communication Defined.--In this section, the term
``medical communication''--
(1) means any communication, other than a knowing and
willful misrepresentation, made by the health care provider--
(A) regarding the mental or physical health care
needs or treatment of a patient and the provisions,
terms, or requirements of the health plan or another
health plan relating to such needs or treatment, and
(B) between--
(i) the provider and a current, former, or
prospective patient (or the guardian or legal
representative of a patient),
(ii) the provider and any employee or
representative of the entity offering such
plan, or
(iii) the provider and any employee or
representative of any State or Federal
authority with responsibility for the licensing
or oversight with respect to such entity or
plan; and
(2) includes communications concerning--
(A) any tests, consultations, and treatment
options,
(B) any risks or benefits associated with such
tests, consultations, and options,
(C) variation among any health care providers and
any institutions providing such services in experience,
quality, or outcomes,
(D) the basis or standard for the decision of an
entity offering a health plan to authorize or deny
health care services or benefits,
(E) the process used by such an entity to determine
whether to authorize or deny health care services or
benefits, and
(F) any financial incentives or disincentives
provided by such an entity to a health care provider
that are based on service utilization.
(c) Enforcement Through Imposition of Civil Money Penalty.--
(1) In general.--Any entity that violates paragraph (1) or
(2) of subsection (a) shall be subject to a civil money penalty
of--
(A) up to $25,000 for each violation, or
(B) up to $100,000 for each violation if the
Secretary determines that the entity has engaged,
within the 5 years immediately preceding such
violation, in a pattern of such violations.
(2) Procedures.--The provisions of subsections (c) through
(l) of section 1128A of the Social Security Act (42 U.S.C.
1320a-7a) shall apply to civil money penalties under this
paragraph in the same manner as they apply to a penalty or
proceeding under section 1128A(a) of such Act.
(d) Definitions.--For purposes of this section:
(1) Health care provider.--The term ``health care
provider'' means anyone licensed under State law to provide
health care services.
(2) Health plan.--The term ``health plan'' means any public
or private health plan or arrangement (including an employee
welfare benefit plan) which provides, or pays the cost of,
health benefits, and includes an organization of health care
providers that furnishes health services under a contract or
agreement with such a plan.
(3) Secretary.--The term ``Secretary'' means Secretary of
Health and Human Services.
(4) Coverage of third party administrators.--In the case of
a health plan that is an employee welfare benefit plan (as
defined in section 3(1) of the Employee Retirement Income
Security Act of 1974), any third party administrator or other
person with responsibility for contracts with health care
providers under the plan shall be considered, for purposes of
this section, to be an entity offering such health plan.
(e) Non-Preemption of State Law.--A State may establish or enforce
requirements with respect to the subject matter of this section, but
only if such requirements are more protective of medical communications
than the requirements established under this section.
(f) Construction.--Nothing in this section shall be construed as--
(1) as requiring an entity offering a health plan to enter
into or renew a contract or agreement with any willing health
care provider, or
(2) preventing an entity from acting on information
relating to treatment actually provided to a patient or the
failure of a health care provider to comply with legal
standards relating to the provision of care.
(g) Effective Dates.--
(1) Contracts.--Subsection (a)(1) shall apply to contracts
or agreements entered into or renewed on or after the date of
the enactment of this Act, and to contracts and agreements
entered into before such date as of 30 days after the date of
the enactment of this Act.
(2) Retaliatory actions.--Subsection (a)(2) shall apply to
actions taken on or after the date of the enactment of this
Act, regardless of when the communication on which the action
is based occurred.
(3) Nullification.--Subsection (a)(3) shall apply to
provisions as of the date of the enactment of this Act. | Patient Right To Know Act of 1996 - Prohibits an entity offering a health plan from prohibiting or restricting any medical communication as part of a written contract or agreement with a provider or a written or oral communication to a provider. Defines "medical communication" as being a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's physical or mental condition or treatment options. Mandates civil money penalties. Allows State requirements more protective of medical communications than the requirements of this Act. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Empowerment Act''.
SEC. 2. TAXPAYER EMPOWERMENT FORM.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7524. TAXPAYER EMPOWERMENT FORM.
``(a) In General.--An eligible individual may file by April 15 of
each year with the Secretary a taxpayer empowerment form provided by
the Secretary. The form may be filed with Form 1040, 1040A, or 1040EZ.
``(b) Eligible Individual.--
``(1) In general.--For purposes of this section, the term
`eligible individual' means, with respect to any year, any
individual who is eligible to vote in any Federal election
(determined without regard to registration requirements) by
April 15 of such year.
``(2) Use of state data.--For purposes of determining
eligibility, the Secretary shall use data from the various
States (to the extent such States can provide such data at
minimal cost to the States) concerning the disenfranchisement
of any State resident due to mental incompetency or criminal
record.
``(c) Taxpayer Empowerment Form.--
``(1) In general.--The taxpayer empowerment form shall
include--
``(A) the name, address, and TIN of the eligible
individual,
``(B) a certification statement by such individual
of such individual's eligibility to file such form,
``(C) with respect to the fiscal year ending after
the filing date of the form, a listing of major outlay
categories, and the estimated dollar amount and
percentage of budget authority with respect to each
such category,
``(D) with respect to the fiscal year beginning
after the filing date of the form, an estimate of the
overall percentage reduction in all major outlay
categories necessary to eliminate the Federal budget
deficit ratably over 3 years and over 10 years,
``(E) a request that the eligible individual
allocate a percentage of budget authority for each
major outlay category for the fiscal year beginning
after the filing date of the form (other than the
categories specified in paragraphs (16), (17), (18),
and (19) of subsection (d) which shall reflect the
estimated percentages for such fiscal year), and
``(F) a statement that if the total allocations
under subparagraph (E) are greater than, or lesser
than, 100 percent, the presumption will be made that
the difference represents the individual's desire to
increase, or decrease, total spending by such
difference.
``(2) Estimates with respect to categories.--For purposes
of subparagraphs (C), (D), and (E) of paragraph (1), the dollar
amount and percentage of budget authority for each such
category shall be based on estimates by the Director of the
Office of Management and Budget taking into account the budget
authority for each such category for the fiscal year.
``(3) Limitation on allocation.--Any allocation under
paragraph (1)(E) may not result in--
``(A) an increase or reduction of more than 10
percent in any major outlay category, and
``(B) a shift of more than 10 percentage points
among the various major outlay categories.
``(d) Major Outlay Categories.--For purposes of this section, the
term `major outlay categories' means the following:
``(1) National Defense.
``(2) International Affairs.
``(3) General Science, Space, and Technology.
``(4) Energy.
``(5) Natural Resources and Environment.
``(6) Agriculture.
``(7) Commerce and Housing Credit.
``(8) Transportation.
``(9) Community and Regional Development.
``(10) Education, Training, and Employment.
``(11) Social Services.
``(12) Health, including Medicaid.
``(13) Veterans Benefits and Services.
``(14) Administration of Justice.
``(15) General Government.
``(16) Medicare.
``(17) Social Security.
``(18) Government and Other Pensions, including Veterans.
``(19) Net Interest.
``(e) Secretary's Report.--Not later than October 15 of each year,
if more than 50 percent of all eligible individuals filed a form under
subsection (a) in such year, the Secretary shall--
``(1) compile the budgeting decisions of the people
reflected in such forms; and
``(2) report the averaged allocation (based on the taxpayer
empowerment form) for each major outlay category to the
Committees on the Budget of the House of Representatives and
the Senate and the Director of the Office of Management and
Budget.''.
(b) Conforming Amendments.--Section 7523 of the Internal Revenue
Code of 1986 (relating to graphic presentation of major categories of
Federal outlays and income) is amended--
(1) by striking paragraph (1) of subsection (a) and
inserting the following:
``(1) Major outlay categories.--The term `major outlay
categories' means the following:
``(A) National Defense.
``(B) International Affairs.
``(C) General Science, Space, and Technology.
``(D) Energy.
``(E) Natural Resources and Environment.
``(F) Agriculture.
``(G) Commerce and Housing Credit.
``(H) Transportation.
``(I) Community and Regional Development.
``(J) Education, Training, and Employment.
``(K) Social Services.
``(L) Health, including Medicaid.
``(M) Veterans Benefits and Services.
``(N) Administration of Justice.
``(O) General Government.
``(P) Medicare.
``(Q) Social Security.
``(R) Government and Other Pensions, including
Veterans.
``(S) Net Interest.'', and
(2) by striking paragraph (3) of subsection (b) and
redesignating paragraph (4) of such subsection as paragraph
(3).
(c) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 7524. Taxpayer empowerment
form.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. BUDGET ACT COMPLIANCE WITH THE TAXPAYER EMPOWERMENT.
(a) President's Budget.--Section 1105(f) of title 31, United States
Code, is amended to read as follows:
``(f) The budget transmitted pursuant to subsection (a) for a
fiscal year shall be prepared in a manner consistent with--
``(1) the requirements of the Balanced Budget and Emergency
Deficit Control Act of 1985; and
``(2) the allocations reflected in the taxpayer empowerment
form contained in the report of the Secretary of the Treasury
submitted on November 1 of the year preceding the year in which
the budget is being submitted as required by section 7524(e) of
the Internal Revenue Code of 1986.''.
(b) Congressional Budget.--Section 301(a)(4) of the Congressional
Budget Act of 1974 is amended by striking ``based on'' through the
semicolon and inserting the following: ``based on--
``(A) allocations of the total levels set forth
pursuant to paragraph (1); and
``(B) the allocations reflected in the taxpayer
empowerment form contained in the report of the
Secretary of the Treasury submitted on November 1 of
the year preceding the budget year as required by
section 7524(e) of the Internal Revenue Code of
1986;''. | Taxpayer Empowerment Act - Amends the Internal Revenue Code to allow an eligible individual to file a taxpayer empowerment form by April 15 of each year that specifies the individual's allocation of budget authority for major outlay categories.
Requires the Secretary of the Treasury to compile such budgeting decisions and report to the House and Senate Budget Committees and the Director of the Office of Management and Budget.
Requires the President's budget and the congressional budget to reflect such taxpayer allocations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dr. Martin Luther King, Jr.,
Commemorative Coin Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Dr. Martin Luther King, Jr. dedicated his life to
securing the Nation's fundamental principles of liberty and
justice for all its citizens;
(2) Dr. Martin Luther King, Jr. was the leading civil
rights advocate of his time, spearheading the civil rights
movement in the United States during the 1950's and 1960's;
(3) Dr. Martin Luther King, Jr. was the keynote speaker at
the August 28, 1963, March on Washington, the largest rally of
the civil rights movement, during which, from the steps of the
Lincoln Memorial and before a crowd of more than 200,000
people, he delivered his famous ``I Have A Dream'' speech, one
of the classic orations in American history;
(4) Dr. Martin Luther King, Jr. was a champion of
nonviolence, fervently advocated nonviolent resistance as the
strategy to end segregation and racial discrimination in
America, and was awarded the 1964 Nobel Peace Prize in
recognition of his efforts;
(5) all Americans should commemorate the legacy of Dr.
Martin Luther King, Jr. so ``that one day this Nation will rise
up and live out the true meaning of its creed: `We hold these
truths to be self-evident; that all men are created equal.''';
and
(6) efforts are underway to secure the personal papers of
Dr. Martin Luther King, Jr., for the Library of Congress so
that they may be preserved and studied for generations to come.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $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.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
from all available sources, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the human rights legacy and
leadership of Dr. Martin Luther King, Jr.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2003''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Librarian of Congress, the Commission of Fine Arts, and the
estate of Dr. Martin Luther King, Jr.; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2003.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (c) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 5134(f) of title 31, United States Code, all
surcharges received by the Secretary from the sale of coins issued
under this Act shall be promptly paid by the Secretary to the Library
of Congress for the purposes of purchasing and maintaining historical
documents and other materials associated with the life and legacy of
Dr. Martin Luther King, Jr. | Dr. Martin Luther King, Jr., Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the human rights legacy and leadership of Dr. Martin Luther King, Jr. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``End For-Profit Prisons Act of
2016''.
SEC. 2. ELIMINATION OF CONTRACTING FOR FEDERAL CORRECTIONAL FACILITIES
AND COMMUNITY CONFINEMENT FACILITIES.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4015. No contracting out of Federal prison facilities or
community confinement facilities
``(a) Federal Correctional Facilities Generally.--Beginning on the
date that is 6 years after the date of the enactment of the End For-
Profit Prisons Act of 2016--
``(1) all core correctional services at each correctional
facility which is used by the Bureau of Prisons for the
confinement of persons serving sentences of imprisonment for
Federal offenses shall be performed by employees of the Federal
Government; and
``(2) all core correctional services at each correctional
facility which is used by the United States Marshals Service
for the confinement of persons in the custody of the United
States Marshals Service shall be performed by employees of the
Federal Government, except that the United States Marshals
Service may enter and maintain a contract with a correctional
facility operated by a State or unit of local government if--
``(A) the core correctional services at such
correctional facility are performed by employees of
such State or unit of local government; and
``(B) the facility meets all constitutional,
Federal statutory, United States Marshals Service, and
any applicable State or local standards.
``(b) Federal Community Confinement Facilities.--Beginning on the
date that is 8 years after the date of the enactment of the Justice Not
Profit Act of 2016, the Bureau of Prisons shall not enter into or
maintain any contract with any for-profit party to provide or manage
any community confinement facility.
``(c) Definitions.--In this section:
``(1) The term `community confinement facility' has the
meaning given that term in section 115.5 of title 28, Code of
Federal Regulations.
``(2) The term `core correctional services' means the
housing, safeguarding, protecting, and disciplining of
individuals charged with or convicted of an offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of title 18, United States Code, is amended by adding at
the end the following new item:
``4015. No contracting out of Federal prison facilities or community
confinement facilities.''.
SEC. 3. TRANSITIONAL PROVISIONS.
(a) Federal Correctional Facilities.--The Attorney General shall
take appropriate action to phase out existing Bureau of Prison and
United States Marshals Service contracts which, at the conclusion of
the transition period, will be prohibited under section 4015 of title
18, United States Code.
(b) Federal Community Confinement Facilities.--The Attorney General
shall take appropriate action to phase out existing Bureau of Prison
contracts which, at the conclusion of the transition period, will be
prohibited under section 4015 of title 18, United States Code.
SEC. 4. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and every 2 years thereafter, the Attorney General shall submit to
Congress a report which describes and evaluates the prison population
in the custody of the Bureau of Prisons. The report shall include
information regarding the race, gender, age, and nationality of such
persons, as well as the location of the custody of such persons.
SEC. 5. RESEARCH ON PROGRAMS AND POLICIES THAT REDUCE RECIDIVISM.
(a) In General.--The Attorney General shall conduct research to
evaluate the effectiveness at reducing recidivism of programs operated
by, and policies of community confinement facilities (as such term is
defined in section 4015 of title 18, United States Code), and shall
develop guidelines based on such research for the use of such programs
and policies at community confinement facilities.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, and every 4 years thereafter, the Attorney General shall
submit to Congress a report which describes the results of the research
conducted under subsection (a), the guidelines developed pursuant to
such research, and how such guidelines are being incorporated into any
contract for the provision or management of a community confinement
facility to which the Bureau of Prisons is a party.
SEC. 6. ANNUAL INSPECTION OF CORRECTIONAL FACILITIES USED FOR THE
CONFINEMENT OF PERSONS IN THE CUSTODY OF THE UNITED
STATES MARSHALS SERVICE.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the United States Marshals Service shall
conduct a thorough inspection of each correctional facility which is
used by the United States Marshals Service for the confinement of
persons in the custody of the United States Marshals Service to ensure
that each such facility meets all constitutional, Federal statutory,
United States Marshals Service, and any other applicable standards,
including any State or local standards.
SEC. 7. DUTIES OF THE ATTORNEY GENERAL RELATING TO THE RELEASE OF
FEDERAL PRISONERS.
Section 3624 of title 18, United States Code, is amended by adding
at the end the following:
``(g) Provision of Information and Counseling.--The Attorney
General shall make rules to assure that each prisoner released from
Federal custody upon the expiration of that prisoner's term of
imprisonment for an offense, including a prisoner who resides in a
community confinement facility (as such term is defined in section
4015), receives information and appropriate counseling about each of
the following:
``(1) Any right the prisoner may have to have the
prisoner's criminal record expunged.
``(2) The availability of programs to remove employment
barriers.
``(3) Relevant vocational and educational rehabilitation
programs that are available to the prisoner.
``(4) A detailed record of participation in educational,
employment and treatment programs completed while incarcerated.
``(5) Assistance with applications for the following:
``(A) Programs providing nutritional assistance.
``(B) Medicaid.
``(C) Social Security.
``(D) Driver's license.
``(E) Registering to vote.''.
SEC. 8. DUTIES OF BUREAU OF PRISONS REGARDING RELEASED PRISONERS.
Section 4042 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Requirements With Respect to Released Prisoners.--In carrying
out the duties set forth in subsections (a)(D) and (a)(E), the Bureau
of Prisons shall ensure that each prisoner receives information and
counseling during prerelease procedures regarding each area described
in subsections (a)(D) and (a)(E). In addition, the Bureau shall provide
each released prisoner, including a prisoner who resides in a community
confinement facility (as such term is defined in section 4015), with
information regarding fines, assessments, surcharges, restitution,
other penalties due from the prisoner in connection with the
conviction, which it shall be the duty of the appropriate judicial
officers to provide to the Bureau.''. | End For-Profit Prisons Act of 2016 This bill requires the Department of Justice (DOJ) to phase out existing contracts with private prison companies and private community confinement facilities. It amends the federal criminal code to require federal employees to perform the core correctional services—housing, safeguarding, protecting, and disciplining of offenders—at correctional facilities used by the Bureau of Prisons (BOP) or the U.S. Marshals Service. The bill also prohibits the BOP from entering into or maintaining contracts with private companies to manage community confinement facilities (e.g., halfway houses). DOJ must evaluate the effectiveness of and develop guidelines for recidivism reduction programs at community confinement facilities. The Marshals Service must annually inspect each correctional facility it uses for confinement. The BOP must provide to prisoners, as part of prerelease procedures, information and counseling about: criminal record expungement; educational, employment, and treatment programs; and applications for public assistance programs. The BOP must also provide prisoners with post-release information about fines, assessments, surcharges, restitution, and other penalties. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pardon Attorney Reform and Integrity
Act''.
SEC. 2. REPRIEVES AND PARDONS.
(a) Definitions.--In this section--
(1) the term ``executive clemency'' means any exercise by
the President of the power to grant reprieves and pardons under
clause 1 of section 2 of article II of the Constitution of the
United States, and includes any pardon, commutation, reprieve,
or remission of a fine; and
(2) the term ``victim'' has the meaning given the term in
section 503(e) of the Victims' Rights and Restitution Act of
1990 (42 U.S.C. 10607(e)).
(b) Establishment of Office of the Pardon Attorney.--There is
hereby established in the Department of Justice the Office of the
Pardon Attorney. It shall be the duty of the Pardon Attorney to assist
the Attorney General to carry out the responsibilities of the Attorney
General under this Act and in advising the President regarding
executive clemency.
(c) Reporting Requirement.--If the Attorney General investigates or
reviews, in any particular matter or case, a potential grant of
executive clemency, the Attorney General shall prepare and submit to
the President a written report, which shall include--
(1) a description of the efforts of the Attorney General--
(A) to make each determination required under
subsection (d); and
(B) to make the notifications required under
subsection (e)(1); and
(2) any written statement submitted under subsection (d) by
a victim or by a Federal, State, or local law enforcement
official, investigator, prosecutor, probation officer, judge,
or prison official.
(d) Determinations Required.--In the preparation of any report
under subsection (c), the Attorney General shall make all reasonable
efforts to--
(1) inform the victims of each offense that is the subject
of the potential grant of executive clemency that they may
submit written statements for inclusion in the report submitted
by the Attorney General under subsection (c), and determine the
opinions of those victims regarding the potential grant of
executive clemency;
(2) determine the opinions of law enforcement officials,
investigators, prosecutors, probation officers, judges, and
prison officials involved in apprehending, prosecuting,
sentencing, incarcerating, or supervising the conditional
release from imprisonment of the person for whom a grant of
executive clemency is petitioned or otherwise under
consideration as to the propriety of granting executive
clemency and particularly whether the person poses a danger to
any person or society and has expressed remorse and accepted
responsibility for the criminal conduct to which a grant of
executive clemency would apply;
(3) determine the opinions of Federal, State, and local law
enforcement officials as to whether the person for whom a grant
of executive clemency is petitioned or otherwise under
consideration may have information relevant to any ongoing
investigation or prosecution, or any effort to apprehend a
fugitive; and
(4) determine the opinions of Federal, State, and local law
enforcement or intelligence agencies regarding the effect that
a grant of executive clemency would have on the threat of
terrorism or other ongoing or future criminal activity.
(e) Notification to Victims.--
(1) In general.--The Attorney General shall make all
reasonable efforts to notify the victims of each offense that
is the subject of the potential grant of executive clemency of
the following events, as soon as practicable after their
occurrence:
(A) The undertaking by the Attorney General of any
investigation or review of a potential grant of
executive clemency in a particular matter or case.
(B) The submission to the President of any report
under subsection (c).
(C) The decision of the President to deny any
petition or request for executive clemency.
(2) Notification of grant of executive clemency.--If the
President grants executive clemency, the Attorney General shall
make all reasonable efforts to notify the victims of each
offense that is the subject of the potential grant of executive
clemency that such grant has been made as soon as practicable
after that grant is made, and, if such grant will result in the
release of any person from custody, such notice shall be prior
to that release from custody, if practicable.
(f) No Effect on Other Actions.--Nothing in this section shall be
construed to--
(1) prevent any officer or employee of the Department of
Justice from contacting any victim, prosecutor, investigator,
or other person in connection with any investigation or review
of a potential grant of executive clemency;
(2) prohibit the inclusion of any other information or view
in any report to the President; or
(3) affect the manner in which the Attorney General
determines which petitions for executive clemency lack
sufficient merit to warrant any investigation or review.
(g) Applicability.--Notwithstanding any other provision of this
section, this section does not apply to any petition or other request
for executive clemency that, in the judgment of the Attorney General,
lacks sufficient merit to justify investigation or review, such as the
contacting of a United States Attorney.
(h) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall promulgate
regulations governing the procedures for complying with this section. | Requires the AG, if the AG investigates or reviews a potential grant of clemency, to prepare and submit to the President a written report including: (1) a description of the AG's efforts to make each of the required determinations and victim notifications under this Act; and (2) any written statement submitted under this Act by a victim or by a Federal, State, or local law enforcement official, investigator, prosecutor, probation officer, judge, or prison official.
Directs the AG, in preparing such report: (1) to inform the victims of each offense that is the subject of the potential grant of clemency that they may submit written statements for inclusion in the AG's report and to make every effort to determine their opinions regarding the potential grant of clemency; (2) to determine the opinions of law enforcement and judicial officials as to the propriety of granting clemency, particularly whether the person poses a danger to any person or society and has expressed remorse and accepted responsibility for his or her criminal conduct; (3) to determine the opinions of Federal, State, and local law enforcement officials as to whether the person may have information relevant to any ongoing investigation or prosecution, or any effort to apprehend a fugitive; and (4) to determine the opinions of Federal, State, and local law enforcement or intelligence agencies regarding the effect that a grant of clemency would have on the threat of terrorism or other ongoing or future criminal activity.
Requires the AG to notify the victims of: (1) the undertaking by the AG of any investigation or review of a potential grant of clemency in a particular matter or case; (2) the submission to the President of a report under this Act; and (3) the President's decision to deny any petition or request for clemency.
Directs the AG, if the President grants clemency, to notify the victims as soon as practicable and, if such grant will result in the release of any person from custody, such notice shall (if practicable) be prior to that release. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prioritizing Veterans Access to
Mental Health Care Act of 2015''.
SEC. 2. EXPANSION OF ELIGIBILITY OF CERTAIN VETERANS SEEKING MENTAL
HEALTH CARE FOR HEALTH CARE FROM NON-DEPARTMENT OF
VETERANS AFFAIRS ENTITIES.
(a) In General.--Section 101(b)(2) of the Veterans Access, Choice,
and Accountability Act of 2014 (38 U.S.C. 1701 note; Public Law 113-
146) is amended--
(1) in subparagraph (C)(ii), by striking ``; or'' and
inserting a semicolon;
(2) in subparagraph (D)(ii)(II), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(E) provides a statement in writing that the
veteran seeks mental health care from the Department
and has not received timely and adequate mental health
care through a facility or health care provider of the
Department.''.
(b) Submission of Statement in Writing.--
(1) In general.--In providing for a statement in writing
under subparagraph (E) of section 101(b)(2) of the Veterans
Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701
note; Public Law 113-146), as added by subsection (a), the
Secretary of Veterans Affairs shall develop procedures for the
submission by veterans of such statement--
(A) electronically, through the primary Internet
website of the Department of Veterans Affairs that is
available to the public; and
(B) in person or by fax to the Non-VA Care
Communication Office of each medical facility of the
Department.
(2) Components of statement.--The Secretary shall require
that any veteran that submits a statement in writing described
in paragraph (1) include the following:
(A) The earliest date that the Department provided
to the veteran for an appointment for the receipt of
mental health care through a facility or health care
provider of the Department, or, if no date was
provided, an indication that no appointment date was
provided.
(B) The earliest date of an appointment of the
veteran for the receipt of mental health care that was
offered by a non-Department health care provider, if
applicable.
(C) A certification by the veteran that the veteran
cannot reasonably wait for an appointment for mental
health care through a facility or health care provider
of the Department.
(D) Feedback by the veteran with respect to the
timeliness and adequacy of mental health care furnished
by the Department.
(3) Receipt of statement.--Upon the receipt by the
Department of a statement in writing described in paragraph (1)
by a veteran, the Secretary shall provide a confirmation to the
veteran that the Secretary has received the statement in
writing--
(A) in the form of an immediate automated
confirmation, if the statement in writing was submitted
electronically; and
(B) in the form of an immediate written
confirmation, if the statement in writing was submitted
in person or by fax.
(c) Conforming Amendment.--Section 101(q)(2)(A) of the Veterans
Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note;
Public Law 113-146) is amended--
(1) in clause (iii), by striking ``; and'' and inserting a
semicolon;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(v) eligible veterans described in
subsection (b)(2)(E).''.
SEC. 3. PRIORITIZATION OF HIRING INCENTIVES TO ADDRESS NEED FOR HEALTH
PROFESSIONALS AT DEPARTMENT OF VETERANS AFFAIRS.
In carrying out hiring incentives for health professionals at the
Department of Veterans Affairs, including the Department of Veterans
Affairs Health Professionals Educational Assistance Program under
chapter 76 of title 38, United States Code, the Secretary of Veterans
Affairs shall give priority to those health professionals for which
there is the greatest need in the Department, such as psychiatrists,
psychologists, and other mental health care providers.
SEC. 4. SOURCE OF AMOUNTS.
Such sums as may be necessary to carry out this Act and the
amendments made by this Act shall be derived from amounts appropriated
under section 801 of the Veterans Access, Choice, and Accountability
Act of 2014 (38 U.S.C. 1701 note; Public Law 113-146).
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 90 days after the date of the enactment of this Act. | Prioritizing Veterans Access to Mental Health Care Act of 2015 This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to make a veteran seeking mental health care in a non-Department of Veterans Affairs (VA) entity eligible for such care if the veteran provides a written statement (which may be sent electronically or made in person or by fax) that the veteran seeks mental health care from the VA and has not received timely and adequate mental health care through a VA facility or health care provider. The VA shall give health professional hiring priority to those health professionals for which there is the greatest need, such as psychiatrists, psychologists, and other mental health care providers. | billsum_train |
Change the following text into a summary: SECTION 1. DEFINITIONS AND FINDINGS.
(a) Definitions.--
(1) Classified school employee.--In this Act, the term
``classified school employee'' means an employee working in any
grade from pre-kindergarten through higher education, in any of
the following nine occupational specialities:
(A) Paraprofessionals.
(B) Clerical and administrative services.
(C) Transportation services.
(D) Food and nutrition services.
(E) Custodial and maintenance services.
(F) Security services.
(G) Health and student services.
(H) Technical services.
(I) Skilled trades.
(2) Other definitions.--The terms used in this Act have the
meaning given the terms in section 9101 of the Elementary and
Secondary Education Act 1965 (20 U.S.C. 7801).
(b) Findings.--The Congress finds as follows:
(1) Classified school employees provide valuable service to
public schools in the United States.
(2) Classified school employees provide essential services,
such as transportation, facilities maintenance and operations,
food service, safety, and health care.
(3) Classified school employees play a vital role in
providing for the welfare and safety of students.
(4) Classified school employees strive for excellence in
all areas of service to the education community.
(5) Exemplary classified school employees should be
recognized for their outstanding contributions to quality
education in the United States.
SEC. 2. RECOGNITION PROGRAM ESTABLISHED.
(a) In General.--The Secretary of Education shall establish and
administer a national recognition program to be known as the ``National
Classified School Employees of the Year Awards''. The purpose of the
program shall be to recognize and promote the commitment and excellence
exhibited by employees within certain occupational specialties in
public schools who provide exemplary service to students in pre-
kindergarten through higher education.
(b) Occupational Specialties.--
(1) In general.--The occupational specialties referred to
in subsection (a) are the following:
(A) Paraprofessionals.
(B) Clerical and administrative services.
(C) Transportation services.
(D) Food and nutrition services.
(E) Custodial and maintenance services.
(F) Security services.
(G) Health and student services.
(H) Technical services.
(I) Skilled trades.
(2) Number of awards.--Prior to March 31 of each year
(beginning with the second calendar year that begins after the
date of the enactment of this Act), the Secretary shall select
an employee from each occupational specialty described in
paragraph (1) to receive an award under the recognition
program.
(c) Selection Process.--
(1) Nomination process.--
(A) In general.--Not later than November 1 of each
year (beginning with the first calendar year that
begins after the date of the enactment of this Act),
the Secretary shall solicit nominations from each
occupational specialty described in subsection (b)(1)
from the chief State school officer of each State.
(B) Nomination submissions.--In order for
individuals in a State to be eligible to receive
recognition under this section, the chief State school
officer of the State shall consider nominations
submitted by the following:
(i) Local educational agencies.
(ii) School administrators.
(iii) Professional associations.
(iv) Labor unions.
(v) Any other group determined appropriate
by the Secretary.
(2) Demonstration.--Each chief State school officer of a
State who desires individuals in the State to receive
recognition under this section shall submit the nominations
described in paragraph (1) to the Secretary in such manner as
the Secretary may require. Each such nomination shall contain,
at a minimum, demonstrations of excellence in the following
areas:
(A) Work performance.
(B) School and community involvement.
(C) Leadership and commitment.
(D) Local support.
(E) Enhancement of classified school employees'
image in the community and schools.
(F) Any other area of superior performance, such as
health and safety promotion or efficient use of energy
or other resources.
(3) Selection.--The Secretary shall develop uniform
national guidelines for evaluating nominations submitted under
paragraph (2) in order to select the most deserving nominees
based on the demonstrations made in the areas described in such
paragraph. | Directs the Secretary of Education to award National Classified School Employees of the Year Awards to public school employees within certain occupational specialties who provide exemplary service to students in pre-kindergarten through higher education.
Requires the Secretary to choose an awardee each year, out of nominations received from each state, from each of the following occupational specialties: (1) paraprofessionals; (2) clerical and administrative services; (3) transportation services; (4) food and nutrition services; (5) custodial and maintenance services; (6) security services; (7) health and student services; (8) technical services; and (9) skilled trades. | billsum_train |
Make a summary of the following text: SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Landless Native Land Allocation Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSE.
(a) In General.--Congress finds the following:
(1) In 1971, Congress enacted the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) (referred to in this
section as the ``Act'') to recognize and settle the aboriginal
claims of Alaska Natives to the lands Alaska Natives had used
for traditional purposes.
(2) The Act awarded approximately $1,000,000,000 and
44,000,000 acres of land to Alaska Natives and provided for the
establishment of Native corporations to receive and manage such
funds and land.
(3) Pursuant to the Act, Alaska Natives have been enrolled
in one of thirteen Regional Corporations.
(4) Most Alaska Natives reside in communities that are
eligible to form a Village or Urban Corporation under the Act
within the geographical area of a Regional Corporation.
(5) Village or Urban Corporations established pursuant to
the Act received cash and surface rights to the settlement land
described in paragraph (2), and the corresponding Regional
Corporation received cash and land which includes the
subsurface rights to the land of the Village or Urban
Corporation.
(6) The southeastern Alaska communities of Haines,
Ketchikan, Petersburg, Tenakee, and Wrangell are not listed
under the Act as communities eligible to form Village or Urban
Corporations, even though the population of such villages
comprises greater than 20 percent of the shareholders of the
Regional Corporation of southeastern Alaska and display
historic, cultural and traditional qualities of Alaska Natives.
(7) The five communities described in paragraph (6) have
sought full eligibility for lands and benefits under the Act
for more than two decades.
(8) In 1993, Congress directed the Secretary of the
Interior to prepare a report examining the reasons why the
communities listed in paragraph (6) had been denied eligibility
to form Village or Urban Corporations under the Act and receive
land and benefits pursuant to the Act.
(9) The report described in paragraph (8), published in
February, 1994, indicates that--
(A) the five communities listed in paragraph (6) do
not differ significantly from the southeast Alaska
communities that were permitted to form Village or
Urban Corporations under the Act;
(B) such communities are similar to other
communities that are eligible to form Village or Urban
Corporations under the Act and receive lands and
benefits under the Act--
(i) in actual number and percentage of
Native Alaskan population; and
(ii) with respect to the historic use and
occupation of land;
(C) each such community was involved in advocating
the settlement of the aboriginal claims of the
community; and
(D) some of the communities appeared on early
versions of lists of Native villages prepared before
the date of enactment of the Act, but were not included
as Native villages in the Act.
(10) The omissions described in paragraph (9)(D) are not
clearly explained in any provision of the Act or the
legislative history of the Act.
(11) On the basis of the findings described in paragraphs
(1) through (10), Alaska Natives who were enrolled in the five
unlisted communities and their heirs have been inadvertently
and wrongly denied the financial and cultural benefits of
enrollment in a Village or Urban Corporation established
pursuant to such Act.
(b) Purpose.--The purpose of this Act is to redress the omission of
the five communities described in subsection (a)(6) from eligibility--
(1) to form Village or Urban Corporations under the Act;
and
(2) to receive certain settlement lands pursuant to the
Act.
SEC. 3. LAND ENTITLEMENT.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following new section:
``SEC. 40. LANDLESS NATIVES LAND ALLOCATION.
``(a) Definitions.--As used in this section:
``(1) Adequate and feasible access.--The term `adequate and
feasible access' includes--
``(A) direct access to lands conveyed to a Landless
Village Corporation pursuant to this section from the
nearest body of navigable salt water if such lands are
effectively blocked by National Forest System lands or
the existence of one or more conservation system units,
national recreation areas, national conservation areas,
or public lands designated as wilderness study areas or
managed to maintain the wilderness character or
potential wilderness character of the land; and,
``(B) access to and use of roads, log transfer
facilities and other infrastructure features of the
United States Forest Service.
``(2) Landless village corporation.--The term `Landless
Village Corporation' means any of the communities of Haines,
Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, that--
``(A) has incorporated under applicable laws of the
State of Alaska; and
``(B) has, pursuant to subsection (b), organized as
a Village Corporation in accordance with section 8.
``(3) Regional corporation of southeastern alaska.--The
term `Regional Corporation of southeastern Alaska' means the
Regional Corporation described in section 7(a)(10).
``(4) Unprocessed timber.--The term `unprocessed timber'
means any tree, or portion of a tree, or other roundwood that
is not processed in accordance with standards and
specifications suitable for end product use.
``(b) Status of Certain Communities as Native Villages.--Each of
the Native communities of Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell, Alaska, shall be considered a Native village that is eligible
to receive land and benefits under this Act (including funds
distributed under section 7) and each such community may organize as a
Village Corporation pursuant to section 8.
``(c) Enrollment.--
``(1) In general.--Unless specifically notified otherwise,
the Secretary shall enroll as a member of a Landless Village
Corporation each Native member of the community that organizes
as such Landless Village Corporation.
``(2) Shares for certain native members who were enrolled
in the regional corporation of southeastern alaska.--Each
Native member of a community described in subsection (b) who--
``(A) is enrolled in a Landless Village Corporation
pursuant to paragraph (1), and
``(B) on or before March 30, 1973, was enrolled as
a shareholder of the Regional Corporation of
southeastern Alaska,
shall receive 100 shares of Settlement Common Stock in the
Landless Village Corporation.
``(3) Certain other natives.--Each Native member of a
community described in subsection (b) who--
``(A) is not a shareholder described in paragraph
(2)(B), but
``(B) received, by means of inheritance or gift,
shares of stock in the Regional Corporation of
southeastern Alaska that originally belonged to a
Native who, on or before March 30, 1973, was enrolled
as a shareholder of the Regional Corporation of
southeastern Alaska, and, if alive, would be enrolled
in a Landless Village Corporation pursuant to paragraph
(1),
shall receive a number of shares of Settlement Common Stock in
the appropriate Landless Village Corporation equal to the
number of shares of stock of such Regional Corporation that the
Native inherited or received by gift pursuant to subparagraph
(B).
``(d) Land Withdrawal, Selection, and Conveyance.--
``(1) In general.--The Secretary is authorized and directed
to withdraw from all forms of appropriation under the public
land laws, including the mining and mineral leasing laws, all
eligible public lands described in paragraph (3). During the 5-
year period beginning on the date of the withdrawal, each
Landless Village Corporation shall nominate for selection
public lands for conveyance to the Landless Village Corporation
pursuant to this section.
``(2) Withdrawal.--The withdrawal of land described in
paragraph (1) shall not be made, or deemed to have been made,
in accordance with or subject to sections 11, 14, or 16. Such
withdrawal shall be considered to be a separate withdrawal
authorized and directed by this subsection. The Secretary shall
make the withdrawal not later than 60 days after the date of
enactment of this section. The lands shall, subject to such
withdrawal, remain withdrawn until all selection and
conveyances are completed pursuant to this section.
``(3) Public lands eligible for selection.--Subject to
paragraph (4), the public lands eligible for selection for
conveyance to a Landless Village Corporation pursuant to this
Act shall be the lands located within the Regional Corporation
of southeastern Alaska, except that such public lands shall not
include lands--
``(A) within a conservation system unit described
in section 101 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101);
``(B) within the timber base described in the 1979
Tongass National Forest Land Management Plan;
``(C) withdrawn or reserved for national defense
purposes; or
``(D) selected by a Regional, Village, or Urban
Corporation pursuant to this Act and the State of
Alaska under the Act commonly known as the `Alaska
Statehood Act' (48 U.S.C. note prec. 21).
``(4) Valid existing rights.--The lands selected for
conveyance to a Landless Village Corporation pursuant to this
Act, shall be subject to valid and existing rights and the
patent rights described in section 14(g).
``(5) Acreage.--The quantity of acreage of public lands
that may be selected for a Landless Village Corporation on the
basis of nominations made by the Landless Village Corporation
pursuant to this subsection shall be--
``(A) based on the number of Natives enrolled in
the Landless Village Corporation; and
``(B) determined in accordance with the table
contained in section 14(a), except that the date of
establishment of the Landless Village Corporation shall
be substituted for the date specified in such table.
``(6) Review of nominated selections.--(A) The Secretary,
in consultation with the Secretary of Agriculture, shall review
the nominations for selection of public lands made by a
Landless Village Corporation pursuant to this subsection to
determine whether any conflict exists between the nominations
of the Landless Village Corporation and any other nominations
or selections made by any other Landless Village Corporation or
entity.
``(B) Except with respect to nominations for selections of
public lands made pursuant to this subsection by the Landless
Village Corporation of the community of Ketchikan, Alaska, any
conflict between the nominations for selection of public lands
made by a Landless Village Corporation pursuant to this
subsection and the nominations made by another Landless Village
Corporation pursuant to this subsection shall be resolved by
the Secretary in favor of the Landless Village Corporation that
is located closest to the lands that are the subject of the
conflict.
``(7) Conveyance of lands.--Immediately after the review of
each nomination for a selection made by a Landless Village
Corporation and the resolution of any conflicts described in
paragraph (6) carried out pursuant to this subsection, the
Secretary shall select and convey, subject to the terms and
conditions specified in this section--
``(A) to the Landless Village Corporation that
makes the nomination for the selection, a patent to the
surface estate in the lands nominated for selection by
the Landless Village Corporation; and
``(B) to the Regional Corporation of southeastern
Alaska, a patent to the subsurface estates of the
lands.
``(e) Access to Conveyed Lands.--
``(1) In general.--The Secretary of Agriculture or the head
of an appropriate Federal agency shall take such actions as may
be necessary to ensure that each Landless Village Corporation
and its assigns have such rights as may be necessary to ensure
adequate and feasible access to the lands conveyed to the
Landless Village Corporation pursuant to this section for
economic, cultural, and traditional purposes.
``(2) Permit applications.--In carrying out this
subsection, the appropriate head of a Federal agency shall
grant, in a reasonable and timely manner, any permit
application submitted to the agency head relating to access to
and from lands conveyed to a Landless Village Corporation
pursuant to this section.
``(3) National environmental policy act exemption.--
Notwithstanding any other provision of law, the construction of
a road or other infrastructure project or any related activity
to provide adequate and feasible access to lands conveyed to a
Landless Village Corporation pursuant to this section that is
carried out by the head of a Federal agency or any other person
or entity shall not constitute a major Federal action for the
purposes of section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332) and shall not be subject to any
requirement under such Act relating to an environmental
assessment or environmental impact statement.
``(f) Grants.--
``(1) In general.--The Secretary is authorized to award a
grant in an amount equal to $250,000 to each Landless Village
Corporation that submits an application to the Secretary that
is approved by the Secretary. If an application submitted to
the Secretary pursuant to this paragraph specifies that the
Landless Village Corporation will use the grant award in
accordance with this subsection, the Secretary shall approve
the application in a reasonable and timely manner.
``(2) Purpose of grant.--A grant awarded under this
subsection may only be used for planning, development, or any
other purpose for which the Landless Corporation that is the
recipient of the grant has been organized under section 8.
``(g) Prohibition on Export of Unprocessed Timber.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of law, the lands conveyed
by the Federal Government pursuant to this section shall be
conveyed on the condition that unprocessed timber from such
lands may not be exported from the southeast region of Alaska
served by the Regional Corporation of southeastern Alaska.
``(2) Exemptions.--(A) The prohibition contained in
paragraph (1) shall not apply to those grades of unprocessed
red and yellow cedar timber that the Secretary of Agriculture
determines to be surplus to the needs and demands of
manufacturing facilities in the region described in such
paragraph.
``(B) Not later than 1 year after the date of enactment of
this section, and annually thereafter, the Secretary of
Agriculture, in consultation with the Secretary of Commerce and
after providing public notice and an opportunity for comment,
shall make a determination under subparagraph (A) concerning
which grades of unprocessed cedar timber described in such
subparagraph constitute timber that is surplus to the needs and
demands of manufacturing facilities.
``(3) Penalty.--If the Secretary of Commerce finds, on the
record and after an opportunity for a hearing, that a person,
with willful disregard for the prohibition contained in this
section against exporting unprocessed timber, exported or
caused to be exported unprocessed timber originating from lands
conveyed pursuant this section, the Secretary may assess
against such person a civil penalty of not more than 2 times
the gross value of the unprocessed timber involved in the
violation.
``(h) Statutory Construction.--To the extent that there is any
conflict between this section and any other provision of this Act or
any other Federal law, this section shall govern.''.
S 2539 IS----2 | Landless Native Land Allocation Act of 1994 - Amends the Alaska Native Claims Settlement Act to settle certain claims for five Alaska Native communities. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternatives to Opioids Prescribing
Act''.
SEC. 2. ALTERNATIVES TO OPIOIDS IN EMERGENCY DEPARTMENTS MEDICARE
DEMONSTRATION PROJECT.
(a) Establishment.--Beginning not later than one year after the
date of the enactment of this Act, the Secretary of Health and Human
Services (in this Act referred to as the ``Secretary'') shall carry out
a 5-year demonstration project under which payment shall be made under
the hospital outpatient prospective payment system under part B of
title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) to
participating hospitals for items and services furnished as
alternatives to opioid medications to individuals enrolled under such
part to treat conditions designated under subsection (c)(1) for
purposes of evaluating the benefits of using, instead of opioid
medications, such alternatives to treat in emergency departments such
symptoms and conditions.
(b) Emergency Departments.--
(1) Selection.--The Secretary shall select from hospitals
with emergency departments voluntarily submitting applications
under paragraph (4), not fewer than 30 hospitals with emergency
departments, and not more than 50 hospitals with emergency
departments, for participation in the demonstration project.
(2) Diversity.--In selecting hospitals with emergency
departments, the Secretary shall ensure such hospitals and
emergency departments are diverse in geography and size.
(3) Voluntary participation.--Participation in the
demonstration project under this section shall be on a
voluntary basis.
(4) Applications.--
(A) In general.--To participate in the
demonstration project, a hospital with an emergency
department shall submit to the Secretary an application
at such time, in such manner, and containing such
information (in addition to the written commitment
described in subparagraph (B)) as specified by the
Secretary. The Secretary shall take such measures as is
necessary to make available such application form to
potential participants no later than 180 days after the
date of the enactment of this Act.
(B) Information required.--Each application
submitted by a hospital under subparagraph (A) shall
include a binding written commitment to participate in
the demonstration project for the duration of the
project signed by the Chief Executive Officer of the
hospital, the physician medical director of the
emergency department of the hospital, the nursing
director of the emergency department of the hospital,
and the pharmacy director of the emergency department
of the hospital.
(c) Elements of Demonstration Project.--Under the demonstration
project, the following shall apply:
(1) The Secretary shall designate no fewer than five
conditions or sets of symptoms that will be monitored during
the demonstration project.
(2) The performance during each year of the demonstration
project, with respect to such conditions designated under
paragraph (1), of all emergency departments of hospitals
participating in the demonstration project will be measured
against the performance of such emergency departments during a
base year, which shall represent the most recent set of full
year data available before the first date of the demonstration
project.
(3) The Secretary shall provide hospitals participating in
the demonstration project with a description of clearly defined
treatments that are considered alternatives to opioids to be
applied for purposes of subsection (a).
(d) Incentive Payment.--Under the demonstration project, the
Secretary shall create a payment structure under which hospitals
participating in the demonstration project that increase the use of
alternatives to opioids and decrease the use of opioids may receive a
shared savings bonus in addition to what would otherwise be made for
items and services furnished under subsection (a). The amount of such
shared savings shall be based on the difference between readmission
rates for individuals treated with an alternative to opioids at the
emergency department of the participating hospital and the average rate
of readmissions for individuals treated with opioids and discharged
from a representative group of emergency departments of hospitals not
participating in the demonstration project in the same region as the
participating hospital over a period of five years.
(e) Clarification.--Nothing under this section shall prevent a
health care provider from prescribing an opioid if an opioid is a
medically necessary treatment.
(f) Reports to Congress.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
Congress a report that includes--
(A) the application form described in subsection
(b)(4)(A) that is to be made available to potential
participants; and
(B) a progress report with respect to designating
the conditions under subsection (c)(1) and establishing
the description of clearly defined treatments described
in subsection (c)(3).
(2) Periodic demonstration reports.--Beginning after the
first year of the demonstration project and annually thereafter
for each year of the demonstration project and not later than
one year after the completion of the demonstration, the
Secretary shall submit to Congress a report that includes the
following data for each hospital participating under the
demonstration project:
(A) With respect to each condition or set of
symptom designated under subsection (c)(1), the number
of individuals treated.
(B) With respect to each such condition, the number
of individuals treated only with an alternative to
opioids.
(C) With respect to each such condition, the number
of individuals treated first with an alternative to
opioids, followed by an opioid in the same visit.
(D) With respect to each such condition, the number
of individuals treated only with an opioid.
(E) With respect to each individual described in
subparagraph (A) treated for such a condition or set of
symptoms, whether or not the individual involved
returned to the emergency department of the hospital or
an emergency department of a different hospital for the
same condition or symptoms.
(F) The difference in cost between treating an
individual with an alternative to opioid versus an
opioid.
(G) Any additional information the Secretary
determines necessary. | Alternatives to Opioids Prescribing Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to carry out a demonstration project to evaluate alternatives to the use of opioids to treat Medicare enrollees in hospital emergency departments. Under the project, the CMS must provide incentive payments to participating hospitals for decreasing the use of opioids and increasing the use of opioid alternatives. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Agricultural Heritage
Partnership Act of 1996''.
SEC 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the city of Waterloo, Iowa, and northeast Iowa, possess
many important elements of the nationally significant story of
American agriculture, including Native American agriculture,
agricultural mechanization, seed hybridization, farm
cooperative movements, rural electrification, farm-to-market
systems, rural-to-urban migration, veterinary practice, food
processing and preservation, national farm organizations,
international hunger relief, and the development of national
and international agribusiness;
(2) these resources offer outstanding and unique
opportunities to acknowledge and appreciate the development of
American agriculture;
(3) the National Park Service has determined that--
(A) the story of American agriculture is nationally
significant;
(B) northeast Iowa is an ideal place to tell the
story; and
(C) the story could be divided into 4 principal
topics for interpretation consisting of--
(i) the amazing science of agriculture;
(ii) agriculture as a way of life;
(iii) organizing for survival; and
(iv) crops from field to table;
(4) the responsibility for interpreting, retaining,
enhancing, and promoting the resources, values, and amenities
of Waterloo, Iowa, and northeast Iowa resides with volunteer
associations, private businesses, political subdivisions of the
State, and the State; and
(5) despite the efforts by volunteer associations, private
businesses, political subdivisions of the State, and the State,
the cultural and historical resources of the area have not
realized full potential and may be lost without assistance from
the Federal Government.
(b) Purposes.--The purposes of this Act are--
(1) to interpret, retain, enhance, and promote the unique
and significant contributions to national and international
agriculture of certain natural, historical, and cultural
resources within Waterloo, Iowa, and northeast Iowa;
(2) to provide a partnership management framework to assist
volunteer associations, private businesses, political
subdivisions of the State, and the State in developing and
implementing Plan policies and programs that will assist in the
interpretation, retention, enhancement, and promotion of the
cultural, natural, and recreational resources of northeast
Iowa;
(3) to allow for local, State, and Federal contributions
through limited grants and technical assistance to create
America's Agricultural Heritage Partnership through cooperative
agreements among volunteer associations, private businesses, political
subdivisions of the State, the State, and residents of the area; and
(4) to provide for an economically self-sustaining
Partnership for the educational and inspirational benefit of
current and future generations concerning the story of American
agriculture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Activity.--The term ``activity'' means an activity
described in section 4(b).
(2) Management entity.--The term ``management entity''
means the management entity established under section 5(a).
(3) Partnership.--The term ``Partnership'' means the
America's Agricultural Heritage Partnership established under
section 4(a).
(4) Plan.--The term ``Plan'' means the Partnership
Management Plan established under section 6(a).
(5) Political subdivision.--The term ``political
subdivision'' means a political subdivision of the State
(including a county, city, or town), any part of which is
located in or adjacent to the area in which the activities of
the Partnership are carried out.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) State.--The term ``State'' means the State of Iowa.
SEC. 4. AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP.
(a) Establishment.--On publication by the Secretary in the Federal
Register of notice that a Plan has been approved by the Secretary,
there is established in the State the America's Agricultural Heritage
Partnership to carry out this Act.
(b) Activities.--The Partnership shall carry out such activities as
the Partnership determines are necesary to carry out this Act, except
that the activities shall be carried out only in the counties of
northeast Iowa that are generally depicted in Alternatives 2 and 3 of
the Special Resource Study, Cedar Valley, Iowa, of the National Park
Service conducted during 1995.
(c) Participation.--
(1) In general.--Nothing in this Act requires any owner of
private property located in an area in which the Partnership's
activities are carried out, or resident in the area, to
participate in or be associated with the Partnership or the
Partnership's activities.
(2) Removal of property.--On providing written notice to
the Secretary, an owner of private property may remove the
property from participation in, or association with, the
Partnership or the Partnership's activities.
(d) Grants, Technical Assistance, and Cooperative Agreements.--
(1) Grants and technical assistance.--The Secretary may
provide the Federal share specified in section 9(b) of the cost
of making grants and providing technical assistance to the
Partnership to carry out this Act.
(2) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with a private entity, the State, a
political subdivision of the State, a Federal agency, the
Partnership, or the management entity to carry out this Act.
SEC. 5. MANAGEMENT ENTITY.
(a) Establishment.--Subject to the approval of the Secretary, there
is established a management entity for the Partnership that shall be
based on Management Option 5 of the Special Resource Study, Cedar
Valley, Iowa, of the National Park Service conducted during 1995.
(b) Plan.--Subject to subsection (a), the structure and operation
of the management entity shall be established in the Plan.
(c) Composition.--The management entity may include individuals
affiliated with--
(1) the American Association of Museums;
(2) the American Farm Bureau;
(3) the American Farmland Trust;
(4) the Effigy Mounds National Monument and the Herbert
Hoover National Historic Site;
(5) the Iowa Department of Agriculture and Land
Stewardship;
(6) the Iowa Department of Corrections;
(7) the Iowa Department of Cultural Affairs;
(8) the Iowa Department of Economic Development;
(9) the National Trust for Historic Preservation;
(10) the Smithsonian Institution;
(11) the State Historic Preservation Office of the State;
(12) the United States Department of Agriculture;
(13) the United States Department of Transportation; and
(14) the America's Agricultural/Industrial Heritage
Landscape, Inc.
SEC. 6. PARTNERSHIP MANAGEMENT PLAN.
(a) Preparation.--Not later than 1 year after the date of enactment
of this Act, the Partnership shall submit a Partnership Management Plan
to the Secretary for approval.
(b) Assistance.--The Secretary may provide the Federal share
specified in section 9(b) of the cost of providing technical assistance
to the Partnership for the preparation of the Plan.
SEC. 7. PRIVATE PROPERTY PROTECTION.
(a) In General.--Nothing in this Act--
(1) modifies, enlarges, or diminishes the authority of a
Federal, State, or local government agency to regulate any use
of private property;
(2) requires any private property owner to permit public
access (or Federal, State, or local government access) to
private property;
(3) modifies or affects any provision of Federal, State, or
local law with regard to public access to or use of private
property; or
(4) creates any liability, or has any effect on any
liability (under any other law), of any private property owner
with respect to any person injured on private property.
(b) Land Use.--Nothing in this Act--
(1) grants a power of zoning, land use, or condemnation to
the Partnership, the management entity, the Secretary, or any
other Federal, State, or local government agency; or
(2) modifies any authority of a Federal, State, or local
government agency to regulate land use.
SEC. 8. RELATIONSHIP TO OTHER AUTHORITY.
(a) In General.--Nothing in this Act imposes any environmental,
occupational, safety, or other rule, regulation, standard, or permit
process that is different from those that would be applicable had the
Partnership or management entity not been established.
(b) Water and Water Rights.--Nothing in this Act authorizes or
implies the reservation or appropriation of water or water rights.
(c) Fish and Wildlife.--Nothing in this Act diminishes the
authority of the State in the management of fish and wildlife,
including the regulation of fishing and hunting.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS; FEDERAL SHARE.
(a) In General.--There is authorized to be appropriated to carry
out this Act $400,000 for each fiscal year.
(b) Federal Share.--The Federal share of providing grants and
technical assistance under this Act shall be 50 percent. | America's Agricultural Heritage Partnership Act of 1996 - Establishes in Iowa the America's Agricultural Heritage Partnership to promote the story of American agriculture, centered upon the area of Waterloo and northeast Iowa.
Authorizes the Secretary of Agriculture to provide grants and technical assistance to the Partnership, and to enter into related cooperative agreements with private and governmental entities.
Establishes a Partnership management entity and requires the development of a management plan.
Authorizes appropriations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dairy Pricing Deregulation Act''.
SEC. 2. REFORM OF FEDERAL MILK MARKETING ORDERS.
(a) Terms and Conditions of Milk and Milk Products Orders.--Section
8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937, is
amended--
(1) in subsection (5)--
(A) by striking paragraphs (C), (D), (H), (I), (J),
and (K);
(B) by amending paragraph (A) to read as follows:
``(A) Fixing a differential which all handlers of
milk used for fluid purposes shall pay with respect to
such milk, and the time when payments shall be made,
for milk purchased from producers or associations of
producers. Such differential shall be uniform as to all
such handlers, subject only to adjustment for the
locations at which delivery of such milk is made to
such handlers.'';
(C) by amending paragraph (B) to read as follows:
``(B) Providing for the payment to all producers
and associations of producers delivering milk to any
fluid milk handler regulated by the order, or to any
non-fluid milk handler which supplies milk to such
fluid milk handler in conformity with such requirements
as the Secretary may establish, a proportionate share,
based on volume of delivered milk, of all differentials
required to be paid under paragraph (A) of this
subsection (5), subject only to adjustment for the
locations at which delivery of such milk is made.'';
(D) by amending paragraph (F) to read as follows:
``(F) Nothing contained in this subsection is
intended or shall be construed to prevent a cooperative
marketing association qualified under the provisions of
the Act of Congress of February 18, 1922, known as the
`Capper-Volstead Act' (7 U.S.C. 291 et seq.), engaged
in making collective sales or marketing of milk or its
products for the producers thereof, from blending the
net proceeds of all of its sales of milk or its
products in all markets, and making distribution
thereof to its producers in accordance with the
contract between the association and its producers.'';
(E) by amending paragraph (L) to read as follows:
``(L) Providing that adjustments in payments by
handlers under paragraph (A) need not be the same as
adjustments to producers under paragraph (B).'';
(F) by amending paragraph (M) to read as follows:
``(M)(i) Application of requirements.--
Notwithstanding any other provision of this section, a
milk handler described in clause (ii) shall be subject
to all of the fluid milk differential requirements of a
Federal milk marketing order issued pursuant to this
section applicable to the county in which the plant of
the handler is located, if the handler has packaged
fluid milk product route dispositions, or sales of
packaged fluid milk products to other plants, in a
marketing area located in a State that requires
handlers to pay minimum prices for raw milk purchases.
``(ii) Covered milk handlers.--Except as provided
in clause (iv), clause (i) applies to a handler of
Class I milk products (including a producer-handler or
producer operating as a handler) that--
``(I) operates a plant that is located within the
boundaries of a Federal order milk marketing area (as
those boundaries are in effect as of April 11, 2006);
``(II) has packaged fluid milk product route
dispositions, or sales of packaged fluid milk products
to other plants, in a milk marketing area located in a
State that requires handlers to pay fluid milk
differentials for raw milk purchases; and
``(III) is not otherwise obligated by a Federal
milk marketing order, or a regulated milk pricing plan
operated by a State, to pay minimum class prices or
fluid milk differentials for the raw milk that is used
for such dispositions or sales.
``(iii) Obligation to pay fluid milk
differentials.--For purposes of clause (ii)(III), the
Secretary may not consider a handler of Class I milk
products to be obligated by a Federal milk marketing
order to pay fluid milk differentials for raw milk
unless the handler operates the plant as a fully
regulated fluid milk distributing plant under a Federal
milk marketing order.
``(iv) Certain handlers exempted.--Clause (i) does
not apply to--
``(I) a handler (otherwise described in clause
(ii)) that operates a nonpool plant (as defined in
section 1000.8(e) of title 7, Code of Federal
Regulations, as in effect on the date of the enactment
of this subparagraph);
``(II) a producer-handler (otherwise described in
clause (ii)) for any month during which the producer-
handler has route dispositions, and sales to other
plants, of packaged fluid milk products equaling less
than 3,000,000 pounds of milk; or
``(III) a handler (otherwise described in clause
(ii)) for any month during which--
``(aa) less than 25 percent of the total quantity
of fluid milk products physically received at the plant
of the handler (excluding concentrated milk received
from another plant by agreement for other than Class I
use) is disposed of as route disposition or is
transferred in the form of packaged fluid milk products
to other plants; or
``(bb) less than 25 percent in aggregate of the
route disposition or transfers are in a marketing area
or areas located in one or more States that require
handlers to pay minimum prices for raw milk
purchases.''; and
(G) by amending paragraph (N) to read as follows:
``(N) Exemption for certain milk handlers.--
Notwithstanding any other provision of this section, no
handler with distribution of Class I milk products in
the marketing area described in Order No. 131 shall be
exempt during any month from any fluid milk
differential requirement established by the Secretary
under this subsection if the total distribution of
Class I products during the preceding month of any such
handler's own farm production exceeds 3,000,000
pounds.''; and
(2) by amending subsection (18) to read as follows:
``(18) Fluid milk differentials.--The Secretary of
Agriculture, in prescribing any term in any marketing agreement
or order, or amendment thereto, relating to milk or its
products, if such term is to fix the differential to be paid to
producers or associations of producers, shall fix such
differential as follows. Such differentials shall during the
first year after the effective date of the Dairy Pricing
Deregulation Act be equal to the differentials for milk used
for fluid purposes as they existed under federal milk marketing
orders on January 1, 2011, subject to all location adjustments
as they existed under federal milk marketing orders on such
date. Such differentials shall in each successive year be
reduced by an amount equal to 20 percent of the differentials
that existed during the first year after the effective date of
such Act, and shall be discontinued in the fifth year after the
effective date of such Act.''.
(b) Conforming Amendment.--Section 10(b)(2)(i) of the Agricultural
Adjustment Act (7 U.S.C. 610(b)(2)(i)), reenacted with amendments by
the Agricultural Marketing Agreement Act of 1937, is amended by
striking ``each handler subject thereto'' and inserting ``each fluid
milk handler subject thereto and each non-fluid milk handler which
supplies milk to such fluid milk handler''.
(c) Notice and Comment.--The Secretary of Agriculture shall use the
notice and comment procedures provided in section 553 of title 5,
United States Code, to implement the requirements of the amendments
made by subsection (a) of this section.
(d) Surveys.--
(1) In general.--The Secretary of Agriculture shall survey
and publish on a regular basis data regarding the payments made
by all handlers of milk used for any purpose for milk purchased
from producers or associations of producers.
(2) Bases for publication.--The Secretary shall publish
such data on a national weighted-average basis and on a
regional basis with respect to as many multi-state regions as
the Secretary determines to be of practical use.
(3) Mandatory participation.--Participation in such surveys
by handlers shall be mandatory.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall be effective on the first day
of the first month beginning one year after the date of the enactment
of this Act. | Dairy Pricing Deregulation Act - Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to revise the terms of federal milk marketing orders.
Directs the Secretary of Agriculture (USDA) to: (1) survey and publish data regarding milk handler payments for milk purchased from producers or associations of producers, and (2) publish such data on a national weighted-average basis and on a regional basis with respect to as many multi-state regions as the Secretary determines appropriate. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Protection Against
Combustible Dust Explosions and Fires Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An emergency exists concerning worker exposure to
combustible dust explosions and fires.
(2) 13 workers were killed and more than 60 seriously
injured in a catastrophic combustible dust explosion at
Imperial Sugar in Port Wentworth, Georgia on February 7, 2008.
(3) Following 3 catastrophic dust explosions that killed 14
workers in 2003, the Chemical Safety and Hazard Investigation
Board (CSB) issued a report in November 2006, which identified
281 combustible dust incidents between 1980 and 2005 that
killed 119 workers and injured 718. The CSB concluded that
``combustible dust explosions are a serious hazard in American
industry''.
(4) A quarter of the explosions occurred at food industry
facilities, including sugar plants. Seventy additional
combustible dust explosions have occurred since 2005.
(5) Material Safety Data Sheets (MSDSs) often do not
adequately address the hazards of combustible dusts, and the
OSHA Hazard Communication Standard (HCS) inadequately addresses
dust explosion hazards and fails to ensure that safe work
practices and guidance documents are included in MSDSs.
(6) The CSB recommended that OSHA issue a standard designed
to prevent combustible dust fires and explosions in general
industry, based on current National Fire Protection Association
(NFPA) dust explosion standards.
(7) The CSB also recommended that OSHA revise the Hazard
Communication Standard (HCS) (1910.1200) to clarify that
combustible dusts are covered and that Material Safety Data
Sheets contain information about the hazards and physical
properties of combustible dusts.
(8) OSHA has not initiated rulemaking in response to the
CSB's recommendation.
(9) OSHA issued a grain handling facilities standard (29
C.F.R. 1910.272), in 1987 that has proven highly effective in
reducing the risk of combustible grain dust explosions,
according to an OSHA evaluation.
(10) No Occupational Safety and Health Administration
standard comprehensively addresses combustible dust explosion
hazards in general industry.
(11) Voluntary National Fire Protection Association
standards exist which, when implemented, effectively reduce the
likelihood and impact of combustible dust explosions.
SEC. 3. ISSUANCE OF STANDARD ON COMBUSTIBLE DUST.
(a) Interim Standard.--
(1) Application and rulemaking.--Notwithstanding any other
provision of law, not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall promulgate
an interim final standard regulating combustible dusts. The
interim final standard shall, at a minimum, apply to
manufacturing, processing, blending, conveying, repackaging,
and handling of combustible particulate solids and their dusts,
including organic dusts (such as sugar, candy, paper, soap, and
dried blood), plastics, sulfur, wood, rubber, furniture,
textiles, pesticides, pharmaceuticals, fibers, dyes, coal,
metals (such as aluminum, chromium, iron, magnesium, and zinc),
fossil fuels, and others determined by the Secretary, but shall
not apply to processes already covered by OSHA's standard on
grain facilities (29 C.F.R. 1910.272).
(2) Requirements.--The interim final standard required
under this subsection shall include the following:
(A) Requirements for hazard assessment to identify,
evaluate, and control combustible dust hazards.
(B) Requirements for a written program that
includes provisions for hazardous dust inspection,
testing, hot work, ignition control, and housekeeping,
including the frequency and method or methods used to
minimize accumulations of combustible dust on ledges,
floors, equipment, and other exposed surfaces.
(C) Requirements for engineering controls (which
requirements shall be effective 6 months after the date
on which the interim standard is issued),
administrative controls, and operating procedures, such
as means to control fugitive dust emissions and
ignition sources, the safe use and maintenance of dust
producing and dust collection systems and filters,
minimizing horizontal surfaces where dust can
accumulate, and sealing of areas inaccessible to
housekeeping.
(D) Requirements for housekeeping to prevent
accumulation of combustible dust in places of
employment in such depths that it can present
explosion, deflagration, or other fire hazards,
including safe methods of dust removal.
(E) Requirements for employee participation in
hazard assessment, development of and compliance with
the written program, and other elements of hazard
management.
(F) Requirements to provide written safety and
health information and annual training to employees,
including housekeeping procedures, hot work procedures,
preventive maintenance procedures, common ignition
sources, and lock-out, tag-out procedures.
(3) Procedure.--The requirements in this subsection shall
take effect without regard to the procedural requirements
applicable to regulations promulgated under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b))
or the procedural requirements of chapter 5 of title 5, United
States Code.
(4) Effective date of interim standard.--Except as
specified in paragraph (2)(C) with regards to engineering
controls, the interim final standard shall take effect 30 days
after issuance. The interim final standard shall have the legal
effect of an occupational safety and health standard, and shall
apply until a final standard becomes effective under section 6
of the Occupational Safety and Health Act (29 U.S.C. 655).
(b) Final Standard.--
(1) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Labor shall, pursuant
to section 6 of the Occupational Safety and Health Act (29
U.S.C. 655), promulgate a final standard regulating combustible
dust explosions.
(2) Requirements.--The final standard required under this
subsection shall include the following:
(A) The scope described in subsection (a)(1).
(B) The worker protection provisions in subsection
(a)(2).
(C) Requirements for managing change of dust
producing materials, technology, equipment, staffing,
and procedures.
(D) Requirements for building design such as
explosion venting, ducting, and sprinklers.
(E) Requirements for explosion protection,
including separation and segregation of the hazard.
(F) Relevant and appropriate provisions of National
Fire Protection Association combustible dust standards.
(3) Procedure.--The final standard required by this
subsection shall be promulgated in accordance with the
procedural requirements for rulemaking under section 6(b) of
the Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)) and under title 5, United States Code, including the
requirements relating to small businesses in chapter 6 of such
title.
SEC. 4. REVISION OF THE HAZARD COMMUNICATION STANDARD.
(a) Revision Required.--Notwithstanding any other provision of law,
not later than 6 months after the date of enactment of this Act, the
Secretary of Labor shall revise the hazard communication standard in
section 1910.1200 of title 29, Code of Federal Regulations, by amending
the definition of ``physical hazard'' in subsection (c) of such section
to include ``a combustible dust'' as an additional example of such a
hazard.
(b) Effect of Modifications.--The modification under this section
shall be in force until superseded in whole or in part by regulations
promulgated by the Secretary of Labor under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) and shall
be enforced in the same manner and to the same extent as any rule or
regulation promulgated under section 6(b).
(c) Effective Date.--The modification to the hazard communication
standard required shall take effect within 30 days after the
publication of the revised rule.
Passed the House of Representatives April 30, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Worker Protection Against Combustible Dust Explosions and Fires Act of 2008 - (Sec. 3) Requires the Secretary of Labor, within 90 days, to promulgate an interim final standard regulating combustible dusts, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the Occupational Safety and Health Administration's (OSHA) standard on grain facilities.
Requires such standard to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces; (3) engineering (which requirements shall be effective six months after the date on which the interim standard is issued), administrative controls and operating procedures, such as means to control fugitive dust emissions and ignition sources, the safe use and maintenance of dust producing and dust collection systems and filters, minimizing horizontal surfaces where dust can accumulate, and sealing of areas inaccessible to housekeeping; (4) housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) employee participation in hazard assessment, development of and compliance with the written program, and other elements of hazard management; and (6) providing safety and health information and annual training to employees, including housekeeping procedures, hot work procedures, preventive maintenance procedures, common ignition sources, and lock-out, tag-out procedures.
Provides an exemption from otherwise applicable rulemaking requirements for the interim standard but not for the final standard.
Provides that such interim standard shall have the legal effect of an occupational safety and health standard and shall apply until a final standard becomes effective.
Requires the Secretary of Labor, within 18 months, to promulgate a final occupational safety and health standard regulating combustible dust explosions that has the same scope and worker protection provisions as the interim rule and provides requirements for: (1) managing change of dust producing materials, technology, equipment, staffing, and procedures; (2) building design such as explosion venting, ducting, and sprinklers; and (3) explosion protection, including separation and segregation of the hazard. Requires the final rule to include relevant and appropriate provisions of the National Fire Protection Association combustible dust standards.
(Sec. 4) Requires the Secretary to revise the hazard communications standard to amend the definition of "physical hazard" to include "a combustible dust" as an additional example of such a hazard. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Accountability Act''.
SEC. 2. ACTS AFFECTING A PERSONAL FINANCIAL INTEREST OF THE PRESIDENT
OR VICE PRESIDENT OF THE UNITED STATES.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 208 the following:
``Sec. 208A. Acts affecting a personal financial interest of the
President or Vice President of the United States
``(a) Except as permitted by subsection (b) hereof, whoever, being
the President or Vice President of the United States, participates
personally and substantially, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, application, request for a ruling or
other determination, contract, claim, controversy, charge, accusation,
arrest, or other particular matter in which, to their knowledge, the
President or Vice President of the United States, their spouse, child,
general partner, organization in which they are serving as officer,
director, trustee, general partner or employee, or any person or
organization with whom they are negotiating or has any arrangement
concerning prospective employment, has a financial interest shall be
subject to the penalties set forth in section 216 of this title.
``(b) Subsection (a) shall not apply--
``(1) if the financial interest that would be affected by
the particular matter involved is held in a qualified blind
trust as defined by subsection (g); or
``(2) if the President or Vice President of the United
States first advises the Director of the Office of Government
Ethics of the nature and circumstances of the judicial or other
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge,
accusation, arrest, or other particular matter and makes full
disclosure of the financial interest and receives in advance a
written determination made by the Director of the Office of
Government Ethics that the interest is not so substantial as to
be deemed likely to affect the actions of the President or Vice
President or undermine the public's confidence in the integrity
of their office.
``(c) In the event that a national emergency necessitates the
President or Vice President taking any immediate action that affects
their personal financial interests prior to receiving an exemption
under subsection (b)(2), the President or Vice President shall, in
addition to the information required by subsection (b)(2), notify the
Director of the Office of Government Ethics of the circumstances
requiring action to be taken prior to the receipt of an exemption and
shall make a retroactive request for an exemption under subsection
(b)(2) within 48 hours of taking the action. The Director of the Office
of Government Ethics shall then make a written determination as to
whether an exemption under subsection (b)(2) would have been issued had
the President or Vice President requested an exemption prior to taking
the action. Should the Director of the Office of Government Ethics
determine that an exemption would not have been granted, the President
or Vice President shall, to the extent practicable, return, repay,
remit, or refund any benefit gained as a result of that action. Any
financial gains that cannot be repaid shall be gifted to reduce the
public debt pursuant to section 3113 of title 31, United States Code.
``(d) The Director of the Office of Government Ethics shall
complete the written determination required under subsection (b)(2) and
subsection (c) as soon as practicable, but in no event shall the
determination be made later than 10 days following a request for an
exemption. Any request for exemption under subsection (b)(2) and
subsection (c) not receiving a written determination within 10 days
will be deemed to have been denied.
``(e) A copy of any request for an exemption and a copy of any
determination made in response to a request for an exemption, including
exemptions under subsection (b)(2) or (c) and any determination deemed
to have been denied under subsection (d), shall be made available to
the public by the Office of Government Ethics within 10 days of the
receipt of a request for an exemption pursuant to procedures set forth
in section 105 of the Ethics in Government Act of 1978. In making such
determination available, the agency may withhold from disclosure any
information contained in the determination that would be exempt from
disclosure under section 552 of title 5.
``(f) A violation of subsection (a) shall constitute a high crime
and misdemeanor for the purposes of article II, section 4 of the United
States Constitution.
``(g) For the purposes of this section, the term `qualified blind
trust' shall include any trust in which the President or Vice President
of the United States, their spouse, or any child has a beneficial
interest in the principal or income, and which meets the following
requirements:
``(1) In general.--
``(A) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary
duties is a financial institution, an attorney, a
certified public accountant, a broker, or an investment
advisor who--
``(i) is independent of and not associated
with any interested party so that the trustee
or other person cannot be controlled or
influenced in the administration of the trust
by any interested party;
``(ii) is not and has not been an employee
of or affiliated with any interested party and
is not a partner of, or involved in any joint
venture or other investment with, any
interested party; and
``(iii) is not a relative of any interested
party.
``(B) Any officer or employee of a trustee or other
entity who is involved in the management or control of
the trust--
``(i) is independent of and not associated
with any interested party so that such officer
or employee cannot be controlled or influenced
in the administration of the trust by any
interested party;
``(ii) is not a partner of, or involved in
any joint venture or other investment with, any
interested party; and
``(iii) is not a relative of any interested
party.
``(2) Any asset transferred to the trust by an interested
party is free of any restriction with respect to its transfer
of sale unless such restriction is expressly approved in
writing by the Director of the Office of Government Ethics.
``(3) The trust instrument that establishes the trust
provides that--
``(A) except to the extent provided in subparagraph
(2) of this subsection, the trustee in the exercise of
his authority and discretion to manage and control the
assets of the trust shall not consult or notify any
interested party;
``(B) the trust shall not contain any asset the
holding of which by any interested party is prohibited
by any law or regulation;
``(C) the trustee shall promptly notify the
reporting individual and the Director of the Office of
Government Ethics when the holdings of any particular
asset transferred to the trust by any interested party
are disposed of or when the value of such holding is
less than $1,000;
``(D) the trust tax return shall be prepared by the
trustee or his designee, and such return and any
information relating thereto (other than the trust
income summarized in appropriated categories necessary
to complete an interested party's tax return), shall
not be disclosed to any interested party;
``(E) an interested party shall not receive any
report on the holdings and sources of income of the
trust, except a report at the end of each calendar
quarter with respect to the total cash value of the
interest of the interested party in the trust or the
net income or loss of the trust or any reports
necessary to enable the interested party to complete an
individual tax return required by law, but such report
shall not identify any asset or holding;
``(F) except for communications which solely
consist of requests for distributions of cash or other
unspecified assets of the trust, there shall be no
direct or indirect communication between the trustee
and an interested party with respect to the trust
unless such communication is in writing (a copy of
which shall be provided to the Director of the Office
of Government Ethics), and unless it relates only (i)
to the general financial interest and needs of the
interested party (including, but not limited to, an
interest in maximizing income or long-term capital
gain), (ii) to the notification of a trustee of a law
or regulation subsequently applicable to the reporting
individual which prohibits the interested party from
holding an asset, which notification directs that the
asset not be held by the trust, or (iii) to directions
to the trustee to sell all of an asset initially placed
in the trust by an interested party which in the
determination of the reporting individual creates a
conflict of interest or the appearance thereof due to
the subsequent assumption of duties by the reporting
individual; and
``(G) the interested parties shall make no effort
to obtain information with respect to the holdings of
the trust, including obtaining a copy of any trust tax
return filed or any information relating thereto except
as otherwise provided in this subsection.
``(4) The proposed trust instrument and the proposed
trustee are certified in writing by the Director of the Office
of Government Ethics to be in compliance with the requirements
of this section. The Director of the Office of Government
Ethics shall conduct an annual recertification of the trust
instrument and trustee to verify that they remain in compliance
with the requirements of this section. If at any time the
Director of the Office of Government Ethics determines that the
trust instrument or trustee are no longer in compliance with
requirements of this section, the Director of the Office of
Government Ethics shall notify the Committee on Oversight and
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate, and provide written notification to the interested
parties that they are no longer eligible for an exemption under
subsection (b)(1) until the trust instrument and trustee are
recertified.
``(5) For the purposes of this subsection, `interested
party' means the President or Vice President of the United
States, their spouse, and any child; `reporting individual'
means the President or Vice President of the United States;
`broker' has the meaning set forth in section 3(a)(4) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
`investment adviser' includes any investment adviser who, as
determined under regulations prescribed by the Office of
Government Ethics, is generally involved in their role as such
an advisor in the management or control of trusts.
``(6) Any written certification or notification made
pursuant to subsection (g) shall be made available to the
public within 10 days of the certification or notification
being made.''.
(b) In General.--Section 216 of title 18, United States Code, is
amended--
(1) in subsection (a) by inserting ``208A,'' after
``208,'';
(2) in subsection (b) by inserting ``208A,'' after
``208,''; and
(3) in subsection (c) by inserting ``208A,'' after
``208,''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of title 18, United States Code, is amended by inserting
after ``Sec. 208. Acts affecting a personal financial interest.'' the
following new item:
``Sec. 208A. Acts affecting a personal financial interest of the
President or Vice President of the United
States.''.
SEC. 3. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT OF THE UNITED
STATES.
(a) In General.--Section 431 of title 18, United States Code, is
amended by inserting ``the President or Vice President of the United
States,'' after ``Whoever, being''. | Presidential Accountability Act This bill amends the federal criminal code to make it a crime for the President or Vice President to personally and substantially participate in official matters that affect their financial interests, unless the financial interests are held in a blind trust or the President or Vice President discloses the financial interests and receives an exemption. It imposes criminal penalties—a prison term, a fine, or both—on a President or Vice President who commits the offense. It also authorizes civil penalties and injunctions. Additionally, a violation constitutes a high crime and misdemeanor (i.e., grounds for impeachment) under Article II, Section 4 of the U.S. Constitution. Finally, the bill prohibits the President or Vice President from entering into contracts with the U.S. government. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Resident Protection Act of
1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) there exists throughout the United States a need for
decent, safe and affordable housing;
(2) affordable housing is critical to the well-being of
vulnerable families, particularly seniors and persons with
disabilities;
(3) an unprecedented number of contracts for Federal rental
assistance are expiring now and will expire in the near future,
including contracts covering 2,384,000 units in fiscal year
2000 alone;
(4) a growing number of private owners of affordable
housing developments are choosing to not renew their subsidy
contracts with the Federal government;
(5) in cases where assistance contracts are not renewed,
rent levels in the affected developments may rise dramatically;
(6) an overwhelming majority of residents in these
developments are seniors or persons with disabilities and have
little or no means of paying additional rent from personal
income, effectively forcing them to move from what have been
their homes for almost a quarter of a century; and
(7) the Federal Government should use all appropriate means
to ensure that those least able to provide for themselves enjoy
the protection and welfare of the people of the United States.
(b) Purpose.--The purpose of this Act is to protect vulnerable
residents of affordable housing, particularly seniors and persons with
disabilities, and to help provide those residents with peace of mind
and security for living--
(1) by providing greater rental assistance flexibility to
ensure that vulnerable populations are not forced to move from
their homes when rent levels rise; and
(2) where appropriate, by encouraging private owners of
affordable housing developments to continue serving low-income
families by allowing such housing providers greater flexibility
for refinancing and by ensuring more effective administration
by the Federal Government of rental assistance contract
renegotiations.
SEC. 3. ENHANCED VOUCHERS FOR RESIDENTS OF PROJECTS WITH EXPIRING
CONTRACTS.
Section 524 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding
at the end the following new subsection:
``(b) Enhanced Vouchers Upon Contract Expiration.--In the case of
contracts for assistance under section 8 referred to in subsection (a)
of this section that are not renewed under subsection (a) (or any other
authority), the following provisions shall apply:
``(1) In general.--To the extent that amounts for
assistance under this subsection are provided in advance in
appropriation Acts, upon the date of the expiration of the
contract for project-based assistance for a covered project,
the Secretary--
``(A) shall make enhanced voucher assistance under
this subsection available on behalf of each covered
resident of a covered project; and
``(B) may make enhanced voucher assistance under
this section available on behalf of any other low-
income family who, upon the date of such expiration, is
residing in an assisted dwelling unit in a covered
project that is located in a low-vacancy area.
``(2) Enhanced assistance.--Enhanced voucher assistance
under this subsection for a family shall be voucher assistance
under section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), except that under such enhanced voucher
assistance--
``(A) if the assisted family elects to remain in
the covered project in which the family was residing on
the date of the expiration of such contract and the
rent for such unit exceeds the applicable payment
standard established pursuant to section 8(o) for the
unit, the amount of rental assistance provided on
behalf of family shall be determined using a payment
standard that is equal to the rent for the dwelling
unit, subject to paragraph (10)(A) of such section
8(o); and
``(B) if the assisted family elects to move from
such covered project, subparagraph (A) of this
paragraph shall not apply and the payment standard for
the dwelling unit occupied by the family shall be
determined in accordance with section 8(o).
``(3) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Assisted dwelling unit.--The term `assisted
dwelling unit' means a dwelling unit that--
``(i) is in a covered project; and
``(ii) is covered by rental assistance
provided under the contract for project-based
assistance for the covered project.
``(B) Covered project.--The term `covered project'
means any housing that--
``(i) consists of more than 4 dwelling
units;
``(ii) is covered in whole or in part by a
contract for project-based assistance under--
``(I) the new construction or
substantial rehabilitation program
under section 8(b)(2) of the United
States Housing Act of 1937 (as in
effect before October 1, 1983),
``(II) the property disposition
program under section 8(b) of the
United States Housing Act of 1937,
``(III) the moderate rehabilitation
program under section 8(e)(2) of the
United States Housing Act of 1937 (as
in effect before October 1, 1991);
``(IV) the loan management
assistance program under section 8 of
the United States Housing Act of 1937,
``(V) section 23 of the United
States Housing Act of 1937 (as in
effect before January 1, 1975),
``(VI) the rent supplement program
under section 101 of the Housing and
Urban Development Act of 1965, or
``(VII) section 8 of the United
States Housing Act of 1937, following
conversion from assistance under
section 101 of the Housing and Urban
Development Act of 1965,
which contract will (under its own terms)
expire during the period consisting of fiscal
years 2000 through 2004; and
``(iii) is not housing for which residents
are eligible for enhanced voucher assistance as
provided under the `Preserving Existing Housing
Investment' account in the Departments of
Veterans Affairs and Housing and Urban
Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204;
110 Stat. 2884), pursuant to such provision or
any other subsequently enacted provision of
law.
``(C) Covered resident.--The term `covered
resident' means a family who--
``(i) is an elderly family or a disabled
family (as such terms are defined in section
3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)); and
``(ii) upon the date of the expiration of
the contract for project-based assistance for a
covered project, is residing in an assisted
dwelling unit in the covered project.
``(D) Low-vacancy area.--The term `low-vacancy
area' means an area that, in the determination of the
Secretary, has an inadequate supply of habitable,
affordable housing for low-income families using
tenant-based assistance.
``(4) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years 2000,
2001, 2002, 2003, and 2004 such sums as may be necessary for enhanced
voucher assistance under this subsection.''.
SEC. 4. RENEWAL OF SECTION 8 CONTRACTS.
(a) In General.--Paragraph (1) of section 524(a) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended--
(1) in the first sentence, by striking `` at rent levels
that do not exceed comparable market rents for the market
area''; and
(2) in the last sentence, by striking the period at the end
and inserting the following: ``and, in the case of expiring
contracts, if provided shall be provided at rent levels that
are--
``(A) equal to 90 percent of comparable market
rents for the market area, in the case of a project
having rent levels under the expiring contract that do
not exceed 90 percent of such comparable market rents;
``(B) equal to the existing rents under the
expiring contract, in the case of a project having rent
levels under the expiring contract that exceed 90
percent of comparable market rents for the market area
but do not exceed such comparable market rents; and
``(C) equal to comparable market rents for the
market area, in the case of a project that is not
eligible for mortgage restructuring under this title
and has rent levels under the expiring contract that
exceed such comparable market rents.''.
(b) Conforming Amendment.--Section 524(a)(2) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended--
(1) in subparagraph (C), by inserting ``and'' after the
semicolon at the end;
(2) in subparagraph (D), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (E).
SEC. 5. ELIGIBLE PURPOSES OF INTEREST REDUCTION PAYMENT GRANTS.
(a) Eligible Purposes.--Section 236(s)(3) of the National Housing
Act (12 U.S.C. 1715z-1(s)(3)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end:
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) refinancing of the mortgage on the project.''
SEC. 6. RETENTION OF EXCESS INCOME FOR SECTION 236 PROJECTS.
The last sentence of section 236(g) of the National Housing Act (12
U.S.C. 1715z-1(g)) is amended by striking ``an owner of a project'' and
all that follows through ``subsection (b),'' and inserting ``the
project owner''. | Emergency Resident Protection Act of 1999 - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to provide enhanced vouchers for residents of projects with expiring contracts under section 8 of the United States Housing Act of 1937. Authorizes specified appropriations.
Sets forth expiring contract renewal rates based upon comparable market rents.
Authorizes interest reduction payments for project mortgage refinancing.
Amends the National Housing Act to authorize project owners under the rental and cooperative housing program to retain excess income. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Advanced
Cybersecurity Enhancements Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Small businesses represent more than 97 percent of
total businesses in the United States and make up an essential
part of the supply chain to some of the largest companies, many
of which are in critical infrastructure sectors, from financial
and transportation organizations to power, water, and
healthcare suppliers.
(2) Many small businesses do not have dedicated information
technology (``IT'') departments and must outsource IT functions
or assign these duties to an employee as a secondary function.
(3) The Internet Crime Complaint Center within the United
States Department of Justice recorded 298,728 cybersecurity-
related complaints in its 2016 report.
(4) There has been steady increases of cybersecurity-
related complaints year over year since the year 2000, totaling
3,762,348.
(5) Seventy-one percent of cyber attacks occurred in
businesses with fewer than 100 employees.
(6) Only 14 percent of small- and medium-sized businesses
believe they have the ability to effectively mitigate cyber
risks and vulnerabilities.
(7) Small businesses risk theft and manipulation of
sensitive data if they lack adequate cybersecurity measures.
(8) The Better Business Bureau found that half of small
businesses could remain profitable for only one month if they
lost essential data.
(9) Cyber crime is growing rapidly and the annual costs to
the global economy are estimated to reach over
$2,000,000,000,000 by 2019.
(10) Cybersecurity is a global challenge where the security
threat, attacks, and techniques continually evolve and no
company, individual, or Federal agency is immune from these
threats.
(11) Strong collaboration between the public and private
sector is essential in the fight against cyber crime.
(12) There is a reluctance among small businesses to
voluntarily share information with government entities, and the
Federal Government should work proactively to incentivize and
encourage voluntary information sharing to improve the Nation's
cybersecurity posture.
SEC. 3. ENHANCED CYBERSECURITY ASSISTANCE AND PROTECTIONS FOR SMALL
BUSINESSES.
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is
amended by adding at the end the following new paragraph:
``(9) Small business cybersecurity assistance and
protections.--
``(A) Establishment of small business cybersecurity
assistance units.--The Administrator of the Small
Business Administration, in coordination with the
Secretary of Commerce, and in consultation with the
Secretary of Homeland Security and the Attorney
General, shall establish--
``(i) in the Administration, a central
small business cybersecurity assistance unit;
and
``(ii) within each small business
development center, a regional small business
cybersecurity assistance unit.
``(B) Duties of the central small business
cybersecurity assistance unit.--
``(i) In general.--The central small
business cybersecurity assistance unit
established under subparagraph (A)(i) shall
serve as the primary interface for small
business concerns to receive and share cyber
threat indicators and defensive measures with
the Federal Government.
``(ii) Use of capability and processes.--
The central small business cybersecurity
assistance unit shall use the capability and
process certified pursuant to section
105(c)(2)(A) of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1504(c)(2)(A)) to
receive cyber threat indicators or defensive
measures from small business concerns.
``(iii) Application of cisa.--A small
business concern that receives or shares cyber
threat indicators and defensive measures with
the Federal Government through the central
small business cybersecurity assistance unit
established under subparagraph (A)(i), or with
any appropriate entity pursuant to section
103(c) of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1503(c)), shall receive
the protections and exemptions provided in such
Act and this paragraph.
``(C) Relation to nccic.--
``(i) Central small business cybersecurity
assistance unit.--The central small business
cybersecurity assistance unit established under
subparagraph (A)(i) shall be collocated with
the national cybersecurity and communications
integration center.
``(ii) Access to information.--The national
cybersecurity and communications integration
center shall have access to all cyber threat
indicators or defensive measures shared with
the central small cybersecurity assistance unit
established under subparagraph (A)(i) through
the use of the capability and process described
in subparagraph (B)(ii).
``(D) Cybersecurity assistance for small
businesses.--The central small business cybersecurity
assistance unit established under subparagraph (A)(i)
shall--
``(i) work with each regional small
business cybersecurity assistance unit
established under subparagraph (A)(ii) to
provide cybersecurity assistance to small
business concerns;
``(ii) leverage resources from the
Administration, the Department of Commerce, the
Department of Homeland Security, the Department
of Justice, the Department of the Treasury, the
Department of State, and any other Federal
department or agency the Administrator
determines appropriate, in order to help
improve the cybersecurity posture of small
business concerns;
``(iii) coordinate with the Department of
Homeland Security to identify and disseminate
information to small business concerns in a
form that is accessible and actionable by small
business concerns;
``(iv) coordinate with the National
Institute of Standards and Technology to
identify and disseminate information to small
business concerns on the most cost-effective
methods for implementing elements of the
cybersecurity framework of the National
Institute of Standards and Technology
applicable to improving the cybersecurity
posture of small business concerns;
``(v) seek input from the Office of
Advocacy of the Administration to ensure that
any policies or procedures adopted by any
department, agency, or instrumentality of the
Federal Government do not unduly add regulatory
burdens to small business concerns in a manner
that will hamper the improvement of the
cybersecurity posture of such small business
concerns; and
``(vi) leverage resources and relationships
with representatives and entities involved in
the national cybersecurity and communications
integration center to publicize the capacity of
the Federal Government to assist small business
concerns in improving cybersecurity practices.
``(E) Enhanced cybersecurity protections for small
businesses.--
``(i) In general.--Notwithstanding any
other provision of law, no cause of action
shall lie or be maintained in any court against
any small business concern, and such action
shall be promptly dismissed, if such action
related to or arises out of--
``(I) any activity authorized under
this paragraph or the Cybersecurity
Information Sharing Act of 2015 (6
U.S.C. 1501 et seq.); or
``(II) any action or inaction in
response to any cyber threat indicator,
defensive measure, or other information
shared or received pursuant to this
paragraph or the Cybersecurity
Information Sharing Act of 2015 (6
U.S.C. 1501 et seq.).
``(ii) Application.--The exception provided
in section 105(d)(5)(D)(ii)(I) of the
Cybersecurity Information Sharing Act of 2015
(6 U.S.C. 1504(d)(5)(D)(ii)(I)) shall not apply
to any cyber threat indicator or defensive
measure shared or received by small business
concerns pursuant to this paragraph or the
Cybersecurity Information Sharing Act of 2015
(6 U.S.C. 1501 et seq.).
``(iii) Rule of construction.--Nothing in
this subparagraph shall be construed to affect
the applicability or merits of any defense,
motion, or argument in any cause of action in a
court brought against an entity that is not a
small business concern.
``(F) Definitions.--In this paragraph:
``(i) CISA definitions.--The terms `cyber
threat indicator' and `defensive measure' have
the meanings given such terms in section 102 of
the Cybersecurity Information Sharing Act of
2015 (6 U.S.C. 1501).
``(ii) National cybersecurity and
communications integration center.--The term
`national cybersecurity and communications
integration center' means the national
cybersecurity and communications integration
center established under section 227 of the
Homeland Security Act of 2002 (6 U.S.C.
148).''.
SEC. 4. PROHIBITION ON NEW APPROPRIATIONS.
(a) In General.--No additional funds are authorized to be
appropriated to carry out this Act and the amendments made by this Act.
(b) Existing Funding.--This Act and the amendments made by this Act
shall be carried out using amounts made available under section
21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C.
648(a)(4)(viii)).
(c) Technical and Conforming Amendment.--Section 21(a)(4)(C)(viii)
of the Small Business Act (15 U.S.C.648(a)(4)(C)(viii)) is amended to
read as follows:
``(viii) Limitation.--
``(I) Cybersecurity assistance.--
From the funds appropriated pursuant to
clause (vii), the Administration shall
reserve not less than $1,000,000 in
each fiscal year to develop
cybersecurity assistance units at small
business development centers under
paragraph (9).
``(II) Portable assistance.--
``(aa) In general.--Any
funds appropriated pursuant to
clause (vii) that are remaining
after reserving amounts under
subclause (I) may be used for
portable assistance for startup
and sustainability non-matching
grant programs to be conducted
by eligible small business
development centers in
communities that are
economically challenged as a
result of a business or
government facility down sizing
or closing, which has resulted
in the loss of jobs or small
business instability.
``(bb) Grant amount and
use.--A non-matching grant
under this subclause shall not
exceed $100,000, and shall be
used for small business
development center personnel
expenses and related small
business programs and
services.''. | Small Business Advanced Cybersecurity Enhancements Act of 2017 This bill amends the Small Business Act to direct the Small Business Administration in coordination with the Department of Commerce to create a central small business cybersecurity assistance unit and small business cybersecurity assistance units in each small business development center. The units shall serve as the primary interface for small business concerns to receive and share cyber threat indicators and defensive measures with the federal government. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highways Bettering the Economy and
Environment Pollinator Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The roadside vegetation management practices of both
State governments and the Federal Government aim to secure
motorist safety, reduce the presence of noxious weeds, and
stabilize the soil.
(2) Federal and State highway departments are facing severe
budget shortfalls.
(3) Native forbs and grasses are less likely to encroach
onto roads than invasive species, such as kudzu.
(4) Integrated vegetation management practices will reduce
the cost of maintaining roadside vegetation.
(5) Native forbs and grasses are best adapted to local
conditions and thus require less active management, reducing
the need to replant, weed, and mow the areas adjacent to the
road.
(6) Pollinators, such as native bees, honey bees, birds,
bats, Monarch butterflies, and other butterflies, are suffering
drastic population loss due in part to loss of habitat and
forage.
(7) Pollinators are vital for American agriculture.
Responsible for 1 out of every 3 bites of food we eat, a
diverse pollinator population is necessary for maintaining the
diversity of our plant life and food supply.
(8) Studies have shown supporting native forbs and grasses
along the roadside can be beneficial to the pollinator
population by providing migratory corridors and habitat and
forage connectivity and by helping such populations adapt to
climate change.
(9) Plantings of noninvasive, locally appropriate milkweed
species can create migratory way stations for the endangered
Monarch butterfly and to facilitate migrations of other
pollinators.
(10) Enhancing pollinator populations on rights-of-way can
result in improved pollination services for neighboring lands,
including agriculture and wildlife ecosystems.
(11) Highway rights-of-way managed by States represent 17
million acres of pollinator habitat conservation opportunity,
and similar opportunities and benefits exist on other
transportation rights-of-way.
SEC. 3. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR HABITAT AND
FORAGE ON TRANSPORTATION RIGHTS-OF-WAY.
(a) In General.--Section 319 of title 23, United States Code, is
amended--
(1) in subsection (a) by striking ``beauty adjacent'' and
inserting ``beauty (including the enhancement of habitat and
forage for pollinators) adjacent''; and
(2) by adding at the end the following:
``(c) Encouragement of Pollinator Habitat and Forage Development
and Protection on Transportation Rights-of-Way.--In carrying out any
program administered by the Secretary, the Secretary shall, in
conjunction with willing States, as appropriate--
``(1) conduct or encourage integrated vegetation management
practices on roadsides and other transportation rights-of-way,
including reduced mowing;
``(2) enhance the development of habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses, including
noninvasive, native milkweed species that can serve as
migratory way stations for the endangered Monarch butterfly and
to facilitate migrations of other pollinators.
``(3) encourage leveraging through partnerships and
coordination with stakeholders in support of pollinators and
plantings of native forbs and grasses, such as environmental
groups, research institutions, other agencies, businesses, and
community organizations; and
``(4) conduct or facilitate research and demonstration
projects on the economic and environmental benefits and best
practices for integrated vegetation management, reduced mowing,
and plantings of native forbs and grasses for pollinator
habitat, forage, and migratory way stations for Monarch
butterflies and other migrating pollinators.''.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary of Transportation shall transmit to Congress
a report that includes--
(1) an analysis of current programs and authorities
available to carry out section 319(c) of title 23, United
States Code;
(2) a summary of programs and authorities being used to
implement such section;
(3) an assessment of actions being taken by willing State
transportation departments and other managers of transportation
rights-of-way to implement integrated vegetation management
practices, reduce mowing, and enhance habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses and migratory way
stations for Monarch butterflies and other migrating
pollinators; and
(4) any recommendations for further action.
SEC. 4. PROVISION OF HABITAT, FORAGE, AND MIGRATORY WAY STATIONS FOR
MONARCH BUTTERFLIES, OTHER NATIVE POLLINATORS, AND HONEY
BEES.
Section 329(a)(1) of title 23, United States Code, is amended by
inserting ``provision of habitat, forage, and migratory way stations
for Monarch butterflies, other native pollinators, and honey bees,''
before ``and aesthetic enhancement''. | Highways Bettering the Economy and Environment Pollinator Protection Act - Authorizes as an eligible project cost for the construction of a federal-aid highway the cost of improving habitat and forage for pollinators (i.e. bees, birds, bats, Monarch butterflies, and other butterflies) on rights-of-way adjacent to such highways. Directs the Secretary of Transportation (DOT), in conjunction with willing states, to carry out programs that encourage: (1) integrated vegetation management practices on roadsides and other transportation rights-of-ways, including reduced mowing; (2) the development of habitat and forage for pollinators through planting of native forbs and grasses, including noninvasive, native milkweed species; and (3) research and demonstration projects on economic and environmental benefits and best practices for integrated vegetation management, reduced mowing, and planting of native forbs and grasses for pollinator habitat, forage, and migratory way stations for Monarch butterflies and other migrating pollinators. Authorizes the use of federal funds for the provision of habitat, forage, and migratory way stations for Monarch butterflies, other native pollinators, and honey bees that is related to a federally-funded transportation project. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating the Pakistani Taliban Act
of 2010''.
SEC. 2. DESIGNATION OF PAKISTANI TALIBAN AS FOREIGN TERRORIST
ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) The Pakistani Taliban is a murderous organization that
has taken credit for terrorist acts committed on United States
soil. Since 2001, the Pakistani Taliban has committed
atrocities aimed at nongovernmental organization workers,
government officials, law enforcement officials, and other
innocent civilians.
(2) The Government of Pakistan implicated the Pakistani
Taliban network in the December 2007 assassination of Benazir
Bhutto, and, in January 2008, the Central Intelligence Agency
also confirmed its belief in the involvement of the Pakistani
Taliban in the assassination.
(3) In a video recorded in April 2010, a representative of
the Pakistani Taliban indicated that the organization would
make cities in the United States a ``main target''.
(4) The Pakistani Taliban has made efforts to combine
forces with al Qaeda and other terrorist groups, threatening to
extend their reach and murderous acts. Despite unified efforts
to degrade their capabilities, the Pakistani Taliban have
managed to expand their deadly influence through alliances with
a number of other militant groups, terrorist organizations, and
independent terrorist cells under their control.
(5) On May 4, 2010, Faisal Shahzad was charged in the
failed Times Square bombing on May 1, 2010, and was indicted on
10 terrorism and weapons charges including attempted use of a
weapon of mass destruction. According to the indictment, the
Pakistani Taliban provided Shahzad with training and money for
his planned attack.
(6) The Pakistani Taliban is eligible for designation as a
foreign terrorist organization pursuant to section 219(a) of
the Immigration and Nationality Act (8 U.S.C. 1189(a)) given
its engagement in terrorist activities and the threat it poses
to the national security of the United States.
(7) Designation of the Pakistani Taliban as a foreign
terrorist organization would have several consequences, which
would be in the national security interest of the United
States. The consequences are as follows:
(A) It would be unlawful for a person in the United
States or subject to the jurisdiction of the United
States to knowingly provide material support or
resources to the Pakistani Taliban, including any
property, tangible or intangible, or service, including
currency or monetary instruments or financial
securities, financial services, lodging, training,
expert advice or assistance, safehouses, false
documentation or identification, communications
equipment, facilities, weapons, lethal substances,
explosives, or personnel.
(B) Representatives and members of the Pakistani
Taliban who are aliens would be inadmissible to and, in
certain circumstances, removable from the United
States.
(C) Any United States financial institution that
becomes aware that it has possession of or control over
funds in which the Pakistani Taliban or its agent has
an interest would be required to retain possession of
or control over the funds and report the funds to the
Office of Foreign Assets Control of the Department of
the Treasury.
(8) Designation of the Pakistani Taliban as a foreign
terrorist organization would--
(A) support efforts of the United States Government
to curb terrorism financing and encourage other nations
to do the same;
(B) stigmatize and isolate the Pakistani Taliban
internationally;
(C) deter donations or contributions to and
economic transactions with the Pakistani Taliban; and
(D) heighten public awareness and knowledge of the
Pakistani Taliban.
(b) Designation.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
designate the Pakistani Taliban as a foreign terrorist
organization under section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(2) Administrative record not required.--The requirements
of paragraph (3) of section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)(3)) shall not apply to the
designation under this subsection. | Combating the Pakistani Taliban Act of 2010 - Directs the Secretary of State to designate the Pakistani Taliban as a foreign terrorist organization under the Immigration and Nationality Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending VA Claims Disability Backlog
and Accountability Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Secretary of Veterans Affairs is statutorily
obligated to provide to individuals who served in the Armed
Forces and sustained an injury as a direct result of such
service with health care, disability compensation, and related
resources.
(2) Disability compensation payments are intended to
provide relief for some of the socioeconomic and other losses
veterans experience as a result of service-connected diseases
and injuries.
(3) A recent review by the Government Accountability Office
found that the backlog of disability claims at the Department
of Veterans Affairs has more than tripled since 2009 and the
average length of time to complete a claim has increased from
161 days in 2009 to 260 days in 2012.
(4) In August 2012, approximately 568,043 claims or two-
thirds of all compensation rating claims are backlogged.
(5) The Government Accountability Office found that delays
in obtaining service and medical records for veterans who
served in the National Guard or Reserve is a significant factor
in lengthening the claims process for these veterans even
though they make up 43 percent of veterans who served during
the Global War on Terrorism.
(6) The Government Accountability Office found that if a
veteran submits a disability claim and reports receiving
disability benefits from the Social Security Administration,
the Department of Veterans Affairs is required to help the
veteran obtain relevant Federal records, including medical
records from the Social Security Administration to process the
claim.
(7) There is an interagency agreement between the
Department of Veterans Affairs and the Social Security
Administration, but the protocols of the Department and the
response time of the Administration can take a year before the
Department has obtained the requested information.
(8) The Government Accountability Office found that
approximately 50 percent of claims processing staff have been
in their current role for less than two years and are not yet
proficient in their duties requiring supervision and review
from more experienced claims processing staff, diverting them
from their claims processing responsibilities.
(9) Veterans and their families have already selflessly and
willingly sacrificed for our nation and faced numerous
hardships; they should not have to continue to face undue and
avoidable hardships after their service as they seek the
benefits they earned.
(10) On March 24, 2013, the Secretary of Veterans Affairs
Eric K. Shinseki stated in an interview on State of the Union
television show, ``no veteran should have to wait for claims as
they are today. We have a fix for this. We're open for
business. And we will end the backlog in 2015.''.
(11) On April 15, 2013, the Secretary, in written testimony
before the Committee on Veterans' Affairs of the Senate, again
stated that the ``VA remains focused on eliminating the
disability claims backlog in 2015 and processing all claims
within 125 days at a 98-percent accuracy level.''.
(12) On April 19, 2013, the Secretary again stated in a New
York Times article titled ``V.A. Aims to Reduce Its Backlog of
Claims'', that the Department will ``eliminate the backlog by
2015.''.
(13) Numerous congressional inquiries for progress reports
and detailed information regarding the disability claims
backlog remain unanswered, while the Secretary continues to
state the claims backlog will be eliminated by 2015, claims
processing accuracy will be increased to 98 percent, and claims
processing will take no longer than 125 days as a direct result
of the ``Strategic Plan to Eliminate the Compensation Claims
Backlog'' of the Department.
(14) The Government Accountability Office found that the
``Strategic Plan to Eliminate the Compensation Claims Backlog''
of the Department does not adequately articulate how the
Department will meet its goals, and planning documents that the
Department provided does not meet the established criteria of
the Government Accountability Office for sound planning,
potentially leading to concerns about the ability of the
Department to reduce claims backlogs.
SEC. 3. TIMELINE AND METRICS TO RESOLVE BACKLOG OF DISABILITY CLAIMS.
(a) Implementation of Strategic Plan To Eliminate the Compensation
Claims Backlog.--The Secretary of Veterans Affairs shall implement the
Strategic Plan to Eliminate the Compensation Claims Backlog, published
by the Secretary on January 25, 2013, to ensure that by Memorial Day
(May 25), 2015, each claim for disability compensation under the laws
administered by the Secretary (in this Act referred to as a ``claim'')
is approved or denied by not later than 125 days after the date on
which the claim is submitted with an accuracy rate of 98 percent.
(b) Supplemental Report.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to Congress a supplemental report to the Strategic Plan to
Eliminate the Compensation Claims Backlog that includes the following:
(1) Specific measures, procedures, and metrics to assess
the implementation of the plan pursuant to subsection (a).
(2) A detailed timeline to implement each initiative
contained in the Strategic Plan to Eliminate the Compensation
Claims Backlog.
SEC. 4. EXPEDITION OF TRANSFER OF CERTAIN RECORDS.
(a) SSA Records.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall enter
into an agreement with the Commissioner of the Social Security
Administration to ensure that the Commissioner transfers to the
Secretary disability or medical records of the Commissioner that the
Secretary will use to evaluate a claim by not later than 30 days after
the Secretary requests such records.
(b) DOD Records.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall enter
into an agreement with the Secretary of Defense to ensure that the
Secretary of Defense transfers to the Secretary of Veterans Affairs
medical records of members or former members of the Armed Forces that
the Secretary will use to evaluate a claim by not later than 30 days
after the Secretary requests such records.
(c) National Guard Records.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs and the
Secretary of Defense shall jointly--
(1) submit to Congress a plan to reduce to 30 days the
amount of time needed to provide members of the National Guard
and the Secretary of Veterans Affairs with the medical records
of such members, including by partnering with appropriate
officials of Federal or State departments or agencies; and
(2) implement such plan.
SEC. 5. CLAIMS PROCESSORS TRAINING.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish a training program to provide newly hired claims processors
of the Department of Veterans Affairs with training for a period of not
less than three years. In carrying out such program, the Secretary
shall identify successful claims processors of the Department who can
assist in the training of newly hired claims processors.
(b) Ability to Process Claims.--The Secretary shall carry out the
training program established under subsection (a) without increasing
the amount of time in which claims are processed by the Department.
SEC. 6. REPORTS BY COMPTROLLER GENERAL OF THE UNITED STATES.
(a) Reports.--Not later than 90 days after the date of the
enactment of this Act, and each 90-day period thereafter, the
Comptroller General of the United States shall submit to Congress a
report on the progress of the Secretary of Veterans Affairs in
implementing the Strategic Plan to Eliminate the Compensation Claims
Backlog pursuant to section 3(a).
(b) Matters Included.--Each report under subsection (a) shall
include the following:
(1) Whether the Secretary is meeting the timeline of the
Strategic Plan to Eliminate the Compensation Claims Backlog.
(2) An analysis of the implementation by the Secretary of
such plan.
(3) Administrative or regulatory recommendations of the
Comptroller General with respect to improving the ability of
the Secretary to carry out section 3(a). | Ending VA Claims Disability Backlog and Accountability Act - Directs the Secretary of Veterans Affairs (VA) to implement the Strategic Plan to Eliminate the Compensation Claims Backlog (Plan) to ensure that, by Memorial Day (May 25) 2015, each VA disability claim is approved or denied within 125 days after its submission, with an accuracy rate of 98%. Requires a supplemental report from the Secretary to Congress on specific measures to assess implementation of the Plan and a detailed timeline to implement each initiative contained in the Plan. Directs the Secretary to enter into agreements with the Commissioner of the Social Security Administration and the Secretary of Defense (DOD) to ensure that such Commissioner and DOD Secretary transfer to the VA disability or medical records the VA Secretary will use to evaluate a disability claim by not later than 30 days after the VA Secretary requests such records. Requires the two Secretaries to submit to Congress, and implement, a plan to reduce to 30 days the time needed to provide members of the National Guard and the VA Secretary with the medical records of such members. Requires the VA Secretary to establish a three-year training program for newly-hired VA claims processors. Directs the Comptroller General to report to Congress every 90 days on the Secretary's progress in implementing the Plan. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saint Helena Island National Scenic
Area Act''.
SEC. 2. ESTABLISHMENT OF SAINT HELENA ISLAND NATIONAL SCENIC AREA,
MICHIGAN.
(a) Purpose.--The purposes of this Act are--
(1) to preserve and protect for present and future
generations the outstanding resources and values of Saint
Helena Island in Lake Michigan, Michigan; and
(2) to provide for the conservation, protection, and
enhancement of primitive recreation opportunities, fish and
wildlife habitat, vegetation, and historical and cultural
resources of the island.
(b) Establishment.--For the purposes described in subsection (a),
there shall be established the Saint Helena Island National Scenic Area
(in this Act referred to as the ``scenic area'').
(c) Effective Upon Conveyance.--Subsection (b) shall be effective
upon conveyance of satisfactory title to the United States of the whole
of Saint Helena Island, except that portion conveyed to the Great Lakes
Lighthouse Keepers Association pursuant to section 1001 of the Coast
Guard Authorization Act of 1996 (Public Law 104-324; 110 Stat. 3948).
SEC. 3. BOUNDARIES.
(a) Saint Helena Island.--The scenic area shall comprise all of
Saint Helena Island, in Lake Michigan, Michigan, and all associated
rocks, pinnacles, islands, and islets within one-eighth mile of the
shore of Saint Helena Island.
(b) Boundaries of Hiawatha National Forest Extended.--Upon
establishment of the scenic area, the boundaries of the Hiawatha
National Forest shall be extended to include all of the lands within
the scenic area. All such extended boundaries shall be deemed
boundaries in existence as of January 1, 1965, for the purposes of
section 8 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9).
(c) Payments to Local Governments.--Solely for purposes of payments
to local governments pursuant to section 6902 of title 31, United
States Code, lands acquired by the United States under this Act shall
be treated as entitlement lands.
SEC. 4. ADMINISTRATION AND MANAGEMENT.
(a) Administration.--Subject to valid existing rights, the
Secretary of Agriculture (in this Act referred to as the ``Secretary'')
shall administer the scenic area in accordance with the laws, rules,
and regulations applicable to the National Forest System in furtherance
of the purposes of this Act.
(b) Special Management Requirements.--Within 3 years of the date of
the enactment of this Act, the Secretary shall seek to develop a
management plan for the scenic area as an amendment to the land and
resources management plan for the Hiawatha National Forest. Such an
amendment shall conform to the provisions of this Act. Nothing in this
Act shall require the Secretary to revise the land and resource
management plan for the Hiawatha National Forest pursuant to section 6
of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604). In developing a plan for management of the scenic
area, the Secretary shall address the following special management
considerations:
(1) Public access.--Alternative means for providing public
access from the mainland to the scenic area shall be
considered, including any available existing services and
facilities, concessionaires, special use permits, or other
means of making public access available for the purposes of
this Act.
(2) Roads.--After the date of the enactment of this Act, no
new permanent roads shall be constructed within the scenic
area.
(3) Vegetation management.--No timber harvest shall be
allowed within the scenic area, except as may be necessary in
the control of fire, insects, and diseases, and to provide for
public safety and trail access. Notwithstanding the foregoing, the
Secretary may engage in vegetation manipulation practices for
maintenance of wildlife habitat and visual quality. Trees cut for these
purposes may be utilized, salvaged, or removed from the scenic area as
authorized by the Secretary.
(4) Motorized travel.--Motorized travel shall not be
permitted within the scenic area, except on the waters of Lake
Michigan, and as necessary for administrative use in
furtherance of the purposes of this Act.
(5) Fire.--Wildfires shall be suppressed in a manner
consistent with the purposes of this Act, using such means as
the Secretary deems appropriate.
(6) Insects and disease.--Insect and disease outbreaks may
be controlled in the scenic area to maintain scenic quality,
prevent tree mortality, or to reduce hazards to visitors.
(7) Dockage.--The Secretary shall provide through
concession, permit, or other means docking facilities
consistent with the management plan developed pursuant to this
section.
(8) Safety.--The Secretary shall take reasonable actions to
provide for public health and safety and for the protection of
the scenic area in the event of fire or infestation of insects
or disease.
(c) Consultation.--In preparing the management plan, the Secretary
shall consult with appropriate State and local government officials,
provide for full public participation, and consider the views of all
interested parties, organizations, and individuals.
SEC. 5. FISH AND GAME.
Nothing in this Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Michigan with respect
to fish and in the scenic area.
SEC. 6. MINERALS.
Subject to valid existing rights, the lands within the scenic area
are hereby withdrawn from disposition under all laws pertaining to
mineral leasing, including all laws pertaining to geothermal leasing.
Also subject to valid existing rights, the Secretary shall not allow
any mineral development on federally owned land within the scenic area,
except that common varieties of minerals materials, such as stone and
gravel, may be utilized only as authorized by the Secretary to the
extent necessary for construction and maintenance of roads and
facilities within the scenic area.
SEC. 7. ACQUISITION
(a) Acquisition of Lands Within the Scenic Area.--The Secretary
shall acquire, by purchase from willing sellers, gift, or exchange,
lands, waters, structures, or interests therein, including scenic or
other easements, within the boundaries of the scenic area to further
the purposes of this Act.
(b) Acquisition of Other Lands.--The Secretary may acquire, by
purchase from willing sellers, gift, or exchange, not more than 10
acres of land, including any improvements thereon, on the mainland to
provide access to any administrative facilities for the scenic area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Acquisition of Lands.--There are hereby authorized to be
appropriated such sums a may be necessary for the acquisition of land,
interests in land, or structures within the scenic area and on the
mainland as provided in section 7.
(b) Other Purposes.--In addition to the amounts authorized to be
appropriated under subsection (a), there are authorized to be
appropriated such sums as may be necessary for the development and
implementation of the management plan under section 4(b). | Requires the boundaries of the Hiawatha National Forest to be extended to include such Area. Requires lands acquired by the United States under this Act to be treated as entitlement lands solely for purposes of payments in lieu of taxes to local governments.
Requires the Secretary of Agriculture to seek to develop a management plan for the Area as an amendment to the Land and Resources Management Plan for the Hiawatha National Forest.
Provides that nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of Michigan with respect to fish in the Area.
Withdraws the lands within the Area from disposition under U.S. mineral and geothermal leasing laws. Prohibits the Secretary from allowing any mineral development on federally-owned land within the Area, except for construction and maintenance of roads and facilities within the Area.
Allows the Secretary to acquire: (1) land and structures within the Area to further the purposes of this Act; and (2) not more than ten acres of land (and improvements) on the mainland to provide access to, and administrative facilities for, the Area.
Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refueling Assistance Act of 2015''.
SEC. 2. STUDY ON MOTOR VEHICLE REFUELING ASSISTANCE FOR QUALIFIED
INDIVIDUALS WITH DISABILITIES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Transportation (in this Act
referred to as the ``Secretary''), in consultation with the Attorney
General, shall conduct a study on motor vehicle refueling assistance to
qualified individuals with disabilities.
(b) Subject Matter.--The study required by subsection (a) shall
address the following:
(1) The adequacy of Federal regulations and guidance in
effect at the time the study is conducted to enable qualified
individuals with disabilities to receive motor vehicle
refueling assistance in a safe, timely, convenient, and
consistent manner.
(2) Data on the practices of gas stations for providing
motor vehicle refueling assistance to qualified individuals
with disabilities.
(3) Measures available to gas stations to improve motor
vehicle refueling assistance for qualified individuals with
disabilities, including an assessment of the cost and
feasibility of implementing such measures, taking into account
variations in the equipment and technology used by gas stations
at the time of the study.
(4) The extent to which the location of gas stations in
rural or urban areas affects the measures available to such gas
stations to improve motor vehicle refueling assistance for
qualified individuals with disabilities.
(5) The feasibility of requiring gas stations to install a
freestanding device operable with a closed fist and reachable
from inside a motor vehicle (referred to in this subsection as
a ``calling device'') to be used by a qualified individual with
a disability to alert a station attendant that such individual
requires motor vehicle refueling assistance, including an
assessment of--
(A) the extent to which the installation of a
calling device would improve the ability of qualified
individuals with disabilities to receive motor vehicle
refueling assistance in a safe, timely, convenient, and
consistent manner;
(B) the measures necessary to ensure that a calling
device be designed and installed in accordance with all
accessibility guidelines for public accommodations
under title III of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12181 et seq.);
(C) the need for appropriate signage at gas
stations--
(i) that clearly identifies the purpose of
a calling device and the hours during which
motor vehicle refueling assistance is available
through use of the device; and
(ii) that is clearly visible to a qualified
individual with a disability inside a motor
vehicle in the refueling area of a gas station;
(D) the cost to a gas station to install and
maintain a calling device and the burden of such cost
on small and large gas stations; and
(E) funding opportunities to offset the cost of
installing calling devices, including grant programs
and new or existing tax credits.
(6) Methods of disseminating information relating to the
availability of motor vehicle refueling assistance in
consultation with State officials, including the use of
Internet-based and smart phone technology to allow individuals
to search by location for gas stations with operable calling
devices.
(c) Consultation With Interested Parties.--In conducting the study
required by subsection (a), the Secretary shall consult with groups
representing individuals with disabilities, groups representing
veterans, gas station owners, and other interested parties.
SEC. 3. REPORT TO CONGRESS.
Not later than 90 days after completing the study required by
section 2(a), the Secretary, in consultation with the Attorney General,
shall submit to Congress a report that--
(1) summarizes the results of the study; and
(2) includes recommendations for imposing feasible and
cost-effective requirements on gas stations to improve motor
vehicle refueling assistance for qualified individuals with
disabilities.
SEC. 4. REGULATIONS.
Not later than 180 days after submitting the report required by
section 3, the Secretary, in consultation with the Attorney General,
shall promulgate any regulations that the Secretary considers necessary
to improve motor vehicle refueling assistance for qualified individuals
with disabilities, taking into account the results of the study
required by section 2(a).
SEC. 5. ENFORCEMENT.
(a) Civil Penalty.--
(1) In general.--Except as provided in subsection (b), the
Secretary may impose a civil penalty on a person that the
Secretary determines, in accordance with subchapter II of
chapter 5 of title 5, United States Code (commonly known as the
``Administrative Procedure Act''), knowingly violates the
regulations promulgated pursuant to section 4.
(2) Determination of amount of penalty.--In determining the
amount of the penalty to be imposed on a person under paragraph
(1), the Secretary shall consider the severity of the
violation, the size of the relevant business owned or operated
by the person, and the extent to which the penalty will affect
the financial viability of such business.
(b) Notice of Violation.--The Secretary may not impose a penalty on
a person for violating the regulations promulgated pursuant to section
4 unless such violation continues for more than 30 days after the date
on which the individual receives notice of the violation.
SEC. 6. QUALIFIED INDIVIDUAL WITH A DISABILITY DEFINED.
In this Act, the term ``qualified individual with a disability''
has the meaning given the term in section 201(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131). | Refueling Assistance Act of 2015 Directs the Department of Transportation (DOT) to study motor vehicle refueling assistance to qualified individuals with disabilities. Requires the DOT to report to Congress the study results and any recommendations for imposing feasible and cost-effective requirements on gas stations to improve motor vehicle refueling assistance for such individuals. Authorizes the DOT to impose a civil penalty on persons who knowingly violate any regulations issued under this Act. | billsum_train |
Condense the following text into a summary: SECTION 1. REMOVAL OF POTENTIAL NUCLEAR WEAPONS MATERIALS FROM
VULNERABLE SITES WORLDWIDE.
(a) Sense of Congress.--It is the sense of Congress that removing
potential nuclear weapons materials from vulnerable sites around the
world would reduce the possibility that such materials could fall into
the hands of al Qaeda or other groups and states hostile to the United
States, and should be a top priority for achieving the national
security of the United States.
(b) Task Force on Nuclear Material Removal.--(1) The President
shall establish in the Department of Energy a task force to be known as
the Task Force on Nuclear Material Removal (in this section referred to
as the ``Task Force'').
(2) The head of the Task Force shall be the Director of the Task
Force on Nuclear Material Removal, who shall be appointed by the
President for that purpose.
(3) The Director of the Task Force shall report directly to the
Deputy Administrator for Defense Nuclear Nonproliferation of the
National Nuclear Security Administration regarding the activities of
the Task Force under this section.
(4)(A) The Secretary of Energy, the Administrator for Nuclear
Security, and the Deputy Administrator for Defense Nuclear
Nonproliferation shall assign to the Task Force personnel having such
experience and expertise as is necessary to permit the Task Force to
carry out its mission under this section.
(B) The Secretary of Energy and the Administrator for Nuclear
Security shall jointly consult with the Assistant to the President for
National Security Affairs, the Secretary of State, the Secretary of
Defense, the Chairman of the Nuclear Regulatory Commission, the heads
of other appropriate departments and agencies of the Federal
Government, and appropriate international organizations in order to
identify and establish mechanisms and procedures to ensure that the
Task Force is able to draw quickly on the capabilities of the
departments and agencies of the Federal Government and such
international organizations to carry out its mission under this
section.
(C) Mechanisms under subparagraph (B) may include the assignment to
the Task Force of personnel of the Department of Energy and of other
departments and agencies of the Federal Government.
(5) The President may establish within the Executive Office of the
President a mechanism for coordinating the activities of the Task Force
under this section.
(c) Mission.--The mission of the Task Force shall be to ensure that
potential nuclear weapons materials are entirely removed from the most
vulnerable sites around the world as soon as practicable after the date
of the enactment of this Act.
(d) Assistance.--To assist the Task Force in carrying out its
mission under this section, the Secretary of Energy may--
(1) provide funds to remove potential nuclear weapons
materials from vulnerable sites, including funds to cover the
costs of--
(A) transporting such materials from such sites to
secure facilities;
(B) providing interim security upgrades for such
materials pending their removal from their current
sites;
(C) managing such materials after their arrival at
secure facilities;
(D) purchasing such materials;
(E) converting such sites to the use of low-
enriched uranium fuels;
(F) assisting in the closure and decommissioning of
such sites; and
(G) providing incentives to facilitate the removal
of such materials from vulnerable facilities;
(2) arrange for the shipment of potential nuclear weapons
materials to the United States, or to other countries willing
to accept such materials and able to provide high levels of
security for such materials, and dispose of such materials, in
order to ensure that United States national security objectives
are accomplished as quickly and effectively as possible; and
(3) provide funds to upgrade security and accounting at
sites where, as determined by the Secretary, potential nuclear
weapons materials will remain for an extended period in order
to ensure that such materials are secure against plausible
potential threats, and will remain so in the future.
(e) Report.--(1) Not later than 30 days after the submittal to
Congress of the budget of the President for fiscal year 2006 pursuant
to section 1105(a) of title 31, United States Code, the Secretary of
Energy, in coordination with other relevant Federal Government and
international agencies, shall submit to Congress a report that includes
the following:
(A) A list of the sites determined by the Task Force to be
of the highest priorities for removal of potential nuclear
weapons materials, based on the quantity and attractiveness of
such materials at such sites and the risk of theft or diversion
of such materials for weapons purposes.
(B) An inventory of all sites worldwide where highly-
enriched uranium or separated plutonium is located, including,
to the extent practicable, a prioritized assessment of the
terrorism and proliferation risk posed by such materials at
each such site, based on the quantity of such materials, the
attractiveness of such materials for use in nuclear weapons,
the current level of security and accounting for such
materials, and the level of threat (including the effects of
terrorist or criminal activity and the pay and morale of
personnel and guards) in the country or region where such sites
are located.
(C) A strategic plan, including measurable milestones and
metrics, for accomplishing the mission of the Task Force under
this section.
(D) An estimate of the funds required to complete the
mission of the Task Force under this section, set forth by year
until anticipated completion of the mission.
(E) The recommendations of the Secretary on whether any
further legislative actions or international agreements are
necessary to facilitate the accomplishment of the mission of
the Task Force.
(F) Such other information on the status of activities
under this section as the Secretary considers appropriate.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
(f) Potential Nuclear Weapons Material Defined.--In this section,
the term ``potential nuclear weapons material'' means plutonium,
highly-enriched uranium, or other material capable of sustaining an
explosive nuclear chain reaction, including irradiated materials if the
radiation field from such materials is not sufficient to prevent the
theft and use of such materials for an explosive nuclear chain
reaction.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Energy for fiscal year 2005 for
activities of the National Nuclear Security Administration in carrying
out programs necessary for national security for purposes of defense
nuclear nonproliferation activities, $40,000,000 to carry out this
section. | Expresses the sense of Congress that: (1) removing potential nuclear weapons materials from vulnerable sites around the world would reduce the threat that such materials would fall into the hands of al Qaeda and other groups and states hostile to the United States; and (2) such removal should be a top priority.
Directs the President to establish the Task Force on Nuclear Material Removal to ensure that such materials are entirely removed from the most vulnerable sites around the world as soon as practicable. Authorizes the Secretary of Energy to provide specified assistance to the Task Force, including funding for the cost of: (1) removing such materials, as well as arranging for their shipment to the United States or other countries willing to accept and secure them; and (2) upgrading security and accounting at sites where such materials will remain for an extended period. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Gift Card Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Gift certificate, store gift card, other prepaid
cards.--The terms ``gift certificate'', ``store gift card'',
and ``general-use prepaid card'' have the following meanings:
(A) Gift certificate.--The term ``gift
certificate'' means a written promise that is--
(i) usable at a single merchant or an
affiliated group of merchants that share the
same name, mark, or logo;
(ii) issued in a specified amount and
cannot be increased;
(iii) purchased on a prepaid basis in
exchange for payment; and
(iv) honored upon presentation by such
single merchant or affiliated group of
merchants for goods or services.
(B) Store gift card.--The term ``store gift card''
means a plastic card or other electronic payment device
that is--
(i) usable at a single merchant or an
affiliated group of merchants that share the
same name, mark, or logo;
(ii) issued in a specified amount and may
or may not be increased in value or reloaded;
(iii) purchased on a prepaid basis in
exchange for payment; and
(iv) honored upon presentation by such
single merchant or affiliated group of
merchants for goods or services.
(C) General-use prepaid card.--
(i) In general.--The term ``general-use
prepaid card'' means a card or other electronic
payment device issued by a bank or financial
institution, or by a licensed money transmitter
that is--
(I) usable at multiple,
unaffiliated merchants or service
providers, or at automated teller
machines;
(II) issued in a requested amount
whether or not that amount may be, at
the option of the issuer, increased in
value or reloaded if requested by the
holder;
(III) purchased or loaded on a
prepaid basis; and
(IV) honored, upon presentation, by
merchants for goods or services, or at
automated teller machines.
(ii) Exception.--The term ``general-use
prepaid card'' does not include a debit card
that is linked to a demand deposit or share
draft account.
(D) Exclusion.--The terms ``gift certificate'',
``store gift card'', and ``general-use prepaid card''
do not include a written promise, plastic card, or
other electronic device that is--
(i) used solely for telephone services; or
(ii) associated with a demand deposit,
checking, savings or similar account in the
name of the individual at a bank or financial
institution, and that provides payment solely
by debiting such account.
(2) Debit card.--The term ``debit card'' has the meaning
given that term under section 603(r)(3) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(r)(3)).
(3) Financial institution.--The term ``financial
institution'' has the meaning given that term under section
603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)).
(4) Dormancy fee; inactivity charge or fee.--The terms
``dormancy fee'' and ``inactivity charge or fee'' mean a fee,
charge, or penalty for non use or inactivity of a gift
certificate, store gift card, or prepaid general-use card.
(5) Service fee.--The term ``service fee'' means a periodic
fee, charge, or penalty for holding or use of a gift
certificate, store card, or prepaid general use card.
(6) Licensed money transmitter.--The term ``licensed money
transmitter'' means a person who sells or issues payment
instruments or engages in the business of receiving money for
transmission or transmitting money within the United States or
to locations abroad by any and all means, including but not
limited to payment instrument, wire, facsimile or electronic
transfer.
SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
CONNECTION WITH GIFT CARDS.
(a) Imposition of Fees or Charges.--
(1) In general.--Except as provided for in paragraphs (2),
(3), and (4) it is unlawful for any person to impose with
respect to a gift certificate, store gift card, or general-use
prepaid card a dormancy fee, inactivity charge or fee or a
service fee.
(2) Exception.--A dormancy fee, inactivity charge or fee,
or service fee described in paragraph (1) may be charged with
respect to a gift certificate, store gift card, or general-use
prepaid card if--
(A) at the time the charge or fee is assessed the
certificate or card has a remaining value of $5 or
less;
(B) the charge or fee does not exceed $1;
(C) there has been no activity with respect to the
certificate or the card for at least 24 consecutive
months;
(D) the holder of the certificate or the card may
reload or add value to the certificate or the card; and
(E) the requirements of paragraph (3) are met.
(3) Requirements.--The requirements of this paragraph are
that--
(A) the certificate or card clearly and
conspicuously states in 10-point font--
(i) that a charge or fee described in
paragraph (1) may be charged; and
(ii) the amount of the charge or fee, how
often the charge or fee may be assessed, and
that the charge or fee may be assessed for
inactivity; and
(B) the issuer of the certificate or card informs
the purchaser of the charge or the fee before the
certificate or card is purchased, regardless of whether
the certificate or card is purchased in person, over
the Internet, or by telephone.
(4) Exclusion.--The prohibitions and requirements contained
in this subsection shall not apply to gift certificates that--
(A) are distributed pursuant to an award, loyalty,
or promotional program and with respect to which there
is no money or other value exchanged; or
(B) expire not later than 30 days after the date
they are sold and are sold below the face value of the
certificate to an employer, or to a nonprofit or
charitable organization for fundraising purposes.
(b) Limitations on Expiration Date.--
(1) In general.--Except as provided in paragraph (2), it is
unlawful for any person to sell or issue a gift certificate,
store gift card, or general-use prepaid card that is subject to
an expiration date.
(2) Exceptions.--A gift certificate, store gift card, or
general-use prepaid card may contain an expiration date if the
expiration date is not less than 5 years from the date the card
is purchased. Expiration terms must be prominently disclosed in
at least 10-point font and in all capital letters.
SEC. 4. RELATION TO STATE LAWS.
The Act and any regulations or standards established pursuant to
this Act shall not supersede any State law or regulation with respect
to charges, fees, and expiration dates of gift certificates, store gift
card, or general-use prepaid cards.
SEC. 5. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of this Act
shall be treated as a 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)).
(b) Actions by the Commission.--The Federal Trade Commission shall
enforce this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act.
(c) Individual Cause of Action.--Nothing in this Act shall be
construed to limit an individual's rights to enforce a State law
relating to unfair or deceptive acts or practices. | Fair Gift Card Act - States it is unlawful for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card.
Exempts from this prohibition any such charge or fee if: (1) the certificate or card has a remaining value of $5 or less at the time the charge or fee is assessed; (2) the charge or fee does not exceed $1; (3) there has been no activity with respect to the certificate or card for at least the last 24 months; (4) the holder of the certificate or the card may reload or add value to the certificate or the card; and (5) specified charge or fee disclosure requirements have been met.
Declares it is unlawful to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date unless the date is not less than five years from the date the card is purchased and the expiration terms are prominently disclosed in specified font size and in all capital letters.
States that a violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Skilled Workforce Enhancement Act of
2001''.
SEC. 2. CREDIT FOR EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN
HIGHLY SKILLED SMALL BUSINESS TRADES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45E. EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY
SKILLED SMALL BUSINESS TRADES.
``(a) General Rule.--For purposes of section 38, in the case of a
small business employer, the highly skilled trades training credit
determined under this section for the taxable year is $15,000 for each
employee having a qualified training year ending with or within such
taxable year (whether or not such employee is an employee of the
taxpayer as of the close of such taxable year).
``(b) Definitions.--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 250 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) Qualified training year.--
``(A) In general.--The term `qualified training
year' means each year during the training period in
which the employee received at least 1,500 hours of
training (including on-the-job training and training at
multi-employer training facilities) from the taxpayer
(or any predecessor) under a qualified training program
as an apprentice in any highly skilled trade.
``(B) Highly skilled trades.--For purposes of
subparagraph (A), the term `highly skilled trades'
means--
``(i) precision machinists,
``(ii) die makers,
``(iii) mold makers,
``(iv) tool and die designers,
``(v) heating, ventilating, air
conditioning, refrigeration, and roofing
contractors,
``(vi) the trade of masonry,
``(vii) plumbers,
``(viii) pipefitters,
``(ix) patternmakers,
``(x) foundry technicians,
``(xi) electricians,
``(xii) recreational marine production and
design workers,
``(xiii) 2-way radio technicians,
``(xiv) welders,
``(xv) shipfitters,
``(xvi) propellor machinists,
``(xvii) electronic instrumentation
specialists, and
``(xviii) other highly skilled trades
specified in regulations prescribed by the
Secretary.
Such term shall not include any trade if the customary
apprenticeship period for such trade is less than 2
years.
``(C) Qualified training program.--
``(i) In general.--The term `qualified
training program' means a written plan of study
and training for individuals in, or entering
into, highly skilled trades.
``(ii) Description of programs.--A plan
under clause (i) must be a program described in
one of the following subclauses:
``(I) An apprenticeship program
registered and certified with the
Secretary of Labor under section 1 of
the National Apprenticeship Act (29
U.S.C. 50).
``(II) A program licensed,
registered, or certified by the
workforce investment board or
apprenticeship agency or council of a
State or administered in compliance
with apprenticeship laws of a State.
``(III) A program conducted by a
vocational or technical education
school, community college, or
industrial or trade training
organization.
``(IV) A program which conforms to
apprentice training programs developed
or administered by an employer trade
group or committee.
``(V) An industry sponsored or
administered program which is clearly
identified and commonly
recognized within an industry and which meets the requirements of
clause (iii).
``(iii) Requirements.--A program meets the
requirements of this clause if such program--
``(I) is accessible to individuals
without discrimination on the basis of
race, sex, color, religion, or national
origin,
``(II) provides an overview of the
trade, including the history and modern
developments in such trade,
``(III) provides related
instruction of the fundamental,
intermediate, and advanced skills,
techniques, and materials of the trade,
``(IV) provides training in math,
measurement, and blueprint reading
skills, if such skills are required in
the trade,
``(V) provides training on trade
specific tools and equipment,
``(VI) provides on-the-job training
which allows performance of work under
close supervision of an instructor or
skilled worker, and
``(VII) provides periodic review
and evaluation of participants to
demonstrate proficiency in skills,
including the use of tests and
assessment of individual and group
projects.
``(3) Training period.--The term `training period' means,
with respect to an employee, the period--
``(A) beginning on the date that the employee
begins employment with the taxpayer as an apprentice in
the highly skilled trade, and
``(B) ending on the earlier of--
``(i) the date that such apprenticeship
with the employer ends, or
``(ii) the date which is 4 years after the
date referred to in subparagraph (A).
``(c) 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.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (12), by striking the period at the end of paragraph (13) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(14) in the case of a small business employer (as defined
in section 45E(b)), the highly skilled trades training credit
determined under section 45E(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Training Expenses for Employees in Highly Skilled
Small Business Trades.--No deduction shall be allowed for that portion
of the expenses otherwise allowable as a deduction for the taxable year
which is equal to the amount of the credit determined for the taxable
year under section 45E(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45E. Expenses for long-term
training of employees in highly
skilled small business
trades.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred in the taxable years ending after
the date of the enactment of this Act. | Skilled Workforce Enhancement Act of 2001 - Amends the Internal Revenue Code to provide small employers with a highly skilled trades training credit. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Radiation Screening
Act of 2008''.
SEC. 2. MEMORANDUM OF UNDERSTANDING REGARDING ADVANCED SPECTROSCOPIC
PORTAL MONITORS.
(a) In General.--Title XIX of the Homeland Security Act of 2002 is
amended by adding at the end the following new sections:
``SEC. 1908. ADVANCED SPECTROSCOPIC PORTAL MONITORS.
``(a) Findings.--Congress finds the following:
``(1) The consequences of radiological or nuclear terrorism
would be catastrophic.
``(2) A system such as the Advanced Spectroscopic Portal
(ASP) is intended to improve the process of screening
passengers and cargo to prevent the illicit transport of
radiological and nuclear material.
``(3) A system such as the ASP can always be improved, even
after it is deployed.
``(4) There is no upper limit to the functionality that can
be incorporated into an engineering project of this magnitude.
``(5) Delaying deployment of the ASP to increase
functionality beyond what is minimally required for deployment
may limit the ability of the United States to screen passengers
and cargo for radiological and nuclear material.
``(6) There are operational differences between primary and
secondary screening procedures. Consideration should be given
to the implication these differences have on the minimum
functionality for systems deployed for use in primary and
secondary screening procedures.
``(b) Agreement on Functionality of Advanced Spectroscopic Portal
Monitors.--The Director of the Domestic Nuclear Detection Office and
the Commissioner of Customs and Border Protection shall enter into an
agreement regarding the minimum required functionality for the
deployment of ASP by United States Customs and Border Protection (CBP).
``(c) Report to Congress.--Not later than 60 days after the date of
the enactment of this section, the Secretary shall provide Congress
with the signed memorandum of understanding between the Office and CBP.
``SEC. 1909. CRITERIA FOR CERTIFICATION.
``(a) Findings.--Congress finds the following:
``(1) In developing criteria for Advanced Spectroscopic
Portal (ASP) performance, special consideration should be given
to the unique challenges associated with detecting the presence
of illicit radiological or nuclear material that may be masked
by the presence of radiation from naturally occurring
radioactive material or legitimate radioactive sources such as
those associated with medical or industrial use of radiation.
``(2) Title IV of division E of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) requires the
Secretary to submit to Congress a report certifying that `a
significant increase in operational effectiveness will be
achieved' with the ASP before `funds appropriated under this
heading shall be obligated for full-scale procurement of
Advanced Spectroscopic Portal Monitors', and requires that `the
Secretary shall submit separate and distinct certifications
prior to the procurement of Advanced Spectroscopic Portal
Monitors for primary and secondary deployment that address the
unique requirements for operational effectiveness of each type
of deployment.'.
``(b) Specification of Significant Increase in Operational
Effectiveness.--
``(1) In general.--The Secretary shall, in accordance with
the requirements of title IV of division E of the Consolidated
Appropriations Act, 2008, and in consultation with the National
Academies, develop quantitative metrics that demonstrate any
significant increased operational effectiveness (or lack
thereof) of deploying the ASP in Primary and Secondary
Screening sites, as determined by United States Customs and
Border Protection (CBP).
``(2) Metrics.--The metrics referred to in paragraph (1)
shall include the following:
``(A) A quantitative definition of `significant
increase in operational effectiveness'.
``(B) All relevant threat materials.
``(C) All relevant masking scenarios.
``(D) Cost benefit analysis in accordance with the
Federal Accounting Standards Advisory Board Generally
Accepted Accounting Principles.
``(E) Any other measure the Director and the
Commissioner determine appropriate.
``(c) Consideration of External Reviews in the Decision To
Certify.--In determining whether or not to certify that the ASP shows a
significant increase in operational effectiveness, the Secretary may
consider the following:
``(1) Relevant reports on the ASP from the Government
Accountability Office.
``(2) An assessment of the ASP by the Independent Review
Team led by the Homeland Security Institute.
``(3) An assessment of the ASP in consultation with the
National Academies.
``(4) Any other information the Secretary determines
relevant.
``SEC. 1910. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.
``(a) Findings.--Congress finds the following:
``(1) The Securing the Cities Initiative of the Department
uses next generation radiation detection technology to detect
the transport of nuclear and radiological material in urban
areas by terrorists or other unauthorized individuals.
``(2) The technology used by partners in the Securing the
Cities Initiative leverages Advanced Spectroscopic Portal (ASP)
technology used at ports of entry.
``(3) The Securing the Cities Initiative has fostered
unprecedented collaboration and coordination among its Federal,
State, and local partners.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Director of the Domestic Nuclear Detection Office
of the Department $40,000,000 for fiscal year 2009 and such sums as may
be necessary for each subsequent fiscal year for the Securing the
Cities Initiative.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 1907 the following new items:
``Sec. 1908. Advanced spectroscopic portal monitors.
``Sec. 1909. Criteria for certification.
``Sec. 1910. Authorization of Securing the Cities Initiative.''.
Passed the House of Representatives July 30, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Next Generation Radiation Screening Act of 2008 - Amends the Homeland Security Act of 2002 to require: (1) the Director of the Domestic Nuclear Detection Office and the Commissioner of Customs and Border Protection (CBP) to enter into an agreement regarding the minimum required functionality for the deployment of Advanced Spectroscopic Portal monitors (ASP) by CBP; and (2) the Secretary of Homeland Security to provide Congress with the signed memorandum of understanding between the Office and CBP.
Directs the Secretary to develop quantitative metrics that demonstrate any significant increased operational effectiveness of deploying ASP in primary and secondary screening sites. Requires such metrics to include: (1) a quantitative definition of "significant increase in operational effectiveness"; (2) all relevant threat materials; (3) all relevant masking scenarios; and (4) cost-benefit analysis in accordance with the Federal Accounting Standards Advisory Board Generally Accepted Accounting Principles.
Permits the Secretary, in determining whether to certify that ASP shows a significant increase in operational effectiveness, to consider: (1) relevant reports on ASP from the Government Accountability Office (GAO); and (2) assessments of ASP by the Independent Review Team led by the Homeland Security Institute in consultation with the National Archives.
Authorizes appropriations to the Director for FY2009 and for each subsequent fiscal year for the Securing the Cities Initiative. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Startup Innovation Credit Act of
2014''.
SEC. 2. TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP COMPANIES.
(a) In General.--Section 41 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(i) Treatment of Credit for Qualified Small Businesses.--
``(1) In general.--At the election of a qualified small
business for any taxable year, section 3111(f) shall apply to
the payroll tax credit portion of the credit otherwise
determined under subsection (a) for the taxable year and such
portion shall not be treated (other than for purposes of
section 280C) as a credit determined under subsection (a).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) with respect to any qualified
small business for any taxable year is the least of--
``(A) the amount specified in the election made
under this subsection,
``(B) the credit determined under subsection (a)
for the taxable year (determined before the application
of this subsection), or
``(C) in the case of a qualified small business
other than a partnership or S corporation, the amount
of the business credit carryforward under section 39
carried from the taxable year (determined before the
application of this subsection to the taxable year).
``(3) Qualified small business.--For purposes of this
subsection--
``(A) In general.--The term `qualified small
business' means, with respect to any taxable year--
``(i) a corporation or partnership, if--
``(I) the gross receipts (as
determined under the rules of section
448(c)(3), without regard to
subparagraph (A) thereof) of such
entity for the taxable year is less
than $5,000,000, and
``(II) such entity did not have
gross receipts (as so determined) for
any taxable year preceding the 5-
taxable-year period ending with such
taxable year, and
``(ii) any person (other than a corporation
or partnership) who meets the requirements of
subclauses (I) and (II) of clause (i),
determined--
``(I) by substituting `person' for
`entity' each place it appears, and
``(II) by only taking into account
the aggregate gross receipts received
by such person in carrying on all
trades or businesses of such person.
``(B) Limitation.--Such term shall not include an
organization which is exempt from taxation under
section 501.
``(4) Election.--
``(A) In general.--Any election under this
subsection for any taxable year--
``(i) shall specify the amount of the
credit to which such election applies,
``(ii) shall be made on or before the due
date (including extensions) of--
``(I) in the case of a qualified
small business which is a partnership,
the return required to be filed under
section 6031,
``(II) in the case of a qualified
small business which is an S
corporation, the return required to be
filed under section 6037, and
``(III) in the case of any other
qualified small business, the return of
tax for the taxable year, and
``(iii) may be revoked only with the
consent of the Secretary.
``(B) Limitations.--
``(i) Amount.--The amount specified in any
election made under this subsection shall not
exceed $250,000.
``(ii) Number of taxable years.--A person
may not make an election under this subsection
if such person (or any other person treated as
a single taxpayer with such person under
paragraph (5)(A)) has made an election under
this subsection for 5 or more preceding taxable
years.
``(C) Special rule for partnerships and s
corporations.--In the case of a qualified small
business which is a partnership or S corporation, the
election made under this subsection shall be made at
the entity level.
``(5) Aggregation rules.--
``(A) In general.--Except as provided in
subparagraph (B), all persons or entities treated as a
single taxpayer under subsection (f)(1) shall be
treated as a single taxpayer for purposes of this
subsection.
``(B) Special rules.--For purposes of this
subsection and section 3111(f)--
``(i) each of the persons treated as a
single taxpayer under subparagraph (A) may
separately make the election under paragraph
(1) for any taxable year, and
``(ii) the $250,000 amount under paragraph
(4)(B)(i) shall be allocated among all persons
treated as a single taxpayer under subparagraph
(A) in the same manner as under subparagraph
(A)(ii) or (B)(ii) of subsection (f)(1),
whichever is applicable.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including--
``(A) regulations to prevent the avoidance of the
purposes of the limitations and aggregation rules under
this subsection through the use of successor companies
or other means,
``(B) regulations to minimize compliance and
recordkeeping burdens under this subsection, and
``(C) regulations for recapturing the benefit of
credits determined under section 3111(f) in cases where
there is a subsequent adjustment to the payroll tax
credit portion of the credit determined under
subsection (a), including requiring amended income tax
returns in the cases where there is such an
adjustment.''.
(b) Credit Allowed Against FICA Taxes.--Section 3111 of such Code
is amended by adding at the end the following new subsection:
``(f) Credit for Research Expenditures of Qualified Small
Businesses.--
``(1) In general.--In the case of a taxpayer who has made
an election under section 41(i) for a taxable year, there shall
be allowed as a credit against the tax imposed by subsection
(a) for the first calendar quarter which begins after the date
on which the taxpayer files the return specified in section
41(i)(4)(A)(ii) an amount equal to the payroll tax credit
portion determined under section 41(i)(2).
``(2) Limitation.--The credit allowed by paragraph (1)
shall not exceed the tax imposed by subsection (a) for any
calendar quarter on the wages paid with respect to the
employment of all individuals in the employ of the employer.
``(3) Carryover of unused credit.--If the amount of the
credit under paragraph (1) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be carried to
the succeeding calendar quarter and allowed as a credit under
paragraph (1) for such quarter.
``(4) Deduction allowed for credited amounts.--The credit
allowed under paragraph (1) shall not be taken into account for
purposes of determining the amount of any deduction allowed
under chapter 1 for taxes imposed under subsection (a).''.
(c) Effective Date.--The amendments made by this section shall
apply to credits determined for taxable years beginning after December
31, 2013. | Startup Innovation Credit Act of 2014 - Amends the Internal Revenue Code to allow a qualified small business to elect to use a portion of its tax credit for increasing research expenditures as an offset against its payroll tax liability under the Federal Insurance Contributions Act (FICA). Defines "qualified small business" as a corporation, a partnership, or a person other than a tax-exempt organization that had gross receipts of less than $5 million for the taxable year and that did not have gross receipts for any period preceding the five-taxable-year period ending with such taxable year. Limits: (1) the number of years a taxpayer may elect to offset payroll taxes under this Act to five, and (2) the annual amount of such offset to $250,000. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recovery and Stability of Iraq Act
of 2008''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) The crisis of displaced Iraqis represents a profound
threat to the regional stability of the Middle East and
confronting the humanitarian crisis in Iraq is a national
security interest, as well as a profound moral responsibility.
(2) Congress recognizes that violence in Iraq has
contributed to an enormous and urgent humanitarian crisis.
(3) At the end of 2007, the total number of displaced
Iraqis is estimated to be approximately 4,500,000 people:
2,400,000 internally displaced and with nearly as many Iraqi
refugees having fled the country.
(4) In 2006 the Iraq Study Group Report recommended that
``If the [refugee and internally displaced persons] situation
is not addressed, Iraq and the region could be further
destabilized, and the humanitarian suffering could be severe'',
and that ``The United States should take the lead in funding
assistance requests from the United Nations High Commissioner
for Refugees, and other humanitarian agencies.''.
(b) Statement of Policy.--It is the policy of the United States
Government, as a party to the 1967 Protocol to the 1951 United Nations
Convention Relating to the Status of Refugees, to support the rights of
displaced persons and scrupulously observe the principle of non-
refoulement, irrespective of whether or not such persons have been
formally recognized as refugees.
SEC. 3. ESTABLISHMENT OF IRAQI DISPLACEMENT COORDINATOR.
(a) Establishment.--
(1) In general.--There is established within the Executive
Office of the President a position to be known as the ``Iraqi
Displacement Coordinator'' (in this Act referred to as the
``Coordinator''), who shall report directly to the President on
the state of the Iraqi displacement situation. Not later than
30 days after the date of the enactment of this Act, the
President shall appoint an individual to serve as the
Coordinator.
(2) Identification and coordination.--The Coordinator shall
identify programs that address the humanitarian needs and
requirements of displaced Iraqis, and shall review, provide
advice, support, and coordinate with the heads of relevant
departments and agencies of the United States Government, the
Government of Iraq, countries hosting displaced Iraqis in the
region, the United Nations, and other involved nongovernmental
organizations (NGO's) and international organizations (IO's).
(3) Duties.--The Coordinator shall be responsible for--
(A) leading the United States Government effort to
respond to the crisis confronting displaced Iraqis,
including refugees and internally displaced persons;
(B) ensuring to the greatest extent possible that
the rights and legal protections of displaced Iraqis
are respected and enforced by host countries;
(C) discouraging violations in the spirit of the
1967 Protocol to the 1951 Convention Relating to the
Status of Refugees by any country hosting displaced
Iraqis, including a country that is not a party to the
Protocol or Convention;
(D) pursuing coordination and support for host
countries of displaced Iraqis, recognizing that
humanitarian action is non-political by nature;
(E) ensuring proper management, implementation,
transparency, and oversight by agencies of the United
States Government responsible for assistance projects
for displaced Iraqis;
(F) resolving policy and program disputes among
departments and agencies of the United States
Government with respect to assistance projects for
displaced Iraqis;
(G) reporting directly to the President with
respect to assistance for displaced Iraqis; and
(H) encourage to the greatest extent possible the
Government of Iraq to authorize and fully support a
cabinet-level ministry position to support displaced
Iraqis.
(4) Long-term planning for displaced iraqis.--
(A) Comprehensive strategy.--The Coordinator shall
design, in consultation with concerned governments in
the region, a comprehensive strategy to address the
needs of displaced Iraqis. The strategy should
recognize the need for immediate support for the most
vulnerable displaced Iraqis, as well as promote
durable, long-term solutions to the displacement
crisis. The strategy should recognize the unique needs
in each of Iraq's 18 provinces, and the needs of
countries hosting Iraqi refugees.
(B) Planning for the return of displaced iraqis.--
The Coordinator shall encourage the Government of Iraq,
with the coordination of the United States Government,
the United Nations, appropriate foreign governments,
and other interested parties to develop a long-term
plan for the voluntary, dignified, and safe return of
displaced Iraqis to their homes. The plan should
address issues of return, repatriation, and
reintegration of displaced Iraqis, including providing
for proper procedures for settling property disputes.
Long-term planning for returns shall not interfere with
humanitarian assistance efforts for displaced Iraqis.
(b) Reporting.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and every 120 days thereafter, the
Coordinator shall submit to the President and Congress a report
on United States status of assistance efforts for displaced
Iraqis.
(2) Contents.--The report required under this subsection
shall include the following information:
(A) A description of the strategy required under
subsection (a)(4).
(B) An assessment of the progress of the strategy
required under subsection (a)(4), and any steps taken
toward implementation of the strategy.
(C) The distribution of duties and responsibilities
regarding assistance projects for displaced Iraqis
among the agencies of the United States Government.
(D) An assessment of assistance efforts for
displaced Iraqis implemented by all relevant actors,
including the United States Government, the Iraqi
Government, foreign governments, the United Nations,
international organizations, and nongovernmental
organizations.
(E) An evaluation of the Government of Iraq's
ability to implement assistance for displaced Iraqis in
an effective and equitable manner.
(F) An overall evaluation of the humanitarian
conditions confronting Iraq and displaced Iraqis, and
the various regional impacts of their presence.
(G) An assessment of the budgetary needs of the
agencies United States Government in meeting the goals
of the comprehensive strategy.
(H) Recommendations for preventing future
displacement in Iraq.
(c) Authorization of Funds.--There are authorized to be
appropriated such funds as may be necessary for fiscal years 2009,
2010, 2011, 2012, and 2013 for the establishment and operating costs of
the Iraqi Displacement Coordinator within the Department of State.
SEC. 4. DEFINITIONS.
In this Act--
(1) Displaced iraqis.--The term ``displaced Iraqis'' means
Iraqis who have become refugees or internally displaced
persons.
(2) Internally displaced person.--The term ``internally
displaced person'' means a person who has been forced or
obliged to flee or to leave such person's home or place of last
habitual residence, in particular as a result of or in order to
avoid the effects of armed conflict, situations of generalized
violence, violations of human rights, or natural or human-made
disasters, and who have not crossed an internationally-
recognized state border.
(3) Non-refoulement.--The term ``non-refoulement'' has the
meaning given such term in the 1951 United Nations Convention
Relating to the Status of Refugees.
(4) Refugee.--The term ``refugee'' means a person who is
outside the country of such person's nationality or, in the
case of a person having no nationality, is outside the country
in which such person last habitually resided, and who is unable
or unwilling to return to, and is unable or unwilling to avail
himself or herself of the protection of, that country because
of persecution or a well-founded fear of persecution on account
of race, religion, nationality, membership in a particular
social group, or political opinion. | Recovery and Stability of Iraq Act of 2008 - Establishes within the Executive Office of the President the position of Iraqi Displacement Coordinator who shall identify programs that address the humanitarian needs of displaced Iraqis and who shall advise and coordinate with the heads of appropriate U.S. departments and agencies, the government of Iraq, countries hosting displaced Iraqis in the region, the United Nations, and other involved nongovernmental and international organizations.
Directs the Coordinator to: (1) design a comprehensive strategy to address the needs of displaced Iraqis; and (2) encourage the government of Iraq to develop a long-term plan for the voluntary and safe return of displaced Iraqis to their homes. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Information Privacy Act of
2001''.
SEC. 2. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION.
Section 603(d) of the Fair Credit Reporting Act (15 U.S.C.
1681a(d)) is amended by inserting after the first
sentence the following: ``The term also includes any other identifying
information of the consumer, except the name, address, and telephone
number of the consumer if listed in a residential telephone directory
available in the locality of the consumer.''.
SEC. 3. PROTECTING PRIVACY BY PROHIBITING USE OF THE SOCIAL SECURITY
NUMBER FOR COMMERCIAL PURPOSES WITHOUT CONSENT.
(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by adding at the end the following:
``prohibition of certain misuses of the social security account number
``Sec. 1148. (a) Prohibition of Commercial Acquisition or
Distribution.--No person may buy, sell, offer for sale, take or give in
exchange, or pledge or give in pledge any information for the purpose,
in whole or in part, of conveying by means of such information any
individual's social security account number, or any derivative of such
number, without the written consent of such individual.
``(b) Prohibition of Use as Personal Identification Number.--No
person may utilize any individual's social security account number, or
any derivative of such number, for purposes of identification of such
individual without the written consent of such individual.
``(c) Prerequisites for Consent.--In order for consent to exist
under subsection (a) or (b), the person engaged in, or seeking to
engage in, an activity described in such subsection shall--
``(1) inform the individual of all the purposes for which
the number will be utilized and the persons to whom the number
will be known; and
``(2) obtain affirmatively expressed consent in writing.
``(d) Exceptions.--Nothing in this section shall be construed to
prohibit any use of social security account numbers permitted or
required under section 205(c)(2) of this Act, section 7(a)(2) of the
Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section
6109(d) of the Internal Revenue Code of 1986.
``(e) Civil Action in United States District Court; Damages;
Attorneys Fees and Costs; Nonexclusive Nature of Remedy.--
``(1) In general.--Any individual aggrieved by any act of
any person in violation of this section may bring a civil
action in a United States district court to recover--
``(A) such preliminary and equitable relief as the
court determines to be appropriate; and
``(B) the greater of--
``(i) actual damages; and
``(ii) liquidated damages of $25,000 or, in
the case of a violation that was willful and
resulted in profit or monetary gain, $50,000.
``(2) Attorney's fees and costs.--In the case of a civil
action brought under paragraph (1) in which the aggrieved
individual has substantially prevailed, the court may assess
against the respondent a reasonable attorney's fee and other
litigation costs and expenses (including expert fees)
reasonably incurred.
``(3) Statute of limitations.--No action may be commenced
under this subsection more than 3 years after the date on which
the violation was or should reasonably have been discovered by
the aggrieved individual.
``(4) Nonexclusive remedy.--The remedy provided under this
subsection shall be in addition to any other lawful remedy
available to the individual.
``(f) Civil Money Penalties.--
``(1) In general.--Any person who the Commissioner of
Social Security determines has violated this section shall be
subject, in addition to any other penalties that may be
prescribed by law, to--
``(A) a civil money penalty of not more than
$25,000 for each such violation, and
``(B) a civil money penalty of not more than
$500,000, if violations have occurred with such
frequency as to constitute a general business practice.
``(2) Determination of violations.--Any violation committed
contemporaneously with respect to the social security account
numbers of 2 or more individuals by means of mail,
telecommunication, or otherwise shall be treated as a separate
violation with respect to each such individual.
``(3) Enforcement procedures.--The provisions of section
1128A (other than subsections (a), (b), (f), (h), (i), (j), and
(m), and the first sentence of subsection (c)) and the
provisions of subsections (d) and (e) of section 205 shall
apply to civil money penalties under this subsection in the
same manner as such provisions apply to a penalty or proceeding
under section 1128A(a), except that, for purposes of this
paragraph, any reference in section 1128A to the Secretary shall be
deemed a reference to the Commissioner of Social Security.
``(4) Coordination with criminal enforcement.--The
Commissioner of Social Security shall take such actions as are
necessary and appropriate to assure proper coordination of the
enforcement of the provisions of this section with criminal
enforcement under section 1028 of title 18, United States Code
(relating to fraud and related activity in connection with
identification documents). The Commissioner shall enter into
cooperative arrangements with the Federal Trade Commission
under section 5 of the Identity Theft and Assumption Deterrence
Act of 1998 for purposes of achieving such coordination.
``(g) Regulation by States.--Nothing in this section shall be
construed to prohibit any State authority from enacting or enforcing
laws consistent with this section for the protection of privacy.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to violations occurring on and after the date which is 2
years after the date of enactment of this Act.
(c) Unfair or Deceptive Act or Practice.--Any person who refuses to
do business with an individual because the individual will not consent
to that person receiving the social security number of such individual
shall be considered to have committed an unfair or deceptive act or
practice in violation of section 5 of the Federal Trade Commission Act
(15 U.S.C. 45). Action may be taken under such section 5 against such a
person.
SEC. 4. REPEAL OF CERTAIN PROVISIONS RELATING TO DISTRIBUTION OF
CONSUMER REPORTS IN CONNECTION WITH CERTAIN TRANSACTIONS
NOT INITIATED BY THE CONSUMER.
(a) In General.--Paragraph (1) of section 604(c) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(c)) is amended by striking ``any credit
or insurance transaction that is not initiated by the consumer only
if--'' and all that follows through the end of such paragraph and
inserting ``any credit or insurance transaction that is not initiated
by the consumer only if the consumer provides express written
authorization, in accordance with paragraph (2), to the agency to
provide such report in connection with any such transaction.''
(b) Full Disclosure Required.--Paragraph (2) of section 604(c) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended to read
as follows:
``(2) Full disclosure required.--
``(A) In general.--No authorization referred to in
paragraph (1) with respect to any consumer shall be
effective unless the consumer receives a notice before
such authorization is provided which fully and fairly
discloses, in accordance with regulations which the
Federal Trade Commission and the Board of Governors of
the Federal Reserve System shall jointly prescribe,
what specifically is being authorized by the consumer
and the potential positive and negative effects the
provision of such authorization will have on the
consumer.
``(B) Form of notice.--The regulations prescribed
pursuant to subparagraph (A) shall require that the
notice required under such subparagraph--
``(i) be prominently displayed on a
document which is separate from any other
document; or
``(ii) if the notice appears on a document
with other information, be placed in a clear
and conspicuous location on such document and
appear in type face which is more conspicuous
than the type face used for any other
information on such document.''.
(c) Technical and Conforming Amendment.--Subsection (e) of section
604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended to
read as follows:
``(e) [Repealed]''.
SEC. 5. SALE OR TRANSFER OF TRANSACTION OR EXPERIENCE INFORMATION
PROHIBITED.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding at the end the following new section:
``Sec. 626. Transaction or experience information
``(a) In General.--No person doing business with a consumer may
sell, transfer, or otherwise provide to any other person, for the
purpose of marketing such information to any other person, any
transaction or experience information without the consumer's express
written consent.
``(b) Transaction or Experience Information Defined.--For purposes
of this section, the term `transaction or experience information' means
any information identifying the content or subject of 1 or more
transactions between the consumer and a person doing business with a
consumer, including any component part of any transaction, any brand
name involved, or any quantity or category of merchandise involved in
any part of the transaction.
``(c) Exceptions.--Subsection (a) shall not apply with respect to
the following:
``(1) Communication of transaction or experience
information solely among persons related by common ownership or
affiliated by corporate control.
``(2) Information provided pursuant to the order of a court
having jurisdiction to issue such order or pursuant to a
subpoena issued in connection with proceedings before a Federal
grand jury.
``(3) Information provided in connection with the licensing
or registration by a government agency or department, or any
transfer of such license or registration, of any personal
property bought, sold, or transferred by the consumer.
``(4) Information required to be provided in connection
with any transaction in real estate.
``(5) Information required to be provided in connection
with perfecting a security interest in personal property.
``(6) Information relating to the amount of any transaction
or any credit extended in connection with a transaction with a
consumer.''.
(b) Technical and Conforming Amendment.--Section 603(d)(2)(A) is
amended by striking ``(A) any--'' and inserting ``(A) subject to
section 626, any--''.
(c) Clerical Amendment.--The table of sections for the Fair Credit
Reporting Act is amended by adding at the end the following new item:
``626. Transaction or experience information.''. | Personal Information Privacy Act of 2001 - Amends the Fair Credit Reporting Act to redefine the term "consumer report" to exclude identifying information listed in a local telephone directory (thereby ensuring that the personal identification information in the credit headers accompanying credit reports of unlisted individuals remains confidential).Amends part A (General Provisions) of title XI of the Social Security Act to prohibit the commercial acquisition or distribution of an individual's social security number (or any derivative), as well as its use as a personal identification number, without the individual's written consent. Provides for: (1) civil money penalties and civil action in U.S. District Court by an aggrieved individual; and (2) coordination with criminal enforcement of identification document fraud.Amends the Federal criminal code to: (1) require State motor vehicle department uses of social security numbers to be consistent with uses authorized by the Social Security Act, the Privacy Act, and any other appropriate statutes; (2) prohibit marketing company use of social security numbers; and (3) prohibit, with an exception for specified law enforcement requests, State motor vehicle department release or disclosure of an individual's photograph without the individual's written consent.Amends the Fair Credit Reporting Act to prohibit a consumer reporting agency from providing a report in connection with a credit or insurance transaction not initiated by the consumer without the consumer's written consent. Requires full consumer disclosure before such consent shall be effective.Prohibits, with specified exceptions, a person doing business with a consumer from selling or transferring for marketing purposes any transaction or experience information without the consumer's written consent. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Information Technology to
Enhance Community Health Act of 2012'' or the ``MITECH Act''.
SEC. 2. INCENTIVES FOR ADOPTION AND USE OF EHR TECHNOLOGY BY SAFETY NET
CLINICS AND PROVIDERS.
Section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), by inserting ``or QSNC-
based'' after ``hospital-based'';
(ii) in clause (ii)--
(I) by inserting ``or QSNC-based''
after ``hospital-based''; and
(II) by striking ``and'' at the end
and inserting ``or''; and
(iii) in clause (iii), by striking ``who
practices predominantly in a Federally
qualified health center or rural health
clinic'' and inserting ``subject to paragraph
(11)(C), who practices predominantly in a
Federally qualified health center, rural health
clinic, or qualified safety net clinic''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``or'';
(ii) in clause (ii), by striking the period
at the end and inserting ``, or''; and
(iii) by adding at the end the following
new clause:
``(iii) subject to paragraph (11), a qualified safety net
clinic (as defined in paragraph (3)(G)).'';
(2) in paragraph (3)--
(A) in subparagraph (B)(v), by striking ``rural
health clinic'' and all that follows through the period
and inserting ``rural health clinic, Federally
qualified health center, or qualified safety net clinic
that is led by a physician assistant.''; and
(B) by adding at the end the following new
subparagraphs:
``(G) The term `qualified safety net clinic' means a clinic
or network of clinics that is operated by a private non-profit
or public entity and that has at least 30 percent of its
patient volume (as estimated in accordance with a methodology
established by the Secretary) attributable to needy individuals
(as defined in subparagraph (F)).
``(H) The term `QSNC-based' means, with respect to an
eligible professional, an individual who furnishes
substantially all of their professional services in a qualified
safety net clinic and through the use of the facilities and
equipment, including qualified electronic health records, of
the clinic. The determination of whether an eligible
professional is a QSNC-based eligible professional shall be
made on the basis of the site of service (as defined by the
Secretary) and without regard to any employment or billing
arrangement between the eligible professional and any other
provider.'';
(3) in paragraph (5)--
(A) in subparagraph (A), by inserting ``clause (i)
or (ii) of'' before ``paragraph (2)(B)''; and
(B) by adding at the end the following new
subparagraph:
``(E) For purposes of payments described in paragraph
(1)(B) to a Medicaid provider described in paragraph
(2)(B)(iii), the Secretary shall establish a methodology for
determining the maximum amount of payment permitted for each
such provider.''; and
(4) by adding at the end the following new paragraph:
``(11)(A) Not later than January 1, 2015, the Secretary, in
consultation with States and other relevant stakeholders, shall
promulgate regulations to establish a procedure through which a
qualified safety net clinic may demonstrate meaningful use of certified
EHR technology by such clinic for purposes of satisfying the
requirement described in paragraph (6)(C)(i)(II).
``(B) A qualified safety net clinic shall not be eligible to
receive payments described in paragraph (1)(B) before the date on which
the Secretary establishes the procedure described in subparagraph (A).
On and after that date, a qualified safety net clinic may receive such
payments if the qualified safety net clinic notifies the Secretary that
the qualified safety net clinic elects to receive such payments in lieu
of the Secretary making payments described in paragraph (1)(A) to the
eligible professionals who practice predominately in the qualified
safety net clinic.
``(C) On or after the date that the Secretary establishes the
procedure described in subparagraph (A), an eligible professional who
practices predominately in a qualified safety net clinic, as described
in paragraph (2)(A)(iii), shall not be eligible to receive payments
described in paragraph (1)(A) if the qualified safety net clinic
receives payments described in paragraph (1)(B).''. | Medicaid Information Technology to Enhance Community Health Act of 2012 or MITECH Act - Amends title XIX (Medicaid) of the Social Security Act to extend payments to encourage the adoption and use of certified electronic health record (EHR) technology to qualified safety net clinics (QSNCs).
Defines a QSNC as a clinic or network of clinics operated by a private non-profit or public entity at least 30% percent of whose patient volume is attributable to needy individuals.
Defines a "QSNC-based" individual as one who furnishes substantially all of his or her professional services in a QSNC and through use of the clinic's facilities and equipment, including qualified EHRs.
Directs the Secretary of Health and Human Services (HHS) to establish a procedure through which a QSNC may demonstrate meaningful use of certified EHR technology in order to receive incentive payments. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Safety and Quality
Improvement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) In 1999, the Institute of Medicine released a report
entitled To Err is Human that described medical errors as the
eighth leading cause of death in the United States, with as
many as 98,000 people dying as a result of medical errors each
year.
(2) To address these deaths and injuries due to medical
errors, the health care system must identify and learn from
such errors so that systems of care can be improved.
(3) In their report, the Institute of Medicine called on
Congress to provide legal protections with respect to
information reported for the purposes of quality improvement
and patient safety.
(4) The Health, Education, Labor, and Pensions Committee of
the Senate held 4 hearings in the 106th Congress and 1 hearing
in the 107th Congress on patient safety where experts in the
field supported the recommendation of the Institute of Medicine
for congressional action.
(5) Myriad public and private patient safety initiatives
have begun. The Quality Interagency Coordination Taskforce has
recommended steps to improve patient safety that may be taken
by each Federal agency involved in health care and activities
relating to these steps are ongoing.
(6) The research on patient safety unequivocally calls for
a learning environment, rather than a punitive environment, in
order to improve patient safety.
(7) Voluntary data gathering systems are more supportive
than mandatory systems in creating the learning environment
referred to in paragraph (5) as stated in the Institute of
Medicine's report.
(8) Promising patient safety reporting systems have been
established throughout the United States and the best ways to
structure and use these systems are currently being determined,
largely through projects funded by the Agency for Healthcare
Research and Quality.
(9) The Department of Health and Human Services has
initiated several patient safety projects. The Joint Commission
on Accreditation of Healthcare Organizations issued a patient
safety standard that went into effect on July 1, 2001, and the
peer review organizations are conducting ongoing studies of
clinical performance measurement of care delivered to
beneficiaries under the medicare program under title XVIII of
the Social Security Act.
(10) Many organizations currently collecting patient safety
data have expressed a need for legal protections that will
allow them to review protected information so that they may
collaborate in the development and implementation of patient
safety improvement strategies. Currently, the State peer review
protections provide inadequate conditions to allow the sharing
of information to promote patient safety.
(11) In 2001, the Institute of Medicine released a report
entitled Crossing the Quality Chasm that found that the United
States health care system does not consistently deliver high
quality care to patients.
(b) Purposes.--It is the purpose of this Act to--
(1) encourage a culture of safety and quality in the United
States health care system by providing for legal protection of
information reported voluntarily for the purposes of quality
improvement and patient safety; and
(2) ensure accountability by raising standards and
expectations for continuous quality improvements in patient
safety through the actions of the Secretary of Health and Human
Services.
SEC. 3. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.
Title IX of the Public Health Service Act (42 U.S.C. 299 et seq.)
is amended--
(1) in section 912(c), by inserting ``, in accordance with
part C,'' after ``The Director shall'';
(2) by redesignating part C as part D;
(3) by redesignating sections 921 through 928, as sections
931 through 938, respectively;
(4) in section 938(1) (as so redesignated), by striking
``921'' and inserting ``931''; and
(5) by inserting after part B the following:
``PART C--PATIENT SAFETY IMPROVEMENT
``SEC. 921. DEFINITIONS.
``In this part:
``(1) Non-identifiable information.--The term `non-
identifiable information' means information that is presented
in a form and manner that prevents the identification of any
provider, patient, and the reporter of patient safety data.
``(2) Patient safety data.--The term `patient safety data'
means--
``(A) any data, reports, records, memoranda,
analyses, deliberative work, statements, root cause
analyses, or quality improvement processes that could
result in improved patient safety or health care
quality, that are--
``(i) collected or developed by a provider
for the purpose of reporting to a patient
safety organization;
``(ii) reported to a patient safety
organization for patient safety or quality
improvement processes;
``(iii) requested by a patient safety
organization (including the contents of such
request);
``(iv) reported to a provider by a patient
safety organization;
``(v) collected or developed by a patient
safety organization; or
``(vi) reported among patient safety
organizations, after obtaining authorization;
or
``(B) information related to corrective actions
taken in response to patient safety data;
for the purpose of improving patient safety, health care
quality, or health care outcomes.
``(3) Patient safety organization.--The term `patient
safety organization' means a private or public organization or
component thereof that performs the following activities (which
are deemed to be necessary for the proper management and
administration of such organization or component thereof):
``(A) The conduct, as its primary activity, of
efforts to improve patient safety and the quality of
health care delivery.
``(B) The collection and analysis of patient safety
data that are voluntarily submitted by a provider.
``(C) The development and dissemination of
information to providers with respect to improving
patient safety, such as recommendations, protocols, or
information regarding best practices.
``(D) The utilization of patient safety data to
carry out activities under this paragraph and for the
purposes of encouraging a culture of safety and of
providing direct feedback and assistance to providers
to effectively minimize patient risk.
``(E) The maintenance of confidentiality with
respect to individually identifiable health
information.
``(F) The provision of appropriate security
measures with respect to patient safety data.
``(G) The certification to the Agency that the
patient safety organization satisfies the criteria of
this paragraph for the period in which the organization
is carrying out such duties.
``(4) Provider.--The term `provider' means--
``(A) a provider of services (as defined in section
1861(u) of the Social Security Act) and a person
furnishing any medical or other health care services
(as defined in section 1861(s)(1) and (2) of such Act)
through, or under the authority of, such a provider of
services;
``(B) a physician (as defined in section 1861(r) of
such Act);
``(C) any other person, including a pharmacist, who
is engaged in the delivery of medical or other health
services (as defined in section 1861(s)(1) and (2) of
such Act) in a State and who is required by State law
or regulation to be licensed or certified by the State
to engage in the delivery of such services in the
State;
``(D) a renal dialysis facility, ambulatory
surgical center, pharmacy, physician or health care
practitioner's office, long term care facility,
behavioral health residential treatment facility, or
clinical laboratory; or
``(E) any other person or entity specified in
regulations by the Secretary after public notice and
comment.
``SEC. 922. CONFIDENTIALITY AND PEER REVIEW PROTECTIONS.
``(a) In General.--Notwithstanding any other provision of law, and
subject to this section, patient safety data shall be privileged and
confidential.
``(b) Scope of Privilege.--Subject to the provisions of subsection
(c), patient safety data to which subsection (a) applies shall not be--
``(1) subject to a civil, criminal, or administrative
subpoena;
``(2) subject to discovery in connection with a civil,
criminal, or administrative proceeding;
``(3) disclosed pursuant to section 552 of title 5, United
States Code (commonly known as the Freedom of Information Act)
or any other similar Federal or State law;
``(4) admitted as evidence or otherwise disclosed in any
civil, criminal, or administrative proceeding; or
``(5) utilized in an adverse employment action or in the
evaluation of decisions made in relation to accreditation,
certification, credentialing or licensing of an individual,
that is based on such individual's participation in the
development, collection, reporting, or storage of patient
safety data in accordance with this part.
``(c) Disclosure Requirements.--Nothing in this section shall be
construed to prohibit one or more of the following disclosures (which
are deemed to be necessary for the proper management and administration
of the patient safety organization):
``(1) Disclosures by a provider in complying with
authorized requests for the provision of information to which
subsection (a) applies (such as a patient's medical record or
other relevant information) that is in the control of such a
provider and that has been developed, maintained, or exists
separately from the process by which the provider collects or
develops information for reporting to a patient safety
organization.
``(2) Disclosures by a provider or patient safety
organization of patient safety data as part of a disciplinary
proceeding relating to a provider, or a criminal proceeding, if
such a disclosure of such patient safety data is--
``(A) material to the proceeding;
``(B) within the public interest; and
``(C) not available from any other source.
``(3) Disclosures by a provider or patient safety
organization of relevant information to the Food and Drug
Administration, or to a person that is subject to the
jurisdiction of such Administration, with respect to an
Administration-regulated product or activity for which that
entity has responsibility, for the purposes of activities
related to the quality, safety, or effectiveness of such
Administration-regulated product or activity, subject to
section 520(c) of the Federal Food, Drug, and Cosmetic Act.
``(4) Disclosures by a provider or patient safety
organization of information to which subsection (a) applies to
carry out activities described in paragraph (2)(A) (i) through
(vi) or (3) of section 921.
``(d) Transfer of Information.--The transfer of any patient safety
data by a provider to a patient safety organization shall not be
treated as a waiver of any privilege or protection established under
this part or established under State law.
``(e) Penalty.--Except as provided in subsection (c) and as
otherwise provided for in this section, it shall be unlawful for any
person to disclose any patient safety data described in subsection (a).
Any person violating the provisions of this section shall, upon
conviction, be fined in accordance with section 934(d).
``(f) No Limitation of Other Privileges.--Nothing in this section
shall be construed to limit other privileges that are available under
Federal or State laws that provide greater peer review or
confidentiality protections than the peer review and confidentiality
protections provided for in this section.
``(g) Rule of Construction.--Nothing in this section shall be
construed to alter or affect the implementation of any provision of
section 264(c) of the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191; 110 Stat. 2033) or any regulation
promulgated under such section.
``SEC. 923. NATIONAL DATABASE.
``(a) Authority.--
``(1) In general.--In conducting activities under this
part, the Secretary may provide for the establishment and
maintenance of a database to receive relevant non-identifiable
patient safety data, or may designate entities to collect
relevant non-identifiable patient safety data, that is
voluntarily reported by patient safety organizations upon the
request of the Secretary.
``(2) Use of data.--Data reported to any database
established or designated under paragraph (1) shall be used to
analyze regional variations and national statistics related to
patient safety and health care quality. The information
resulting from such analyses may be included in the annual
quality reports prepared under section 913(b)(2).
``(b) Standards.--In developing or designating a database under
subsection (a)(1), the Secretary may determine common formats for the
voluntary reporting of non-identifiable patient safety data, including
necessary data elements, common and consistent definitions, and a
standardized computer interface for the processing of such data. To the
extent practicable, such standards shall be consistent with the
administrative simplification provisions of part C of title XI of the
Social Security Act.
``(c) Confidentiality.--Any non-identifiable patient safety data
that is transferred to the database under this section shall be
privileged and confidential.
``SEC. 924. TECHNICAL ASSISTANCE.
``The Secretary, acting through the Director, may provide technical
assistance to patient safety organizations. Such assistance shall
include annual meetings for patient safety organizations to discuss
methodology, communication, data collection, or privacy concerns.
``SEC. 925. PROMOTING THE INTEGRATION OF HEALTH CARE INFORMATION
TECHNOLOGY SYSTEMS.
``(a) Development.--Not later than 36 months after the date of
enactment of the Patient Safety and Quality Improvement Act, the
Secretary shall develop or adopt voluntary national standards that
promote the integration of health care information technology systems.
``(b) Updates.--The Secretary shall provide for the ongoing review
and periodic updating of the standards developed under subsection (a).
``(c) Dissemination.--The Secretary shall provide for the
dissemination of the standards developed and updated under this
section.
``SEC. 926. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated such sums as may be
necessary to carry out this part.''.
SEC. 4. STUDIES AND REPORTS.
(a) Medical Technologies and Therapies.--
(1) In general.--The Secretary of Health and Human Services
shall enter into a contract with an appropriate research
organization for the conduct of a study to assess the impact of
medical technologies and therapies on patient safety, patient
benefit, health care quality, and the costs of care as well as
productivity growth. Such study shall determine--
(A) the extent to which the current health care
system's use of labor versus the use of technology has
contributed to increases in the share of the gross
domestic product that is devoted to health care and the
impact of medical technologies and therapies on such
increases;
(B) the extent to which early and appropriate
introduction and integration of innovative medical
technologies and therapies may affect the overall
productivity and quality of the health care delivery
systems of the United States; and
(C) the relationship of such medical technologies
and therapies to patient safety, patient benefit,
health care quality, and cost of care.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the appropriate committees
of Congress a report containing the results of the study
conducted under paragraph (1).
(b) State Laws Relating to Patient Safety Peer Review Systems.--
(1) Survey.--The Attorney General shall conduct a survey of
State laws that relate to patient safety data peer review
systems, including laws that establish an evidentiary privilege
applicable to data developed by such systems, and shall review
the manner in which such laws have been interpreted by the
courts.
(2) Report.--Not later than 9 months after the date of
enactment of this Act, the Attorney General shall prepare and
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 concerning the
results of the survey conducted under paragraph (1). | Patient Safety and Quality Improvement Act - Amends the Public Health Service Act to make patient safety data privileged and confidential. Excludes such data from subpoena, discovery, disclosure under the Freedom of Information Act (FOIA), evidentiary use, or any credentialing or licensing situation. Permits disclosures necessary to the proper management and administration of the patient safety organization, including maintenance of a patient's medical record, in a disciplinary proceeding relating to a provider, or as needed by the Food and Drug Administration for regulatory purposes.Authorizes the establishment of a database for non-identifiable patient safety data, consistent, if practicable, with the administrative simplification provisions of the Social Security Act.Authorizes technical assistance, including annual meetings for patient safety organizations.Requires the Secretary of Health and Human Services to develop or adopt voluntary national standards promoting the integration of health care information technology systems.Requires the Secretary to contract for and report to Congress on a study assessing the impact of medical technologies and therapies on patient safety and benefit, health care quality and costs, as well as productivity growth.Directs the Attorney General to survey and report to Congress on State laws and their interpretation as they relate to patient safety data peer review systems. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting New Manufacturing Act''.
SEC. 2. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.
(a) In General.--The Administrator shall, with respect to fiscal
year 2008 and each subsequent fiscal year, publish in a readily
accessible location on the Environmental Protection Agency's public
Website the Agency's estimate of the following:
(1) The total number of preconstruction permits issued
during the fiscal year.
(2) The percentage of such preconstruction permits issued
within one year after the date of filing of a completed
application.
(3) The average length of time for the Agency's
Environmental Appeals Board to issue a final decision on
petitions appealing decisions to grant or deny a
preconstruction permit application.
(b) Initial Publication; Updates.--The Administrator shall--
(1) make the publication required by subsection (a) for
fiscal years 2008 through 2014 not later than 60 days after the
date of enactment of this Act; and
(2) update such publication not less than annually.
(c) Sources of Information.--In carrying out this section:
(1) With respect to information to be published for fiscal
years 2008 through 2014, the Environmental Protection Agency's
estimates shall be based on information that is in the Agency's
possession as of the date of enactment of this Act, including
information in the RACT/BACT/LAER Clearinghouse database.
(2) With respect to information to be published for any
fiscal year, nothing in the section compels the Environmental
Protection Agency to seek or collect any information in
addition to the information that is voluntarily provided by
States and local air agencies for the RACT/BACT/LAER
Clearinghouse database.
SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR
REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN
PRECONSTRUCTION PERMITTING.
(a) In General.--In publishing any final rule establishing or
revising a national ambient air quality standard, the Administrator
shall, as the Administrator determines necessary and appropriate to
assist States, permitting authorities, and permit applicants,
concurrently publish regulations and guidance for implementing the
standard, including information relating to submission and
consideration of a preconstruction permit application under the new or
revised standard.
(b) Applicability of Standard to Preconstruction Permitting.--If
the Administrator fails to publish final regulations and guidance that
include information relating to submission and consideration of a
preconstruction permit application under a new or revised national
ambient air quality standard concurrently with such standard, then such
standard shall not apply to the review and disposition of a
preconstruction permit application until the Agency has published such
final regulations and guidance.
(c) Rules of Construction.--
(1) After publishing regulations and guidance for
implementing national ambient air quality standards under
subsection (a), nothing in this section shall preclude the
Environmental Protection Agency from issuing subsequent
regulations or guidance to assist States and facilities in
implementing such standards.
(2) Nothing in this section shall be construed to eliminate
the obligation of a preconstruction permit applicant to install
best available control technology and lowest achievable
emissions rate technology, as applicable.
(3) Nothing in this section shall be construed to limit the
authority of a State, local, or tribal permitting authority to
impose more stringent emissions requirements pursuant to State,
local, or tribal law than Federal national ambient air quality
standards established by the Environmental Protection Agency.
SEC. 4. REPORT TO CONGRESS ON ACTIONS TO EXPEDITE REVIEW OF
PRECONSTRUCTION PERMITS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Administrator shall
submit to Congress a report--
(1) identifying the activities being undertaken by the
Environmental Protection Agency to increase the efficiency of
the preconstruction permitting process;
(2) identifying the specific reasons for delays in
issuing--
(A) preconstruction permits required under part C
of the Clean Air Act (42 U.S.C. 7470 et seq.) beyond
the one-year statutory deadline mandated by section
165(c) of the Clean Air Act (42 U.S.C. 7475(c)); or
(B) preconstruction permits required under part D
of the Clean Air Act (42 U.S.C. 7501 et seq.) beyond
the one-year period beginning on the date on which the
permit application is determined to be complete;
(3) describing how the Agency is resolving delays in making
completeness determinations for preconstruction permit
applications;
(4) describing how the Agency is resolving processing
delays for preconstruction permits, including any increases in
communication with State and local permitting authorities; and
(5) summarizing and responding to public comments
concerning the report received under subsection (b).
(b) Public Comment.--Before submitting each report required by
subsection (a), the Administrator shall publish a draft report on the
Website of the Environmental Protection Agency and provide the public
with a period of at least 30 days to submit comments on the draft
report.
(c) Sources of Information.--Nothing in this section compels the
Environmental Protection Agency to seek or collect any information in
addition to the information that is voluntarily provided by States and
local air agencies for the RACT/BACT/LAER Clearinghouse database.
SEC. 5. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best available control technology.--The term ``best
available control technology'' has the meaning given to that
term in section 169(3) of the Clean Air Act (42 U.S.C.
7479(3)).
(3) Lowest achievable emissions rate.--The term ``lowest
achievable emissions rate'' has the meaning given to that term
in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
(4) Major emitting facility; major stationary source.--The
terms ``major emitting facility'' and ``major stationary
source'' have the meaning given to those terms in section
302(j) of the Clean Air Act (42 U.S.C. 7602(j)).
(5) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard for an air pollutant under section
109 of the Clean Air Act (42 U.S.C. 7409) that is finalized on
or after the date of enactment of this Act.
(6) Preconstruction permit.--The term ``preconstruction
permit''--
(A) means a permit that is required under part C or
D of title I of the Clean Air Act (42 U.S.C. 7470 et
seq.) for the construction or modification of a major
emitting facility or major stationary source; and
(B) includes any such permit issued by the
Environmental Protection Agency or a State, local, or
tribal permitting authority.
(7) RACT/BACT/LAER clearinghouse database.--The term
``RACT/BACT/LAER Clearinghouse database'' means the central
database of air pollution technology information that is posted
on the Environmental Protection Agency's Website. | Promoting New Manufacturing Act This bill requires the Environmental Protection Agency (EPA) to publish on its website, with respect to FY2008 and each fiscal year thereafter, estimates of: the total number of preconstruction permits issued annually under the Clean Air Act's New Source Review Program for the construction or modification of a major stationary source (any stationary facility or source of air pollutants which directly emits, or has the potential to emit, 100 tons per year or more of any regulated air pollutant); the percentage of permits issued within one year of the application; and the average length of time for the EPA's Environmental Appeals Board to decide appeals of decisions to grant or deny a permit. A new or revised national ambient air quality standard (NAAQS) may not apply to the review and disposition of a preconstruction permit application unless the EPA publishes implementation guidance with the NAAQS. The EPA must submit annually a report on actions to expedite the process for review of preconstruction permits. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES.
(a) Short Title.--This Act may be cited as the ``Measures to
Encourage Results in Teaching Act of 1998''.
(b) Findings.--Congress makes the following findings:
(1) All students deserve to be taught by well-educated,
competent, and qualified teachers.
(2) More than ever before, education has and will continue
to become the ticket not only to economic success but to basic
survival. Students will not succeed in meeting the demands of a
knowledge-based, 21st century society and economy if the
students do not encounter more challenging work in school. For
future generations to have the opportunities to achieve success
the future generations will need to have an education and a
teacher workforce second to none.
(3) No other intervention can make the difference that a
knowledgeable, skillful teacher can make in the learning
process. At the same time, nothing can fully compensate for
weak teaching that, despite good intentions, can result from a
teacher's lack of opportunity to acquire the knowledge and
skill needed to help students master the curriculum.
(4) The Federal Government established the Dwight D.
Eisenhower Professional Development Program in 1985 to ensure
that teachers and other educational staff have access to
sustained and high-quality professional development. This
ongoing development must include the ability to demonstrate and
judge the performance of teachers and other instructional
staff.
(5) States should evaluate their teachers on the basis of
demonstrated ability, including tests of subject matter
knowledge, teaching knowledge, and teaching skill. States
should develop a test for their teachers and other
instructional staff with respect to the subjects taught by the
teachers and staff, and should administer the test every 3 to 5
years.
(6) Evaluating and rewarding teachers with a compensation
system that supports teachers who become increasingly expert in
a subject area, are proficient in meeting the needs of students
and schools, and demonstrate high levels of performance
measured against professional teaching standards, will
encourage teachers to continue to learn needed skills and
broaden teachers' expertise, thereby enhancing education for
all students.
(c) Purposes.--The purposes of this Act are as follows:
(1) To provide incentives for States to establish and
administer periodic teacher testing and merit pay programs for
elementary school and secondary school teachers.
(2) To encourage States to establish merit pay programs
that have a significant impact on teacher salary scales.
(3) To encourage programs that recognize and reward the
best teachers, and encourage those teachers that need to do
better.
SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.
(a) Amendments.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
(1) by redesignating part D as part E;
(2) by redesignating sections 2401 and 2402 as sections
2501 and 2502, respectively; and
(3) by inserting after part C the following:
``PART D--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY
``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.
``(a) State Awards.--Notwithstanding any other provision of this
title, from funds described in subsection (b) that are made available
for a fiscal year, the Secretary shall make an award to each State
that--
``(1) administers a test to each elementary school and
secondary school teacher in the State, with respect to the
subjects taught by the teacher, every 3 to 5 years; and
``(2) has an elementary school and secondary school teacher
compensation system that is based on merit.
``(b) Available Funding.--The amount of funds referred to in
subsection (a) that are available to carry out this section for a
fiscal year is 50 percent of the amount of funds appropriated to carry
out this title that are in excess of the amount so appropriated for
fiscal year 1999, except that no funds shall be available to carry out
this section for any fiscal year for which--
``(1) the amount appropriated to carry out this title
exceeds $600,000,000; or
``(2) each of the several States is eligible to receive an
award under this section.
``(c) Award Amount.--A State shall receive an award under this
section in an amount that bears the same relation to the total amount
available for awards under this section for a fiscal year as the number
of States that are eligible to receive such an award for the fiscal
year bears to the total number of all States so eligible for the fiscal
year.
``(d) Use of Funds.--Funds provided under this section may be used
by States to carry out the activities described in section 2207.
``(e) Definition of State.--For the purpose of this section, the
term `State' means each of the 50 States and the District of
Columbia.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999.
SEC. 3. TEACHER TESTING AND MERIT PAY.
(a) In General.--Notwithstanding any other provision of law, a
State may use Federal education funds--
(1) to carry out a test of each elementary school or
secondary school teacher in the State with respect to the
subjects taught by the teacher; or
(2) to establish a merit pay program for the teachers.
(b) Definitions.--In this section, the terms ``elementary school''
and ``secondary school'' have the meanings given the terms in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801). | Measures to Encourage Results in Teaching Act of 1998 - Amends title II (Dwight D. Eisenhower Professional Development Program) of the Elementary and Secondary Education Act of 1965 to establish a new part D (State Incentives for Teacher Testing and Merit Pay).
Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; and (2) has an elementary school and secondary school teacher compensation system based on merit.
Allows States to use Federal education funds for teacher testing and merit pay programs. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recruitment and Diversity in Nursing
Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States is experiencing a nursing shortage
due to declining enrollment rates in education and nursing
programs. The Federal Government has a substantial interest in
addressing the nursing shortage, because the shortage affects
the overall health and safety of patients receiving health
care.
(2) The average age of nurses in the United States is 43.3.
Unless the Congress takes affirmative measures, the shortage
will only continue to worsen as nurses retire and leave the
profession.
(3) Increasing access to nursing education for
nontraditional students will result in more people entering the
profession and thus combat the current nursing shortage and
help to reduce the average age of nurses.
(4) Increasing the awareness of elementary and secondary
school students about careers in nursing, through the use of
nonprofit organizations, will assist in recruitment of
nontraditional nursing students and thus combat the current
nursing shortage and help to reduce the average age of nurses.
SEC. 3. SCHOLARSHIP PROGRAM FOR NONTRADITIONAL NURSING STUDENTS.
(a) Establishment.--Section 846 of the Public Health Service Act
(42 U.S.C. 297n) is amended--
(1) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
and
(2) by inserting after subsection (d) the following:
``(e) Scholarship Program.--
``(1) In general.--The Secretary shall (for fiscal years
2003 and 2004) and may (for fiscal years thereafter) carry out
a program of entering into contracts with nontraditional
nursing students under which such students agree to serve as
nurses for a period of not less than 2 years at a health care
facility with a critical shortage of nurses, in consideration
of the Federal Government agreeing to provide to the students
scholarships for attendance at accredited schools of nursing.
``(2) Nontraditional nursing student.--In this subsection,
the term `nontraditional nursing student' means an individual
who--
``(A) belongs to a group that is underrepresented
among registered nurses, including socially
disadvantaged individuals and males; and
``(B) is enrolled or accepted for enrollment as a
full-time or part-time student in an accredited school
of nursing.
``(3) Advanced degree programs.--The Secretary shall ensure
that not more than 25 percent of the contracts entered into
under this subsection are for scholarships for training in
advanced degree programs (as that term is used in section 811).
``(4) Service requirement.--
``(A) In general.--The Secretary may not enter into
a contract with a nontraditional nursing student under
this subsection unless the student agrees to serve as a
nurse at a health care facility with a critical
shortage of nurses for a period of full-time service of
not less than 2 years, or for a period of part-time
service in accordance with subparagraph (B).
``(B) Part-time service.--A nontraditional nursing
student may complete the period of service described in
subparagraph (A) on a part-time basis if the student
has a written agreement that--
``(i) is entered into by the facility and
the student and is approved by the Secretary;
and
``(ii) provides that the period of
obligated service will be extended so that the
aggregate amount of service performed will
equal the amount of service that would be
performed through a period of full-time service
of not less than 2 years.
``(5) Applicability of certain provisions.--The provisions
of subpart III of part D of title III shall, except as
inconsistent with this section, apply to the program
established in paragraph (1) in the same manner and to the same
extent as such provisions apply to the National Health Service
Corps Scholarship Program established in such subpart.''.
(b) Preference Based on Financial Need.--Section 846(f) of the
Public Health Service Act (42 U.S.C. 297n) (as redesignated by
subsection (a)(1)) is amended by striking ``under subsection (a) or
(d)'' and inserting ``under subsections (a), (d), and (e)''.
(c) Authorization of Appropriations.--Subsection (j) of section 846
of the Public Health Service Act (42 U.S.C. 297n) (as redesignated by
subsection (a)(1)) is amended--
(1) in paragraph (1)--
(A) by striking ``For the purpose of'' and
inserting the following:
``(A) For the purpose of''; and
(B) by adding at the end the following:
``(B) For the purpose of carrying out subsection
(e), there are authorized to be appropriated such sums
as may be necessary for each of fiscal years 2003
through 2007, except that funds may be appropriated for
such purpose for a fiscal year only if the amount of
such funds will be sufficient for the Secretary to
enter into agreements that year under subsection (e)
with not less than 250 nontraditional nursing
students.''; and
(2) in paragraph (2), by striking ``amounts appropriated
under paragraph (1)'' and inserting ``amounts appropriated
under paragraph (1)(A)''.
SEC. 4. PROMOTING AND RECRUITING NURSES THROUGH ELEMENTARY AND
SECONDARY SCHOOL INITIATIVES.
Part H of title VIII of the Public Health Service Act (42 U.S.C.
297w et seq.) is amended--
(1) by amending the part heading to read as follows:
``PART H--PUBLIC SERVICE ANNOUNCEMENTS AND RECRUITING'';
and
(2) by adding at the end the following:
``SEC. 853. PROMOTING AND RECRUITING NURSES THROUGH ELEMENTARY AND
SECONDARY SCHOOL INITIATIVES.
``(a) In General.--The Secretary shall (for fiscal years 2003 and
2004) and may (for fiscal years thereafter) make grants to eligible
entities to carry out nursing awareness and recruitment programs in
elementary schools and secondary schools.
``(b) Use of Funds.--The Secretary may not make a grant to an
applicant under this subsection unless the applicant agrees--
``(1) to use the grant to promote careers in nursing by
carrying out nursing awareness and recruitment programs in
elementary and secondary schools, of which at least 50 percent
must have a high percentage of nontraditional students; and
``(2) in carrying out such programs, to encourage
increasing the diversity of the nursing profession by
presenting a diverse image of nursing inclusive of
nontraditional students.
``(c) Duration of Grant.--The Secretary may not make a grant under
this section for a period of more than 3 years.
``(d) Report.--Not later than 18 months after the date of enactment
of this section and annually thereafter, the Secretary shall submit to
the Congress a report describing the programs carried out with grants
under this section, including the following:
``(1) The number of grant recipients.
``(2) The number of schools visited.
``(3) The total amount in grants awarded.
``(4) The educational institutions that received visits.
``(5) To the extent that it can be determined, the number
of students who have an increased interest in nursing.
``(6) The educational methods used by grant recipients to
encourage a diverse image of nursing.
``(7) The demographics of the schools and students
participating in the nursing awareness programs.
``(8) Not later than 10 years after the date of enactment
of this section, the percentage and number of individuals from
the visited schools entering nursing careers in comparison to
such percentage and number before the visits.
``(9) An evaluation of the overall costs and benefits of
the programs.
``(e) Definitions.--For purposes of this section:
``(1) The terms `elementary school' and `secondary school'
have the meaning given to those terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(2) The term `eligible entity' means any public or
private nonprofit organization involved in nursing issues, any
other public or private nonprofit organization approved by the
Secretary, any school of nursing, any nursing center, any
academic health center, and any State or local government.''.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2003 through 2007.''. | Recruitment and Diversity in Nursing Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a program in which nontraditional nursing students shall contract to serve at least two years at a health care facility with a critical shortage of nurses after attending an accredited school of nursing on a Federal scholarship. Requires the program to run from FY 2003 to 2004, and permits the Secretary to extend the program thereafter.Sets a maximum figure of 25 percent of the number of scholarships that may be used for training in advanced degree programs. Allows a recipient to complete a period of service on a part-time basis under certain conditions.Applies certain provisions applicable to the National Health Service Corps Program to the nursing scholarship program. Directs the Secretary to give preference in entering into contracts in such program to individuals in financial need.Requires the Secretary to make grants to eligible entities to carry out nursing awareness and recruitment programs in elementary schools and secondary schools. States that the program shall run from FY 2003 to 2004, and permits the Secretary to extend the program thereafter. Requires that of the schools in which a beneficiary conducts awareness and recruitment programs, at least half must have a high percentage of nontraditional students. Prohibits any grant for nursing awareness and recruitment programs from lasting for a period of more than three years. | billsum_train |
Give a brief overview of the following text: SECTION 1. PURPOSE.
The purpose of this Act is to assist municipalities and local
communities to explore and determine options for the alternative
provision of electricity and, at their discretion, to create or expand
public power systems.
SEC. 2. COMMUNITY POWER INVESTMENT REVOLVING LOAN FUND.
(a) Revolving Loan Fund.--There is established in the Treasury of
the United States a revolving loan fund to be known as the ``Community
Power Investment Revolving Loan Fund'' consisting of such amounts as
may be appropriated or credited to such Fund as provided in this
section.
(b) Expenditures From Loan Funds.--
(1) In general.--The Secretary of Energy, under such rules
and regulations as the Secretary may prescribe, may make loans
from the Community Power Investment Revolving Loan Fund,
without further appropriation, to a State or local government,
including any municipality.
(2) Purpose.--Loans provided under this section shall be
used only for any of the following:
(A) Feasibility studies to investigate options for
the creation or expansion of public power systems.
(B) Community development assistance programs to
stem rising energy costs, including low-income customer
payment programs.
(C) Energy efficiency programs and other local
conservation measures.
(D) Incentives for new renewable energy resources,
including research and development programs, purchases
from alternative energy providers, and construction of
new generation facilities.
(E) Increased and rapid deployment of distributed
energy generation resources, including the following:
(i) Microturbines.
(ii) Fuel cells.
(iii) Combined heat and power systems.
(iv) Advanced internal combustion engine
generators.
(v) Advanced natural gas turbines.
(vi) Energy storage devices.
(vii) Distributed generation research and
development for local communities, including
interconnection standards and equipment, and
dispatch and control services that preserve
appropriate local control authority to protect
distribution system safety, reliability, and
new and backup power quality.
(F) Purchase of existing electricity generation and
transmission systems of private power companies.
(G) Construction of new electricity generation and
transmission facilities.
(H) Education and public information programs.
(3) Restrictions.--No loan may be made under this section
to any entity that is financially distressed, delinquent on any
Federal debt, or in current bankruptcy proceedings. No loan
shall be made under this section unless the Secretary
determines that--
(A) there is reasonable assurance of repayment of
the loan; and
(B) the amount of the loan, together with other
funds provided by or available to the recipient, is
adequate to assure completion of the facility or
facilities for which the loan is made.
(c) Loan Repayments.--
(1) Length of repayment.--
(A) In general.--Before making a loan under this
section, the Secretary shall determine the period of
time within which a State must repay such loan.
(B) Limitation.--Except as provided in subparagraph
(C), the Secretary shall in no case allow repayment of
such loan--
(i) to begin later than the date that is
one year after the date on which the loan is
made; and
(ii) to be completed later than the date
that is 30 years after the date on which the
loan is made.
(C) Moratorium.--The Secretary may grant a
temporary moratorium on the repayment of a loan
provided under this section if, in the determination of
the Secretary, continued repayment of such loan would
cause a financial hardship on the State that received
the loan.
(2) Interest.--The Secretary may not impose or collect
interest on a loan provided under this section in excess of one
percent above the current U.S. Treasury rate for obligations of
similar maturity.
(3) Credit to loan fund.--Repayment of amounts loaned under
this section shall be credited to the Community Power
Investment Revolving Loan Fund and shall be available for the
purposes for which the fund is established.
(4) Finance charges.--The Secretary may assess finance
charges of 5 percent on loans under this section that are
repaid within 5 to 10 years, 3 percent on such loans that are
repaid within 3 to 5 years, and one percent for loans repaid
within 3 years.
(d) Administration Expenses.--The Secretary may defray the expenses
of administering the loans provided under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Community Power Investment Revolving Loan Fund
$5,000,000,000 for each of the fiscal years 2002 through 2007.
SEC. 3. STRANDED COSTS.
Section 206 of the Federal Power Act is amended by adding the
following new subsection after subsection (d):
``(e) Stranded Cost Recovery.--The Commission shall prohibit any
public utility or State regulatory authority from imposing, after the
enactment of this subsection, any fee or charge (including any exit
fee) on any electric consumer or State or municipality (or entity
established by a State or municipality) for the purpose of recovering
any wholesale stranded costs of such public utility that may occur when
retail electric consumers cease to be served by that public utility by
reason of the provision of electric service to such consumers by a
State or a political subdivision of a State (or by any entity
established by such State or political subdivision). As promptly as
practical after the enactment of this subsection, the Commission shall
amend such rules and orders of the Commission as may be necessary to
carry out this subsection.''.
SEC. 4. REPEAL OF RESTRICTION ON USE OF TAX-EXEMPT BONDS TO ACQUIRE
OUTPUT FACILITIES.
(a) In General.--Section 141 of the Internal Revenue Code of 1986
(relating to private activity bond; qualified bond) is amended by
striking subsection (d) and by redesignating subsection (e) and
subsection (d).
(b) Effective Date.--The amendment made by subsection (a) shall
apply to obligations issued after the date of the enactment of this
Act. | Establishes the Community Power Investment Revolving Loan Fund. Authorizes the Secretary of Energy to make loans from such Fund to a State, local, or municipal government in sound financial standing for the development of alternative energy and energy delivery systems. Prescribes loan repayment guidelines.Amends the Federal Power Act to direct the Federal Energy Regulatory Commission to prohibit any public utility or State regulatory authority from imposing any fee or charge on any electric consumer, State, or municipality for the purpose of recovering wholesale stranded costs it may incur when retail electric consumers cease to be served by that public utility by reason of the provision of electric service by a State or local government.Amends the Internal Revenue Code to repeal the restriction placed upon the use of tax-exempt bonds to acquire nongovernmental output property. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Race to the Job Initiative Act''.
SEC. 2. ESTABLISHMENT.
(a) In General.--The Secretary of the Treasury shall establish and
administer a grant program to provide grants to eligible low-income
communities for community development.
(b) Limitations.--
(1) Number of grant recipients in first year.--Not later
than one year after the date of the enactment of this Act, the
Secretary shall select 30 eligible low-income communities to
receive grants under section 3.
(2) Number of grant recipients in second year.--Not later
than one year after the date on which the Secretary selects 30
eligible low-income communities under paragraph (1), the
Secretary shall select an additional 20 eligible low-income
communities to receive grants under section 3.
(3) Geographic limitation.--The Secretary may not select
more than 3 eligible low-income communities located in the same
State to receive grants under section 3.
(c) Application.--
(1) In general.--To be selected to receive grants under
section 3, an eligible low-income community shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
(2) Other requirements.--
(A) Partner community development financial
institution.--In an application submitted under this
subsection, an eligible low-income community shall
specify at least one community development financial
institution to receive a capital assistance grant under
section 4.
(B) Concentrated poverty.--Each application under
this subsection shall include a description of how the
eligible low-income community has experienced
concentrated poverty.
(C) Development proposal.--Each application under
this subsection shall include a description of how the
eligible low-income community plans to use the grant
funds awarded under section 3 to--
(i) improve the economy of the community
without displacing residents that reside in the
community on the date the application for such
grant funds is submitted;
(ii) create programs that would benefit
disadvantaged populations that reside in the
community;
(iii) establish or expand an anchor
institution, as such term is defined under
section 3(1)(B);
(iv) identify and target a high-growth
sector of the economy;
(v) offer affordable financial services to
the local community; and
(vi) identify potential investors to target
for matching funds.
(d) Priority.--In awarding grants under section 3, the Secretary
shall give priority to an eligible low-income community that is
experiencing a high poverty rate at the time the application for such
grant is submitted.
SEC. 3. GRANTS TO ELIGIBLE LOW-INCOME COMMUNITIES.
The Secretary shall award to each eligible low-income community
selected under section 2(b) each of the following grants:
(1) Anchor institution grants.--
(A) Use of funds.--
(i) In general.--Grant funds awarded under
this paragraph shall be used to establish or
expand anchor institutions in the eligible low-
income community.
(ii) Limitation.--Grant funds awarded under
this paragraph may not be used to fund more
than 25 percent of the total cost associated
with the establishment or expansion of an
anchor institution.
(iii) Job training programs.--If grant
funds awarded under this paragraph are used to
establish or expand an anchor institution in
the eligible low-income community that provides
job training programs, such funds may only be
used to fund job training programs that serve
residents of such eligible low-income
community.
(B) Anchor institution defined.--In this paragraph,
the term ``anchor institution'' means hospitals,
colleges, research centers, nonprofit institutions, and
such other institutions the Secretary may specify.
(C) Authorization of appropriations.--For grants
under this paragraph, there is authorized to be
appropriated $100,000,000 for fiscal year 2017, to
remain available until expended.
(2) Infrastructure grants.--
(A) Use of funds.--
(i) In general.--Grant funds awarded under
this paragraph shall be used for public
infrastructure improvement projects in the
eligible low-income community.
(ii) Limitation.--Grant funds awarded under
this paragraph may not be used to fund more
than 10 percent of the total cost associated
with a public infrastructure improvement
project.
(B) Authorization of appropriations.--For grants
under this paragraph, there is authorized to be
appropriated $200,000,000 for fiscal year 2017, to
remain available until expended.
(3) Technical assistance grants.--
(A) In general.--Grant funds awarded under this
paragraph shall be used to make technical assistance
grants.
(B) Authorization of appropriations.--For grants
under this paragraph, there is authorized to be
appropriated $20,000,000 for fiscal year 2017, to
remain available until expended.
SEC. 4. CAPITAL ASSISTANCE GRANTS TO PARTNER COMMUNITY DEVELOPMENT
FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary shall award a capital assistance
grant to each community development financial institution that is
specified in the application of an eligible low-income community
selected under section 2(b) to receive grants under section 3.
(b) Use of Funds.--Grant funds awarded under this section may be
used to make loans to, and invest in, businesses, organizations, or
public-private partnerships located in the eligible low-income
community.
(c) Authorization of Appropriations.--For grants under this
section, there is authorized to be appropriated $200,000,000 for fiscal
year 2017, to remain available until expended.
SEC. 5. TAX CREDIT FOR COMMUNITY INVESTMENT.
(a) In General.--Section 45D of subpart D of part IV of subchapter
A of chapter 1 of the Internal Revenue Code of 1986 is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Special Rules for Certain Partner Community Development
Financial Institutions.--For purposes of this section, in the case of a
partner community development financial institution that is specified
in the application of an eligible low-income community selected under
section 2(b) of the Race to the Job Initiative Act to receive grants
under section 3 of such Act--
``(1) such institution shall be treated as a qualified
community development entity without regard to the allocation
limitations under subsection (f); and
``(2) the term `low-income community' shall mean such
eligible low-income community.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to a partner community development financial institution
that is specified in the application of an eligible low-income
community selected by the Secretary under section 2(b) after the date
of the enactment of this Act.
SEC. 6. INCREASE IN CDFI AWARD AMOUNTS.
Section 108(d) of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4704) is amended--
(1) in paragraph (1), by inserting after ``assistance'' the
following: ``(or, in the case of a community development
financial institution receiving a capital assistance grant
under section 4 of the Race to the Job Initiative Act,
$20,000,000)''; and
(2) by adding at the end the following:
``(4) Annual assistance limitation for certain
institutions.--In the case of a community development financial
institution receiving a capital assistance grant under section
4 of the Race to the Job Initiative Act, the Fund may not
provide such community development financial institution and
its subsidiaries and affiliates with more than--
``(A) $10,000,000 in annual financial assistance;
and
``(B) $500,000 in annual technical assistance.''.
SEC. 7. DEFINITIONS.
In this Act:
(1) Community development financial institution.--The term
``community development financial institution'' has the meaning
given such term in section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702).
(2) Eligible low-income community.--The term ``eligible
low-income community'' means a city or county with--
(A) a census tract with a poverty rate of at least
30 percent (as determined by the Office of Management
and Budget using the most recent decennial census for
which data are available); and
(B) with an unemployment rate that is at least 150
percent of the national average (as determined by the
Bureau of Labor Statistics).
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States. | Race to the Job Initiative Act This bill requires the Department of the Treasury to establish and administer a grant program to provide anchor institution (i.e., a hospital, college, research center, or nonprofit institution) grants and infrastructure grants to eligible low-income communities for community development. Treasury shall select: (1) within the first year after enactment of this bill, 30 of such low-income communities to receive these grants; and (2) within the second year, an additional 20 of these communities. Treasury must award a capital assistance grant to each community development financial institution specified in the grantee's application to make loans to, and invest in, businesses, organizations, or public-private partnerships located in the eligible low-income community. The bill amends the Internal Revenue Code to allow a new markets tax credit for investment in a partner community development financial institution without regard to allocation limitations on such credit. The bill amends the Community Development Banking and Financial Institutions Act of 1994 to limit to $20 million (in the aggregate, during a three-year period) an award from the Community Development Financial Institutions (CDFI) Fund to a community development financial institution and its subsidiaries and affiliates receiving a capital assistance grant under this bill. CDFI funds are limited annually for these entities to: (1) $10 million for financial assistance, and (2) $500,000 for technical assistance. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Chinook Nation
Restoration Act''.
(b) Findings.--Congress finds the following:
(1) The Chinook Nation made a significant contribution to
the historic journey of Meriwether Lewis and William Clark to
the Pacific Ocean by greeting the expedition and their company
as well as trading with them throughout the winter of 1805-
1806.
(2) The United States subsequently recognized the Chinook
Nation as an Indian tribe in the Anson Dart (Tansy Point)
Treaty of 1851, and the Isaac Stevens (Chehalis River) Treaty
of 1855, but neither treaty was ratified, resulting in serious
harm to the Chinook people.
(3) As a result of the failure of the United States to
protect the Chinook Nation and people, the Chinooks lost their
historic lands on the Columbia River, and a great number of
them succumbed to poverty and disease in the 19th century.
(4) It was the intent of Congress in the Act of March 4,
1911 (36 Stat. 1345), to provide restitution to the Chinook
people in the form of allotments of land on existing Indian
reservations, which the Supreme Court of the United States
upheld in Halbert v. United States (283 U.S. 753 (1931)).
(5) Congress named four of the five tribes of the Chinook
Nation, the Lower Chinook, Wahkiakum, Cathlamet, and Clatsop,
in the Western Oregon Termination Act of 1954, and this Act is
the only basis for termination of the Federal relationship with
the Tribe.
(6) The Chinook Nation has remained active on the Lower
Columbia River and Willapa Bay in the vicinity of the
reservation area of the Tansy Point Treaty and is well-known to
neighboring tribes and other communities.
(7) The Chinook people have survived and maintained their
language, Chinookwawa, and culture despite decades of neglect
by the United States.
(8) With different Administrations disagreeing about the
legal status of the Chinook Nation, it is time for Congress to
restore the Chinook Nation to Federal tribal status.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Member.--The term ``member'' means an enrolled member
of the Chinook Nation as of the date of enactment of this Act,
or an individual who has been placed on the membership role in
accordance with this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Chinook Indian
Nation, composed of the Lower Chinook, Wahkiakum, Cathlamet,
Clatsop, and Willapa Tribes.
(4) State.--The term ``State'' means the State of
Washington.
(5) State territorial waters.--The term ``State territorial
waters'' means all waters within the territorial limits of the
State of Washington.
SEC. 3. FEDERAL RECOGNITION.
Federal recognition is hereby extended to the Chinook Indian
Nation. Except as otherwise provided in this Act, all laws and
regulations of the United States of general application to Indians, and
nations, tribes, or bands of Indians, including the Act of June 18,
1934 (25 U.S.C. 461 et seq.), that are not inconsistent with any
specific provision of this Act shall be applicable to the Tribe and its
members.
SEC. 4. FEDERAL SERVICES AND BENEFITS.
(a) In General.--The Tribe and its members shall be eligible, on
and after the date of the enactment of this Act, for all services and
benefits provided by the Federal Government to federally recognized
tribes without regard to the existence of a reservation for the Tribe
or the location of the residence of any member on or near any Indian
reservation.
(b) Service Area.--For purposes of the delivery of Federal services
to enrolled members of the Tribe, the Tribe's service area shall
consist of Pacific, Wahkiakum, Cowlitz, and Clark Counties, Washington,
and Clatsop and Columbia Counties, Oregon.
(c) Civil Jurisdiction.--Upon approval of the constitution and
bylaws pursuant to section 6 of this Act, the Nation shall exercise
jurisdiction over all its members who reside within the service area
located in the State in matters pursuant to the Indian Child Welfare
Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing
upon a reservation as defined in that Act.
SEC. 5. MEMBERSHIP.
Not later than 9 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals enrolled in the Tribe.
SEC. 6. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 1 year after the date of the
enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under this section, the governing
documents in effect on the date of the enactment of the Act
shall be the interim governing documents for the Tribe most
recently submitted to the Department of the Interior.
(b) Officials.--Not later than 6 months after the Tribe adopts a
constitution and bylaws pursuant to this section, the Tribe shall elect
a governing body in accordance with the procedures set forth in its
constitution and bylaws. Until such time as a new governing body is
elected, the governing body of the Tribe shall be the governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 7. LAND IN TRUST.
(a) Requirement To Take Land in Trust.--If the Tribe transfers all
right, title, and interest in and to any land to the Secretary, the
Secretary shall take such land in trust for the benefit of the Tribe,
subject to subsection (c). This subsection does not limit the authority
of the Secretary to take land in trust under the Indian Reorganization
Act.
(b) Plan for Establishment of Reservation.--
(1) In general.--The Secretary shall--
(A) negotiate with the tribal governing body with
respect to establishing a reservation for the Tribe;
and
(B) not later than two years after the date of
enactment of this Act, develop a plan for establishment
of a reservation.
(2) Consultation with state and local officials required.--
To assure that legitimate State and local interests are not
prejudiced by the proposed establishment of the reservation,
the Secretary shall notify and consult with all appropriate
officials of the State and all owners of land adjacent to lands
considered for the proposed reservation in developing any plan
under this subsection. The Secretary shall provide complete
information on the proposed plan to such officials, including
the restrictions imposed by subsection (c). During any
consultation by the Secretary under this subsection, the
Secretary shall provide such information as the Secretary
possesses and request comments and additional information on
the following subjects:
(A) The size and location of the proposed
reservation.
(B) The anticipated effect of the establishment of
the proposed reservation on State and local
expenditures and tax revenues.
(C) The extent of any State or local service to the
Tribe, the reservation, or members after the
establishment of the proposed reservation.
(D) The extent of Federal services to be provided
in the future to the Tribe, the reservation, or
members.
(E) The extent of service to be provided in the
future by the Tribe to members resident on or off the
reservation.
(3) Restrictions on plan.--A plan developed pursuant to
this subsection shall be in accordance with subsection (c).
(4) Submission of plan.--
(A) Submission to congress.--Upon the approval by
the tribal governing body of the plan developed
pursuant to this subsection (and after consultation
with interested parties pursuant to paragraph (2)), the
Secretary shall submit the plan to the Clerk of the
House of Representatives and the Secretary of the
Senate for distribution to the committees of the
respective Houses of Congress with jurisdiction over
the subject matter.
(B) Appendix to plan.--The Secretary shall append
to the plan submitted to Congress under this subsection
a detailed statement--
(i) describing the manner in which the
Secretary notified all interested parties in
accordance with this subsection;
(ii) naming each individual and official
consulted in accordance with this subsection;
(iii) summarizing the testimony received by
the Secretary pursuant to any such
consultation; and
(iv) including any written comments or
reports submitted to the Secretary by any party
named pursuant to clause (ii).
(c) Restrictions on Land Taken in Trust.--
(1) Any real property transferred by the Tribe or any
member to the Secretary shall be taken and held in the name of
the United States for the benefit of the Tribe.
(2) The Secretary shall not accept any real property in
trust for the benefit of the Tribe that is not located within
the political boundaries of Pacific, Wahkiakum, or Cowlitz
County, Washington.
(3) Any privately owned lands acquired by the Tribe or its
members to be taken in trust by the Secretary for the benefit
of the Tribe shall be acquired on a willing-seller, willing-
buyer basis.
(4) No eminent domain authority may be exercised for the
purposes of acquiring lands for the benefit of the Tribe.
SEC. 8. FISHING, HUNTING, AND TRAPPING RIGHTS NOT RESTORED.
(a) In General.--No nonceremonial fishing, hunting, or trapping
rights of any nature of the Tribe or of any member of the Tribe,
including any indirect or procedural right or advantage over
individuals who are not members, are granted or restored under this
Act. Ceremonial hunting and fishing rights (not to include whaling)
shall be allowed in the area in which the Tribe has historically hunted
or fished, in Pacific and Wahkiakum Counties, Washington.
(b) Ceremonial Hunting and Fishing.--
(1) Defined.--Ceremonial hunting and fishing includes
traditional occasions on which the tribe has traditionally
fished, including--
(A) the First Salmon ceremony, which takes place
annually on the third Friday of June;
(B) the Winter Gathering, which takes place
annually on the third Saturday of January; and
(C) the funerals of certain tribal members, to be
determined in the Tribe's constitution.
(2) Time period.--Ceremonial hunting and fishing may take
place for up to 3 calendar days during the week preceding the
ceremonies referred to in paragraph (1).
(c) Permits.--The director of the Washington Department of Fish and
Wildlife--
(1) may issue permits to members of the Chinook Nation to
take fish for ceremonial purposes;
(2) shall establish the areas in which the permits are
valid; and
(3) shall regulate the times for and manner of taking the
fish, and the allocations from which they will be taken.
(d) Rules and Regulations.--To assure that ceremonial fishing is
consistent with the Tribe's historic customs and traditions, any member
of the Tribe who wishes to take part in ceremonial fishing, must do so
pursuant to--
(1) any rules or regulations put forth by the Washington
Department of Fish and Wildlife with respect to Indian
ceremonial fishing; and
(2) any rules or regulations put forth by the Washington
Department of Fish and Wildlife, or by the Washington
Administrative Code, with regard to the commercial and
recreational allocations.
(e) Allocation.--Fish taken for ceremonial purposes will be drawn
from the commercial and recreational allocations as designated by the
Washington Department of Fish and Wildlife.
(f) No Commercial Rights.--Nothing in this section shall be
construed to create a right to fish commercially.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$2,000,000 for fiscal year 2010, $3,000,000 for fiscal year 2011, and
$4,000,000 for fiscal year 2012. | Chinook Nation Restoration Act - Extends federal recognition to the Chinook Indian Nation. Makes the Chinook Tribe and its members eligible for all services and benefits provided by the government to federally recognized tribes regardless of the existence of a reservation or the location of residence of any member on or near any Indian reservation. Designates specified counties in Washington and Oregon as the Tribe's service area for delivery of federal services to enrolled members.
Requires the Tribe to: (1) submit to the Secretary of the Interior a membership roll; and (2) conduct, by secret ballot, an election to adopt a constitution and bylaws. Directs the Secretary: (1) if the Tribe transfers all rights to land to the Secretary, to take such land in trust for the Tribe's benefit, subject to restrictions; (2) to negotiate with the tribal governing body regarding establishing a reservation; and (3) to develop a plan for doing so.
Requires the Secretary to: (1) notify and consult with all appropriate state officials and owners of land adjacent to those considered for the proposed reservation; and (2) provide complete information on the proposed plan to such officials. Requires submission of the plan to Congress upon approval by the tribal governing body.
Requires any real property transferred by the Tribe or any member to the Secretary to be held in the name of the United States for the Tribe's benefit. Prohibits the exercise of eminent domain for purposes of acquiring lands for the Tribe's benefit.
Allows and regulates ceremonial hunting and fishing in specified Washington counties. | billsum_train |
Condense the following text into a summary: SECTION 1. E-VERIFY PROGRAM.
(a) Short Title.--This section may be cited as the ``Employee
Verification Amendment Act of 2009''.
(b) Extension of Program.--Section 401(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) is amended by striking ``at the end of the 11-year period
beginning on the first day the pilot program is in effect.'' and
inserting ``on September 30, 2014.''.
(c) Protection of Social Security Administration Programs.--
(1) Funding under agreement.--Effective for fiscal years
beginning on or after October 1, 2008, the Commissioner of
Social Security and the Secretary of Homeland Security shall
enter into and maintain an agreement which shall--
(A) provide funds to the Commissioner for the full
costs of the responsibilities of the Commissioner under
section 404 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), including (but not limited to)--
(i) acquiring, installing, and maintaining
technological equipment and systems necessary
for the fulfillment of the responsibilities of
the Commissioner under such section 404, but
only that portion of such costs that are
attributable exclusively to such
responsibilities; and
(ii) responding to individuals who contest
a tentative nonconfirmation provided by the
basic pilot confirmation system established
under such section;
(B) provide such funds quarterly in advance of the
applicable quarter based on estimating methodology
agreed to by the Commissioner and the Secretary (except
in such instances where the delayed enactment of an
annual appropriation may preclude such quarterly
payments); and
(C) require an annual accounting and reconciliation
of the actual costs incurred and the funds provided
under the agreement, which shall be reviewed by the
Office of Inspector General of the Social Security
Administration and the Department of Homeland Security.
(2) Continuation of employment verification in absence of
timely agreement.--In any case in which the agreement required
under paragraph (1) for any fiscal year beginning on or after
October 1, 2008, has not been reached as of October 1 of such
fiscal year, the latest agreement between the Commissioner and
the Secretary of Homeland Security providing for funding to
cover the costs of the responsibilities of the Commissioner
under section 404 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be deemed in effect on an interim basis for such fiscal
year until such time as an agreement required under paragraph
(1) is subsequently reached, except that the terms of such
interim agreement shall be modified by the Director of the
Office of Management and Budget to adjust for inflation and any
increase or decrease in the volume of requests under the basic
pilot confirmation system. In any case in which an interim
agreement applies for any fiscal year under this subsection,
the Commissioner and the Secretary shall, not later than
October 1 of such fiscal year, notify the Committee on Ways and
Means, the Committee on the Judiciary, and the Committee on
Appropriations of the House of Representatives and the
Committee on Finance, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate of the failure to
reach the agreement required under paragraph (1) for such
fiscal year. Until such time as the agreement required under
paragraph (1) has been reached for such fiscal year, the
Commissioner and the Secretary shall, not later than the end of
each 90-day period after October 1 of such fiscal year, notify
such Committees of the status of negotiations between the
Commissioner and the Secretary in order to reach such an
agreement.
(d) GAO Study of Basic Pilot Confirmation System.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study regarding erroneous
tentative nonconfirmations under the basic pilot confirmation
system established under section 404(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note).
(2) Matters to be studied.--In the study required under
paragraph (1), the Comptroller General shall determine and
analyze--
(A) the causes of erroneous tentative
nonconfirmations under the basic pilot confirmation
system;
(B) the processes by which such erroneous tentative
nonconfirmations are remedied; and
(C) the effect of such erroneous tentative
nonconfirmations on individuals, employers, and Federal
agencies.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit the
results of the study required under paragraph (1) to the
Committee on Ways and Means and the Committee on the Judiciary
of the House of Representatives and the Committee on Finance
and the Committee on the Judiciary of the Senate.
(e) GAO Study of Effects of Basic Pilot on Small Entities.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on the Judiciary
of the House of Representatives and the Senate a report
containing the Comptroller General's analysis of the effects of
the basic pilot program described in section 403(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note) on small entities (as defined in
section 601 of title 5, United States Code). The report shall
detail--
(A) the costs of compliance with such program on
small entities;
(B) a description and an estimate of the number of
small entities enrolled and participating in such
program or an explanation of why no such estimate is
available;
(C) the projected reporting, recordkeeping and
other compliance requirements of such program on small
entities;
(D) factors that impact small entities' enrollment
and participation in such program, including access to
appropriate technology, geography, entity size, and
class of entity; and
(E) the steps, if any, the Secretary of Homeland
Security has taken to minimize the economic impact of
participating in such program on small entities.
(2) Direct and indirect effects.--The report shall cover,
and treat separately, direct effects (such as wages, time, and
fees spent on compliance) and indirect effects (such as the
effect on cash flow, sales, and competitiveness).
(3) Specific contents.--The report shall provide specific
and separate details with respect to--
(A) small businesses (as defined in section 601 of
title 5, United States Code) with fewer than 50
employees; and
(B) small entities operating in States that have
mandated use of the basic pilot program.
SEC. 2. EB-5 REGIONAL CENTER PILOT PROGRAM.
Section 610(b) of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C.
1153 note) is amended by striking ``shall set aside'' and all that
follows through ``eligible for admission'' and inserting ``shall set
aside 3,000 visas annually for fiscal years through fiscal year 2014 to
include such aliens as are eligible for admission''.
SEC. 3. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM.
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are
amended by striking ``September 30, 2009,'' each place such term
appears and inserting ``September 30, 2014,''.
SEC. 4. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO
INTERNATIONAL MEDICAL GRADUATES.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking
``September 30, 2009'' and inserting ``September 30, 2014''. | Employee Verification Amendment Act of 2009 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the employment eligibility confirmation pilot programs (which includes the E-Verify basic pilot program) until September 30, 2014.
Directs the Commissioner of Social Security and the Secretary of Homeland Security to enter into a fiscal year agreement which shall: (1) provide funds to the Commissioner for such programs' full costs in quarterly advances; and (2) require an annual accounting and reconciliation of costs incurred and funds provided. Provides for funding continuation in the absence of an agreement.
Requires that the Government Accountability Office (GAO) conduct studies regarding: (1) erroneous tentative nonconfirmations under the E-Verify program; and (2) such program's effects on small entities.
Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to extend the alien investor (EB-5) regional center program through FY2014.
Amends the Immigration and Nationality Act to extend the special immigrant program for non-minister religious workers until September 30, 2014.
Amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program until September 30, 2014. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asset Management Improvement Act of
2008''.
SEC. 2. REVISIONS TO ASSET MANAGEMENT RULES AND RELATED FEES.
(a) Management and Related Fees.--The Secretary of Housing and
Urban Development shall not impose any restriction or limitation on the
amount of management and related fees with respect to a public housing
project if the fee is determined to be reasonable by the public housing
agency, unless such restriction or limitation imposed by the Secretary
on such fees--
(1) is determined pursuant to a negotiated rulemaking which
is convened by the Secretary no earlier than April 1, 2009, and
in accordance with subchapter III of chapter 5 of title 5,
United States Code, with representatives from interested
parties; and
(2) is effective only on or after January 1, 2011.
The Secretary may not consider a public housing agency as failing to
comply with the asset management requirements of subpart H of part 990
of title 24 of the Code of Federal Regulations, or any successor or
amended regulation containing asset management requirements, or
determine that an agency fails to comply with such requirements,
because of or as a result of the agency determining its fees in
accordance with this subsection.
(b) Increase of Threshold for Exemption From Asset Management
Requirements.--
(1) Increase.--Any public housing agency that owns or
operates fewer than 500 public housing units under title I of
the United States Housing Act of 1937 may elect to be exempt
from any asset management requirement imposed by the Secretary
of Housing and Urban Development.
(2) Determination of operating fund allocation.--If a
public housing agency elects pursuant to paragraph (1) to be
exempt from asset management requirements, the agency may, at
its option, retain the same number of separate public housing
projects, for purposes of determining its operating fund
allocation, as the agency had identified and the Secretary of
Housing and Urban Development had approved before the agency's
election to be so exempt.
SEC. 3. PROHIBITION ON RESTRICTION OF FUNGIBILITY OF CAPITAL FUND
AMOUNTS.
The Secretary of Housing and Urban Development shall not impose any
requirement, regulation, or guideline relating to asset management that
restricts or limits in any way the use by public housing agencies of
amounts for Capital Fund assistance under section 9(d) of such Act,
pursuant to paragraph (1) or (2) of section 9(g) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(g)), for costs of any central
office of a public housing agency.
SEC. 4. TENANT PARTICIPATION.
(a) Rule of Construction.--Neither the requirements of this Act,
nor any other requirement, regulation, guideline, or other policy or
action of the Department of Housing and Urban Development relating to
public housing asset management may be construed to repeal or waive any
provision of part 964 of title 24 of the Code of Federal Regulations,
regarding tenant participation and tenant opportunities in public
housing. The Secretary of Housing and Urban Development shall ensure
that public housing agencies encourage the reasonable efforts of
resident tenant organizations to represent their members or the
reasonable efforts of tenants to organize.
(b) PHAs in Receivership.--In the case of any public housing agency
in receivership, the Secretary of Housing and Urban Development or any
receiver may not abrogate, waive, repeal, or modify any provision of
part 964 of title 24 of the Code of Federal Regulations or any
provision of a formalized housing agreement entered into pursuant to
such part 964 (including pursuant to section 964.11, 964.14,
964.18(a)(6), or 964.135 of such part) before the commencement of such
receivership by a resident or tenant organization and the public
housing agency.
(c) Guidance.--Guidance issued by the Secretary of Housing and
Urban Development shall encourage participation by residents in the
implementation of asset management and the development of local
policies for such purposes.
SEC. 5. INELIGIBILITY OF ILLEGAL IMMIGRANTS FOR ASSISTANCE.
Immigrants who are not lawfully present in the United States shall
be ineligible for financial assistance under this Act, as provided and
defined by section 214 of the Housing and Community Development Act of
1980 (42 U.S.C. 1436a). Nothing in this Act shall be construed to alter
the restrictions or definitions in such section 214.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Prohibition of Management Fees for Agreements Prohibiting or
Requiring Registration of Legal Firearms.--The Secretary of Housing and
Urban Development shall not accept as reasonable any management or
related fees for enforcing any provision of a dwelling lease agreement
or other similar agreement that requires the registration of or
prohibits the possession of any firearm that is possessed by an
individual for his or her personal protection or for sport the
possession of which is not prohibited, or the registration of which is
not required, by existing law.
(b) Termination of Tenancy and Assistance for Illegal Use of
Firearm in Federally Assisted Housing.--Section 577 of the Quality
Housing and Work Responsibility Act of 1998 (42 U.S.C. 13662) is
amended--
(1) in the section heading--
(A) by striking ``and'' the second place it appears
and inserting a comma; and
(B) by inserting ``, and firearms users'' after
``abusers''; and
(2) in subsection (a)--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) who the public housing agency or owner determines is
illegally using a firearm, or whose illegal use of a firearm is
determined by the public housing authority or owner to
interfere with the health, safety, or right to peaceful
enjoyment of the premises by other residents.''.
Passed the House of Representatives July 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Asset Management Improvement Act of 2008 - Prohibits the Secretary of Housing and Urban Development from imposing restrictions or limitations on the amount of management and related fees for a public housing project which the public housing agency (PHA) determines reasonable, unless such restriction or limitation: (1) is determined pursuant to a negotiated rulemaking convened by the Secretary no earlier than April 1, 2009, with representatives from interested parties; and (2) is effective only on or after January 1, 2011.
Allows any PHA that owns or operates fewer than 500 public housing units under the United States Housing Act of 1937 to elect to be exempt from asset management requirements imposed by the Secretary.
Prohibits the Secretary from imposing any requirement, regulation, or guideline relating to asset management that restricts or limits in any way the use by PHAs of amounts for Capital Fund assistance for costs of any PHA central office.
Requires the Secretary to ensure that PHAs encourage the reasonable efforts of resident tenant organizations to represent their members and of tenants to organize.
Makes illegal immigrants ineligible for financial assistance under this Act.
Prohibits the Secretary from accepting as reasonable any management or related fees for enforcing a dwelling lease or other similar agreement that requires the registration of or prohibits the possession of firearms by an individual for personal protection or for sport, if the possession is not prohibited, or the registration is not required, by existing law.
Amends the Quality Housing and Work Responsibility Act of 1998 to permit a PHA or owner of federally assisted housing to terminate the tenancy or assistance for any household with a member who is illegally using a firearm, or whose illegal use is determined by the PHA or owner to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Breakfast and Education
Improvement Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) approximately 60 percent of students in the United
States are eligible to receive free or reduced-price school
lunches under the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.);
(2) in fiscal year 2006, 7,700,000 students in the United
States consumed free or reduced-price school breakfasts
provided under the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
(3) as of the date of enactment of this Act, approximately
83 percent of all public schools in the United States provide
9,500,000 school breakfasts each year under the program
established by section 4 of that Act (42 U.S.C. 1773) to at
least 130,000 students;
(4) less than \1/2\ of the low-income students who
participate in the school lunch program also participate in the
school breakfast program;
(5) many students who are eligible for reduced-price
breakfasts and lunches can afford only 1 of those meals per
day;
(6) almost 17,000 schools that participate in the school
lunch program do not participate in the school breakfast
program;
(7) as of January 1, 2005, over 13,000,000 children, or
18.5 percent of all children, in the United States were living
in poverty and 11 percent of the households in the United
States were food insecure;
(8) missing breakfast and the resulting hunger has been
shown to lower the ability of children to learn and hinder
academic performance;
(9) Provision 2 as established under subsections (b)
through (k) of section 245.9 of title 7, Code of Federal
Regulations (or successor regulations), reduces application and
administrative burdens for schools that provide universal free
meals;
(10) schools electing to implement school breakfast
programs face significant hurdles, such as start-up costs and
lack of participation, that require various additional
resources for the best solution;
(11) school districts that are participating in the
Provision 2 option described in paragraph (9) have found that
the school districts can often provide universal free breakfast
in schools with as little as 60 to 75 percent of students who
are eligible for free and reduced-price school meals due to the
savings realized from reduced administrative costs and improved
economies of scale;
(12) studies suggest that eating breakfast closer to class
and test-taking time improves student performance on
standardized tests relative to students who skip breakfast or
have breakfast at home;
(13) studies show that children experiencing hunger are
more likely to be hyperactive, absent, tardy, or have
behavioral or attention problems;
(14) students who eat a complete breakfast have been shown
to make fewer mistakes and work faster in math exercises than
those who eat a partial breakfast;
(15) eating school breakfast has been shown to improve math
grades, attendance, and punctuality;
(16) providing breakfast in the classroom has been shown in
several instances to improve attentiveness and academic
performance, while reducing tardiness and disciplinary
referrals;
(17) providing universal free breakfast, especially in the
classroom, has been shown to significantly increase school
breakfast participation rates and decrease absences and
tardiness;
(18) studies suggest that children who eat breakfast have
more adequate nutrition and intake of nutrients, such as
calcium, fiber, protein, and vitamins A, E, D, and B6;
(19) studies suggest that some students who participate in
the school breakfast program or other nutrition programs have a
lower body mass index and risk of being overweight;
(20) local produce (as compared to transported produce)--
(A) is often harvested closer to full ripeness;
(B) can have higher nutritional quality;
(C) can have improved ripeness, taste, or
selection, which can increase rates of consumption of
fruits and vegetables; and
(D) is more efficient to store, distribute, and
package; and
(21) use of local produce--
(A) reduces dependence on foreign oil by reducing
fuel consumption rates associated with the production
or transportation of fruits and vegetables; and
(B) can help to improve the ability of individuals
using the procurement system to provide education on
nutrition, farming, sustainability, energy efficiency,
and the importance of local purchases to the local
economy.
(b) Purpose.--The purpose of this Act is to improve student
learning and the classroom environment through expanded and improved
school breakfast programs, particularly universal programs provided
during the school day.
SEC. 3. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE
HEALTH AND EDUCATION OF CHILDREN.
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 V--Grants for Expansion of School Breakfast Programs to
Improve Health and Education of Children
``SEC. 5621. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO
IMPROVE HEALTH AND EDUCATION OF CHILDREN.
``(a) Definition of Qualifying School.--In this section the term
`qualifying school' means a school providing elementary or secondary
education (kindergarten through grade 12) at least 65 percent of the
students of which are eligible for free or reduced-price school lunches
under the school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide grants, on a competitive basis, to
local education agencies or State departments of education for use in
accordance with this section.
``(c) Coordination.--The Secretary shall consult and coordinate, as
appropriate, with the Secretary of Agriculture with respect to grant
elements, application review criteria, and analyses of grant impacts
that relate to or overlap with Department of Agriculture activities or
expertise, such as nutrition and school meal program rules.
``(d) Grants to Local Education Agencies or State Departments of
Education.--The amount of grants provided by the Secretary to local
education agencies or State departments of education for a fiscal year
under this section shall not exceed the lesser of--
``(1) the product obtained by multiplying--
``(A) the number of qualifying schools receiving
subgrants or other benefits under subsection (e) for
the fiscal year; and
``(B) the maximum amount of a subgrant provided to
a qualifying school under subsection (e)(3)(B); or
``(2) $2,000,000.
``(e) Subgrants to Qualifying Schools.--
``(1) In general.--A local education agency or State
department of education receiving a grant under this section
shall use funds made available under the grant to award
subgrants to individual or groups of qualifying schools to
carry out activities in accordance with this section.
``(2) State and district support.--A local education agency
or State department of education may allocate a portion of each
subgrant to support State or local education agency activities
in support of qualified schools for which it is more efficient
or appropriate to support the activities in a centralized
manner.
``(3) Amount; term.--
``(A) In general.--Except as otherwise provided in
this paragraph, a subgrant provided by a local
education agency or State department of education to a
qualifying school under this section shall be in such
amount, and shall be provided for such term, as the
local education agency or State department of
education, respectively, determines appropriate.
``(B) Maximum amount.--The amount of a subgrant
provided by a local education agency or State
department of education to a qualifying school under
this subsection shall not exceed--
``(i) $50,000 for a single fiscal year; or
``(ii) $100,000 for all fiscal years.
``(C) Maximum grant term.--A local education agency
or State department of education shall not provide
subgrants to a qualifying school under this subsection
for more than 5 fiscal years.
``(f) Preference.--In providing grants and subgrants under this
section, the Secretary, a local education agency, and a State
department of education shall give priority to qualifying schools--
``(1) in which 75 percent or more of the students of which
are eligible for free or reduced-price school lunches under the
school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.); and
``(2) that demonstrate--
``(A) an intent to use the grants or subgrants to
establish or support connections between the qualifying
schools and local agricultural producers and food
providers;
``(B) that the qualifying schools have established,
or intend to establish, a universal free breakfast
program; or
``(C) that the qualifying schools have considered,
or intend to establish, service methods that make
breakfast a part of the school day.
``(g) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, a local education agency or State department of
education shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Administration.--In carrying out this section, the
Secretary shall--
``(A) develop an appropriate application process;
and
``(B) advertise the availability of funds under
this section to qualified schools, local education
agencies, and State departments of education.
``(h) Use of Funds.--
``(1) In general.--A qualifying school may use a grant
provided under this section--
``(A) to establish, promote, or expand a school
breakfast program of the qualifying school under this
section, which shall include a nutritional education
component;
``(B) to increase the quantity of local or fresh
food available under the school breakfast program of
the qualifying school under this section;
``(C) to provide nutritional education materials to
students;
``(D) to extend the period during which school
breakfast is available at the qualifying school;
``(E) to provide school breakfast to students of
the qualifying school during the school day;
``(F) to increase participation in the school
breakfast program, including through a universal free
breakfast program;
``(G) to compensate for receipts no longer
collected from reduced and paid breakfasts when
operating a universal free breakfast program;
``(H) to provide to students first-hand knowledge
of food systems, including through--
``(i) occasional activities, such as
inviting agricultural producers to speak at the
qualifying school or offering student field
trips to local agricultural projects; or
``(ii) integrating food system information
into the curriculum (including mathematics and
science classes) of the qualifying school; or
``(I) to collaborate with local colleges,
universities, or other research entities (including
hunger advocacy entities)--
``(i) to compile data and reports relating
to the school breakfast program of the
qualifying school; and
``(ii) to submit the data and reports to
the Secretary.
``(2) Requirement.--Each activity of a qualifying school
under this subsection shall be carried out in accordance with
applicable nutritional guidelines and regulations issued by the
Secretary of Agriculture.
``(i) Maintenance of Effort.--Grants made available under this
subsection shall not diminish or otherwise affect the expenditure of
funds from State and local sources for the maintenance of the school
breakfast program.
``(j) Reports.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Agriculture, local education agencies, State
departments of education, and qualifying schools that receive
grants and subgrants under this section, shall submit to
Congress an annual report describing the impact of the school
breakfast programs of the qualifying schools on and classroom
performance and environment.
``(2) Data collection.--The Secretary shall provide
guidance and minimum standards for data collection to grant
recipients and any collaborating local colleges, universities,
or research entities as necessary to ensure that annual reports
under this section are able to provide an adequate qualitative
and quantitative evaluation of the grant impacts.
``(k) Evaluation.--Not later than 180 days before the end of a
grant term under this section, a local education agency or State
department of education that receives a grant under this section
shall--
``(1) evaluate whether electing to provide universal free
breakfasts under the school breakfast program in accordance
with Provision 2 as established under subsections (b) through
(k) of section 245.9 of title 7, Code of Federal Regulations
(or successor regulations), would be cost-effective for the
qualified schools based on estimated administrative savings and
economies of scale; and
``(2) submit the results of the evaluation to the
Secretary.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2012.''. | Student Breakfast and Education Improvement Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to award competitive grants to states or local educational agencies (LEAs) for the establishment or enhancement of school breakfast programs at, and through the provision of subgrants to, schools where at least 65% of the students are eligible for free or reduced-price school lunches under the school lunch program.
Authorizes schools to use the school breakfast subgrants to: (1) increase the quantity of local or fresh food available under their programs; (2) provide nutrition education and first-hand knowledge of food systems to students; (3) extend the period during which breakfast is available, including during the school day; (4) increase participation in their breakfast programs, including through the provision of universal free breakfasts; or (5) collaborate with institutions of higher education or other research entities in compiling data and reports on their breakfast programs.
Gives priority to subgrant applicant schools at least 75% of whose students are eligible for free or reduced-price school lunches and which intend to use the funds to procure local produce, provide universal free breakfasts, or provide breakfast during the school day.
Directs state and LEA grantees, at least 180 days before the end of a grant term, to evaluate whether it would be cost-effective for subgrantee schools to provide universal free breakfasts under the school breakfast program. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lethal Drug Abuse Prevention Act of
1998''.
SEC. 2. LETHAL DRUG ABUSE PREVENTION.
(a) Denial of Registration.--Section 303 of the Controlled
Substances Act (21 U.S.C. 823) is amended by adding at the end the
following:
``(i) Additional Ground for Denial of Registration--Assisted
Suicide.--The Attorney General shall determine that registration of an
applicant under this section is inconsistent with the public interest
if--
``(1) during the 5-year period immediately preceding the
date on which the application is submitted under this section,
the registration of the applicant under this section was
revoked under section 304(a)(4); or
``(2) the Attorney General determines, based on clear and
convincing evidence, that the applicant is applying for the
registration with the intention of using the registration to
take any action that would constitute a violation of section
304(a)(4).''.
(b) Suspension or Revocation of Registration.--
(1) In general.--Section 304(a) of the Controlled
Substances Act (21 U.S.C. 824(a)) is amended--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) has intentionally dispensed or distributed a
controlled substance with a purpose of causing, or assisting in
causing, the suicide or euthanasia of any individual, except
that this paragraph does not apply to the dispensing or
distribution of a controlled substance for the purpose of
alleviating pain or discomfort (even if the use of the
controlled substance may increase the risk of death), so long
as the controlled substance is not also dispensed or
distributed for the purpose of causing, or assisting in
causing, the death of an individual for any reason;''.
(2) Conforming amendment.--Section 304(a)(5) of the
Controlled Substances Act (21 U.S.C. 824(a)(5)) (as
redesignated by paragraph (1) of this subsection) is amended by
inserting ``other'' after ``such'' the first place such term
appears.
(c) Pain Relief.--Section 304(c) of the Controlled Substances Act
(21 U.S.C. 824(c)) is amended--
(1) by striking ``(c) Before'' and inserting the following:
``(c) Procedures.--
``(1) Order to show cause.--Before''; and
(2) by adding at the end the following:
``(2) Assisted suicide.--
``(A) Burden of proof.--At any proceeding under paragraph
(1), where the order to show cause is based on subsection
(a)(4) for denial, revocation, or suspension of registration,
the Attorney General shall have the burden of proving, by clear
and convincing evidence, that the practitioner's intent was to
dispense or distribute a controlled substance with a purpose of
causing, or assisting in causing, the suicide or euthanasia of
any individual. In meeting such burden it shall not be
sufficient to prove that the registrant knew that the use of
the controlled substance may increase the risk of death.
``(B) Request for review by Medical Advisory Board on Pain
Relief.--At any proceeding under paragraph (1), where the order
to show cause is based on subsection (a)(4) for denial,
revocation, or suspension of registration, the practitioner may
request, within 30 days after the receipt of the order to show
cause, that the Medical Advisory Board on Pain Relief review,
in accordance with paragraph (3), the administrative record of
such proceeding as it relates to subsection (a)(4).
``(3) Medical advisory board on pain relief.--
``(A) In general.--The Attorney General shall by regulation
establish a board to be known as the Medical Advisory Board on
Pain Relief (referred to in this paragraph as the `Board').
``(B) Membership.--The Attorney General shall appoint the
members of the Board--
``(i) from among individuals who, by reason of
specialized education or substantial relevant
experience in pain management, are clinical experts
with knowledge regarding standards, practices, and
guidelines concerning pain relief; and
``(ii) after consultation with the American Medical
Association, the American Academy of Pain Medicine, the
American Pain Society, the American Academy of Hospice
and Palliative Medicine, the National Hospice
Organization, the American Geriatrics Society, and such
other entities with relevant expertise concerning pain
relief, as the Attorney General determines to be
appropriate.
``(C) Duties of Board.--If in accordance with paragraph
(2)(B) an applicant or registrant requests a review by the
Board of the record of a proceeding under paragraph (1), the
Board shall review the administrative record of such proceeding
as it relates to subsection (a)(4) and issue to the Attorney
General an advisory opinion as to whether the dispensing or
distribution of the controlled substance at issue in the
proceeding was for the purpose of alleviating pain or
discomfort in a manner that does not constitute a violation of
subsection (a)(4). The opinion of the Board under this
subparagraph shall be part of the administrative record and
shall be considered by the Attorney General in determining
whether to deny, revoke, or suspend the registration
involved.''.
SEC. 3. CONSTRUCTION.
(a) In General.--Nothing in this Act or the amendments made by this
Act shall be construed to imply that the dispensing or distribution of
a controlled substance before the date of enactment of this Act for the
purpose of causing, or assisting in causing, the suicide or euthanasia
of any individual is or is not a violation of the Controlled Substances
Act (21 U.S.C. 801 et seq.).
(b) Incorporated Definitions.--In this section, the terms
``controlled substance'', ``dispense'', and ``distribute'' have the
meanings given those terms in section 102 of the Controlled Substances
Act (21 U.S.C. 802).
105th CONGRESS
2d Session
H. R. 4006
[Report No. 105-683, Part I]
_______________________________________________________________________
A BILL
To clarify Federal law to prohibit the dispensing or distribution of a
controlled substance for the purpose of causing, or assisting in
causing, the suicide or euthanasia of any individual. | Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense a controlled substance or a list I chemical is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked for dispensing or distributing a controlled substance with a purpose of causing, or assisting in causing, the suicide or euthanasia of any individual; or (2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using such registration for such purpose. Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance for such purpose.
Places upon the Attorney General the burden of proving, by clear and convincing evidence, in a proceeding to deny, revoke, or suspend a license, that the practitioner's intent was to cause or to assist in causing the suicide or euthanasia of any individual (but makes proof that the registrant knew that the use of such substance may increase the risk of death insufficient to meet such burden). Authorizes the practitioner to request review of the administrative record of such proceeding by the Medical Advisory Board on Pain Relief to be established by the Attorney General pursuant to this Act. Directs the Board, at the request of an applicant or registrant, to conduct such a review and issue an advisory opinion regarding whether a particular action at issue is an appropriate means to relieve pain or suffering that does not constitute a violation of this Act. Makes such opinion part of the administrative record which shall be considered by the Attorney General in determining whether to deny, revoke, or suspend the registration involved. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Prescription Conveyed Securely
Act''.
SEC. 2. REQUIRING E-PRESCRIBING FOR COVERAGE OF COVERED PART D
CONTROLLED SUBSTANCES.
(a) In General.--Section 1860D-4(e) of the Social Security Act (42
U.S.C. 1395w-104(e)) is amended by adding at the end the following:
``(7) Requirement of e-prescribing for controlled
substances.--
``(A) In general.--Subject to subparagraph (B), a
prescription for a covered part D drug under a
prescription drug plan (or under an MA-PD plan) for a
schedule II, III, IV, or V controlled substance shall
be transmitted by a health care practitioner
electronically in accordance with an electronic
prescription drug program that meets the requirements
of paragraph (2).
``(B) Exception for certain circumstances.--The
Secretary shall, pursuant to rulemaking, specify
circumstances with respect to which the Secretary may
waive the requirement under subparagraph (A), with
respect to a covered part D drug, including in the case
of--
``(i) a prescription issued when the
prescriber and dispenser are the same entity;
``(ii) a prescription issued that cannot be
transmitted electronically due to the
constraints of the most recently implemented
version of the National Council for
Prescription Drug Programs SCRIPT Standard;
``(iii) a prescription issued by a
practitioner who has received a waiver or a
renewal thereof for a specified period
determined by the Secretary, not to exceed one
year, from the requirement to use electronic
prescribing, pursuant to a process established
by regulation by the Secretary, due to
demonstrated economic hardship, technological
limitations that are not reasonably within the
control of the practitioner, or other
exceptional circumstance demonstrated by the
practitioner;
``(iv) a prescription issued by a
practitioner under circumstances in which,
notwithstanding the practitioner's ability to
make an electronic prescription as required by
this subsection, such practitioner reasonably
determines that it would be impractical for the
individual involved to obtain substances
prescribed by electronic prescription in a
timely manner, and such delay would adversely
impact the individual's medical condition
involved;
``(v) a prescription issued by a
practitioner allowing for the dispensing of a
non-patient specific prescription pursuant to a
standing order, approved protocol for drug
therapy, collaborative drug management, or
comprehensive medication management, in
response to a public health emergency, or other
circumstances where the practitioner may issue
a non-patient specific prescription;
``(vi) a prescription issued by a
practitioner prescribing a drug under a
research protocol;
``(vii) a prescription issued by a
practitioner for a drug for which the Food and
Drug Administration requires the prescription
to contain certain elements that are not able
to be accomplished with electronic prescribing
such as, a drug with risk evaluation and
mitigation strategies that include elements to
assure safe use; and
``(viii) a prescription issued by a
practitioner for an individual who--
``(I) receives hospice care under
this title; or
``(II) is a resident of a long-term
care facility, of a facility described
in section 1905(d), or of another
facility for which frequently abused
drugs are dispensed for residents
through a contract with a single
pharmacy.
``(C) Dispensing.--(i) Nothing in this paragraph
shall be construed as requiring a sponsor of a
prescription drug plan under this part, MA organization
offering an MA-PD plan under part C, or a pharmacist to
verify that a practitioner, with respect to a
prescription for a covered part D drug, has a waiver
(or is otherwise exempt) under subparagraph (B) from
the requirement under subparagraph (A).
``(ii) Nothing in this paragraph shall be construed
as affecting the ability of the plan to cover or the
pharmacists' ability to continue to dispense covered
part D drugs from otherwise valid written, oral or fax
prescriptions that are consistent with laws and
regulations.
``(iii) Nothing in this paragraph shall be
construed as affecting the ability of an individual who
is being prescribed a covered part D drug to designate
a particular pharmacy to dispense the covered part D
drug to the extent consistent with the requirements
under subsection (b)(1) and under this paragraph.
``(D) Enforcement.--The Secretary shall, pursuant
to rulemaking, have authority to enforce and specify
appropriate penalties for noncompliance with the
requirement under subparagraph (A).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to coverage of drugs prescribed on or after January 1, 2020. | Every Prescription Conveyed Securely Act This bill generally requires, with specified exceptions, electronic prescribing under the Medicare prescription drug benefit with respect to covered drugs that are controlled substances. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAFTA Infrastructure Responsibility
Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States Customs Service collects over
$600,000,000 per year in duties, fees, excise taxes, and fines
from crossings of the border of the United States and Mexico;
(2) although the United States Customs Service has
collected increased duties, merchandise fees, and revenues from
other commerce-related activities because of the ratification
and implementation of the North American Free Trade Agreement,
these increased revenues have not been accompanied by Federal
funding for improving transportation facilities along the
border of the United States and Mexico to ensure the free and
safe flow of trade destined for all States and regions of the
United States;
(3) because of NAFTA, all 4 States along the border of the
United States and Mexico will require significant investments
in highway infrastructure capacity and motor carrier safety
enforcement at a time when such States face extreme difficulty
in obtaining funds to maintain current highway conditions;
(4) the full benefits of increased international trade can
be realized only if delays at the border of the United States
and Mexico are significantly reduced; and
(5) the increased revenues described in paragraph (2)
should be used to provide Federal funding for transportation
improvements required to accommodate NAFTA-generated traffic,
in an amount above and beyond regular Federal transportation
funding apportionments, obligational authority, and minimum
allocation funds under title 23, United States Code, the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240), and other laws.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' means a motor vehicle that is used in commerce to
transport passengers or property and has a gross vehicle weight
rating of 26,001 or more pounds.
(2) Major mexican border crossing facility.--The term
``major Mexican border crossing facility'' means a Mexican
border crossing facility used by 150,000 or more northbound
commercial motor vehicles in a calendar year.
(3) Mexican border crossing facility.--The term ``Mexican
border crossing facility'' means a Federal facility located in
the United States that is used to enter the United States from Mexico.
(4) Mexican border state.--The term ``Mexican border
State'' means California, Arizona, New Mexico, and Texas.
(5) Minor mexican border crossing facility.--The term
``minor Mexican border crossing facility'' means a Mexican
border crossing facility used by less than 150,000 northbound
commercial motor vehicles in a calendar year.
(6) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. DIRECT FEDERAL ASSISTANCE FOR BORDER CONSTRUCTION AND
CONGESTION RELIEF.
(a) In General.--The Secretary shall make grants under subsections
(b) and (c) to eligible recipients that submit to the Secretary an
application that demonstrates need, due to increased traffic resulting
from the implementation of NAFTA, for assistance in carrying out
transportation projects that are necessary to relieve traffic
congestion and improve enforcement of motor carrier safety laws.
(b) Grants for Connectors to Mexican Border Crossing Facilities.--
The Secretary shall make grants to Mexican border States and units of
general purpose local government in Mexican border States for the
purposes of--
(1) connecting the National Highway System designated under
section 103(b) of title 23, United States Code, with Mexican
border crossing facilities; and
(2) upgrading connectors described in paragraph (1) that
are in existence as of the date of the grant.
(c) Grants for Commercial Motor Vehicle Enforcement Facilities.--
The Secretary shall make grants to Mexican border States to construct,
operate, and maintain commercial motor vehicle enforcement facilities.
(d) Location of Projects.--All projects carried out using amounts
from grants made available under this section shall be located in the
United States and within 60 miles of the border of the United States
and Mexico, except as specifically approved by the Secretary.
(e) Apportionment of Amounts.--
(1) In general.--The Secretary shall apportion the amounts
appropriated for a fiscal year for making grants under this
section among the Mexican border States as follows:
(A) 90 percent in the ratio which the number of
major Mexican border crossing facilities in each
Mexican border State bears to the total number of major
Mexican border crossing facilities in all Mexican
border States, as determined by the Secretary under
paragraph (2).
(B) 10 percent in the ratio which the number of
minor Mexican border crossing facilities in each
Mexican border State bears to the total number of minor
Mexican border crossing facilities in all Mexican
border States, as determined by the Secretary under
paragraph (2).
(2) Determinations.--The Secretary shall make each
determination required by paragraph (1) concerning the number
of commercial motor vehicles using a Mexican border crossing
facility on an annual basis using the most recent calendar year
information that can be obtained from the United States Customs
Service.
(f) Cost Sharing.--A grant under this section shall be used to pay
the Federal share of the cost of a project. The Federal share shall be
80 percent.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 1997 through 2002.
SEC. 5. BORDER INFRASTRUCTURE INNOVATIVE FINANCING.
(a) Purposes.--The purposes of this section are--
(1) to encourage the establishment and operation of State
infrastructure banks in accordance with section 350 of the
National Highway System Designation Act of 1995 (109 Stat. 618;
23 U.S.C. 101 note); and
(2) to advance transportation infrastructure projects
supporting international trade and commerce.
(b) Federal Line of Credit.--Section 350 of the National Highway
System Designation Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note) is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Federal Line of Credit.--
``(1) In general.--There is authorized to be appropriated
from the general fund of the Treasury $98,000,000 to be used by
the Secretary to enter into agreements with Mexican border
States that have established infrastructure banks under this
section to make lines of credit available to the States.
``(2) Amount.--The line of credit available to each
participating Mexican border State shall be equal to the
product of--
``(A) the amount appropriated under paragraph (1);
and
``(B) the quotient obtained by dividing--
``(i) the contributions of the Mexican
border State to the Highway Trust Fund during
the preceding fiscal year; and
``(ii) the total contributions of all
participating Mexican border States with
infrastructure banks to the Highway Trust Fund
during the preceding fiscal year.
``(3) Use of line of credit.--The line of credit under this
subsection shall be available to provide Federal support in
accordance with this subsection to a State infrastructure bank
engaged in providing credit enhancement for projects to
construct Federal-aid highways which will support a significant
amount of traffic resulting from NAFTA.
``(4) Limitations.--
``(A) In general.--A line of credit under this
subsection may be drawn on only--
``(i) with respect to a completed project
described in paragraph (3) that is receiving
credit enhancement through an infrastructure
bank;
``(ii) when the cash balance available in
the infrastructure bank is insufficient to pay
a claim for payment relating to the project;
and
``(iii) when all subsequent revenues of the
project have been pledged to the infrastructure
bank.
``(B) Third party creditor rights.--No third party
creditor of a public or private entity carrying out a
project eligible for assistance from an infrastructure
bank shall have any right against the Federal
Government with respect to a line of credit under this
subsection, including any guarantee that the proceeds
of a line of credit will be available for the payment
of any particular cost of the public or private entity
that may be financed under this subsection.
``(5) Interest rate and repayment period.--Any draw on a
line of credit under this subsection shall--
``(A) accrue, beginning on the date the draw is
made, interest at a rate equal to the current (as of
the date the draw is made) market yield on outstanding,
marketable obligations of the United States with
maturities of 30 years; and
``(B) shall be repaid within a period of not more
than 30 years.
``(6) Relationship to state apportionment.--Funds made
available to States to carry out this subsection shall be in
addition to funds apportioned to States under section 104 of
title 23, United States Code.
``(7) Mexican border state defined.--The term `Mexican
border State' means California, Arizona, New Mexico, and
Texas.''. | NAFTA Infrastructure Responsibility Act of 1996 - Authorizes the Secretary of Transportation to make grants to Mexican border States and local governments for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA); and (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent.
Authorizes appropriations.
Amends the National Highway System Designation Act of 1995 to authorize appropriations to be used to enter agreements with Mexican border States that have established infrastructure banks to make available to them lines of credit for projects to construct Federal-aid highways which will support traffic resulting from NAFTA. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Trafficking Prevention
and Penalty Act of 1995''.
SEC. 2. BIENNIAL REAUTHORIZATION OF RETAIL FOOD STORES AND WHOLESALE
FOOD CONCERNS.
Section 9(a)(2)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)(2)(A)) is amended--
(1) by striking ``periodic'', and
(2) by inserting ``not less frequently that at 2-year
intervals'' before the semicolon.
SEC. 3. DOCUMENTATION REQUIRED RELATING RETAIL FOOD STORES AND
WHOLESALE FOOD CONCERNS.
The first sentence of section 9(c) of the Food Stamp Act of 1977 (7
U.S.C. 2018(c)) is amended by inserting ``and documentation (which may
include tax documents, business licenses, certificates of
incorporation, and other official documents)'' after ``information''.
SEC. 4. CIVIL AND CRIMINAL FORFEITURE OF PROPERTY.
(a) Forfeiture.--The Food Stamp Act of 1977 (7 U.S.C. 2011-2032) is
amended by adding at the end the following:
``SEC. 24. CIVIL AND CRIMINAL FORFEITURE.
``(a) Property Subject to Forfeiture.--In the case of a violation
(other than a misdemeanor) of subsection (b) or (c) of section 15, the
following shall be subject to forfeiture to the United States in a
civil or criminal proceeding, and no property right shall exist in
them:
``(1) All coupons which have been used, transferred,
acquired, altered, possessed, or presented or caused to be
presented for payment or redemption in violation of subsection
(b) or (c) of section 15.
``(2) All conveyances, including aircraft, vehicles, or
vessels, which are used, or are intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of property described in
paragraph (1), except that--
``(A) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier shall be forfeited under this section unless it
appears that the owner or other person in charge of
such conveyance was a consenting party or privy to a
violation of subsection (b) or (c) of section 15;
``(B) no conveyance shall be forfeited under this
section by reason of any act or omission established by
the owner thereof to have been committed or omitted by
any person other than such owner while such conveyance
was unlawfully in the possession of a person other than
the owner in violation of the criminal laws of the
United States, or of any State; and
``(C) no conveyance shall be forfeited under this
paragraph to the extent of an interest of an owner, by
reason of any act or omission established by that owner
to have been committed, or omitted without the
knowledge, consent, or willful blindness of the owner.
``(3) All books, records, microfilm, tapes, and data which
are used, or intended for use, in violation of subsection (b)
or (c) of section 15.
``(4) All moneys, negotiable instruments, securities, or
other things of value furnished or intended to be furnished by
any person in exchange for coupons in violation of subsection
(b) or (c) of section 15, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used or intended to be used to facilitate any
violation of subsection (b) or (c) of section 15, except that
no property shall be forfeited under this paragraph, to the
extent of the interest of an owner, by reason of any act or
omission established by that owner to have been committed or
omitted without the knowledge or consent of that owner.
``(5) All real property, including any right, title, and
interest (including any leasehold interest) in the whole of any
lot or tract of land and any appurtenances or improvements,
which is used, or intended to be used, in any manner or part,
to commit, or to facilitate the commission of, a violation of
subsection (b) or (c) of section 15 punishable by more than one
year's imprisonment, except that no property shall be forfeited
under this paragraph, to the extent of an interest of an owner,
by reason of any act or omission established by that owner to
have been committed or omitted without the knowledge or consent
of that owner.
``(6) All coupons which have been involved in violation of
subsection (b) or (c) of section 15.
``(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty
and Maritime Claims; Issuance of Warrant Authorizing Seizure.--Any
property subject to forfeiture to the United States under subsection
(a) may be seized by the Attorney General upon process issued pursuant
to the Supplemental Rules for Certain Admiralty and Maritime Claims by
any district court of the United States having jurisdiction over the
property, except that seizure without such process may be made when--
``(1) the seizure is incident to an arrest or a search
under a search warrant or an inspection under an administrative
inspection warrant;
``(2) the property subject to seizure has been the subject
of a prior judgment in favor of the United States in a criminal
injunction or forfeiture proceeding under this section;
``(3) the Attorney General has probable cause to believe
that the property is directly or indirectly dangerous to health
or safety; or
``(4) the Attorney General has probable cause to believe
that the property is subject to civil forfeiture under
subsection (a).
In the event of seizure pursuant to paragraph (2), proceedings under
subsection (e) shall be instituted promptly. The Government may request
the issuance of a warrant authorizing the seizure of property subject
to forfeiture under subsection (a) in the same manner as provided for a
search warrant under the Federal Rules of Criminal Procedure.
``(c) Criminal Forfeiture.--The court in imposing sentence on a
person convicted of violation (other than a misdemeanor) of subsection
(b) or (c) of section 15 shall order that the person forfeit to the
United States any property subject to forfeiture to the United States
under subsection (a).
``(d) Custody of Attorney General.--Property taken or detained
under this section shall not be repleviable, but shall be deemed to be
in the custody of the Attorney General, subject only to the orders and
decrees of the court or the official having jurisdiction thereof.
Whenever property is seized under this section, the Attorney General
may--
``(1) place the property under seal;
``(2) remove the property to a place designated by the
Attorney General; or
``(3) require that the General Services Administration take
custody of the property and remove it, if practicable, to an
appropriate location for disposition in accordance with law.
``(e) Other Laws and Proceedings Applicable.--The provisions of law
relating to--
``(1) the seizure, summary and judicial forfeiture, and
condemnation of property for violation of the customs laws;
``(2) the disposition of such property or the proceeds from
the sale thereof;
``(3) the remission or mitigation of such forfeitures; and
``(4) the compromise of claims;
shall apply to seizure and forfeitures incurred, or alleged to have
been incurred, under this section, insofar as applicable and not
inconsistent with the provisions hereof, except that such duties as are
imposed upon the customs officer or any other person with respect to
the seizure and forfeiture of property under the customs laws shall be
performed with respect to seizures and forfeitures of property under
this section by such officers, agents, or other persons as may be
authorized to be designated for that purpose by the Attorney General
unless such duties arise from seizures and forfeitures effected by any
customs officer.
``(f) Disposition of Forfeited Property.--
``(1) Methods.--Whenever property is forfeited under this
section the Attorney General may--
``(A) retain the property for official use or, in
the manner provided with respect to transfers under
section 1616a of title 19, United States Code, transfer
the property to any Federal agency or to any State or
local law enforcement agency which participated
directly in the seizure or forfeiture of the property;
``(B) sell any forfeited property which is not
required to be destroyed by law and which is not
harmful to the public;
``(C) require that the General Services
Administration take custody of the property and dispose
of it in accordance with law; or
``(D) transfer the forfeited personal property or
the proceeds of the sale of any forfeited personal or
real property to any foreign country which participated
directly or indirectly in a seizure or forfeiture of
the property, if such a transfer--
``(i) has been agreed to by the Secretary
of State;
``(ii) is authorized in an international
agreement between the United States and the
foreign country; and
``(iii) is made to a country which, if
applicable, has been certified under section
2291(h) of title 22, United States Code.
``(2) Use of proceeds from sales.--The proceeds from any
sale under paragraph (1)(B) and any monies forfeited under this
section shall be used--
``(A) first, to reimburse the Department of Justice
for the costs incurred by the Department to initiate
and complete the forfeiture proceeding that caused the
sale that produced such proceeds;
``(B) second, to reimburse the Department of
Agriculture for any costs incurred by the Department to
assist the Department of Justice to initiate or
complete such proceeding; and
``(C) third, to reimburse the State agency for any
costs incurred by the State agency to assist the
Department of Justice, or the Department of
Agriculture, to initiate or complete such proceeding.
The amount remaining, if any, shall be available to the
Secretary to carry out this Act.
``(3) Transfer of property.--The Attorney General shall
ensure that any property transferred to a State or local law
enforcement agency under paragraph (1)(A)--
``(A) has a value that bears a reasonable
relationship to the degree of direct participation of
the State or local law enforcement agency in the law
enforcement effort resulting in the forfeiture, taking
into account the total value of all property forfeited
and the total law enforcement effort with respect to
the violation of law on which the forfeiture is based;
and
``(B) is not so transferred to circumvent any
requirement of State law that prohibits forfeiture or
limits use or disposition of property forfeited to
State or local agencies.
``(g) Forfeiture and Destruction of Coupons.--All coupons that are
used, transferred, acquired, altered, possessed, or presented or caused
to be presented for payment or redemption in violation of subsection
(b) or (c) of section 15 shall be deemed contraband, and seized and
summarily forfeited to the United States. Similarly, all coupons which
are seized or come into the possession of the United States, the owners
of which are unknown, shall be deemed contraband and summarily
forfeited to the United States.
``(h) Vesting of Title in United States.--All right, title, and
interest in property described in subsection (a) shall vest in the
United States upon commission of the act giving rise to forfeiture
under this section.
``(i) Stay of Civil Forfeiture Proceedings.--The filing of an
indictment or information alleging a violation of section 15 which is
also related to a civil forfeiture proceeding under this section shall,
upon motion of the United States and for good cause shown, stay the
civil forfeiture proceeding.
``(j) Venue.--In addition to the venue provided for in section 1395
of title 28, United States Code, or any other provision of law, in the
case of property of a defendant charged with a violation that is the
basis for forfeiture of the property under this section, a proceeding
for forfeiture under this section may be brought in the judicial
district in which the defendant owning such property is found or in the
judicial district in which the criminal prosecution is brought.
``(k) Agreement Between Attorney General and Postal Service for
Performance of Functions.--The functions of the Attorney General under
this section shall be carried out by the Postal Service pursuant to
such agreement as may be entered into between the Attorney General and
the Postal Service.
``(l) Expedited Procedures for Property of Retail Food Stores and
Wholesale Food Concerns.--
``(1) Petition for expedited decision; determination.--(A)
A retail food store or wholesale food concern may petition the
Attorney General for an expedited decision with respect to
property used to carry out its food sale operations if such
property is seized under this section and if such store or such
concern filed the requisite claim and cost bond in the manner
provided in section 1608 of title 19, United States Code. The
Attorney General shall make a determination on a petition under
this subsection expeditiously, including a determination of any
rights or defenses available to the petitioner. If the Attorney
General does not grant or deny a petition under this subsection
within 20 days after the date on which the petition is filed,
such property shall be returned to the owner pending further
forfeiture proceedings.
``(B) With respect to a petition under this subsection, the
Attorney General may--
``(i) deny the petition and retain possession of
such property;
``(ii) grant the petition, move to dismiss the
forfeiture action, if filed, and promptly release such
property to such store or such concern; or
``(iii) advise the petitioner that there is not
adequate information available to determine the
petition and promptly release such property to such
store or such concern.
``(C) Release of property under subparagraph (A) or
(B)(iii) does not affect any forfeiture action with respect to
such property.
``(D) The Attorney General shall prescribe regulations to
carry out this subsection.
``(2) Written notice of procedures.--At the time of
seizure, the officer making the seizure shall furnish to any
person in possession of such property a written notice
specifying the procedures under this subsection. At the
earliest practicable opportunity after determining ownership of
the seized property, the head of the department or agency that
seizes such property shall furnish a written notice to such
store or such concern, and other interested parties (including
lienholders), of the legal and factual basis of the seizure.
``(3) Complaint for forfeiture.--Not later than 60 days
after a claim and cost bond have been filed under section 1608
of title 19, United States Code, regarding property seized
under this section, the Attorney General shall file a complaint
for forfeiture in the appropriate district court, except that
the court may extend the period for filing for good cause shown
or on agreement of the parties. If the Attorney General does
not file a complaint as specified in the preceding sentence,
the court shall order the return of such property to such store
or such concern and the forfeiture may not take place.
``(4) Bond for release of property used in food sale
operation.--Any retail food store or wholesale food concern may
obtain release of property used to carry out its food sale
operations by providing security in the form of a bond to the
Attorney General in an amount equal to the value of such
property unless the Attorney General determines such property
should be retained (A) as contraband, (B) as evidence of a
violation of law, or (C) because, by reason of design or other
characteristic, such property is particularly suited for use in
illegal activities.''.
(b) Conforming Amendment.--Section 15 of the Food Stamp Act of 1977
(7 U.S.C. 2024) is amended by striking subsection (g).
SEC. 5. EFFECTIVE DATES.
(a) Regulations.--The amendment made by sections 2 and 3 shall take
effect 60 days after the date of the enactment of this Act.
(b) Laundering and Forfeiture.--The amendments made by section 4
shall take effect on the date of the enactment of this Act. | Food Stamp Trafficking Prevention and Penalty Act of 1995 - Amends the Food Stamp Act of 1977 to provide for: (1) food stamp program biennial reauthorization of retail food stores and wholesale food concerns; and (2) civil and criminal forfeiture of property for certain food stamp trafficking and use violations. | 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 ``National Class
Action Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; reference; table of contents.
Sec. 2. Coupon settlements in class action cases.
Sec. 3. Federal district court jurisdiction for national class actions.
Sec. 4. Removal of national class actions to Federal court.
Sec. 5. Effective date.
SEC. 2. COUPONS SETTLEMENTS IN CLASS ACTION CASES.
(a) In General.--Part V of title 28, United States Code, is amended
by inserting after chapter 113 the following:
``CHAPTER 114--CLASS ACTIONS
``Sec.
``1711. Definitions.
``1712. Coupons settlements.
``Sec. 1711. Definitions
``In this chapter, the following definitions shall apply:
``(1) Class.--The term `class' means all of the class
members in a class action.
``(2) Class action.--The term `class action' means any
civil action--
``(A) filed in a district court of the United
States under rule 23 of the Federal Rules of Civil
Procedure; or
``(B) any civil action that is removed to a
district court of the United States that was originally
filed under a State statute or rule of judicial
procedure authorizing an action to be brought by 1 or
more representatives on behalf of a class.
``(3) Class counsel.--The term `class counsel' means the
persons who serve as the attorneys for the class members in a
proposed or certified class action.
``(4) Class members.--The term `class members' means the
persons (named or unnamed) who fall within the definition of
the proposed or certified class in a class action.
``Sec. 1712. Coupons settlements
``(a) Contingent Fees in Coupon Settlements.--If a proposed
settlement in a class action provides for a recovery of coupons to a
class member, the portion of any attorney's fee to be paid to class
counsel based on the recovery of the coupons shall be based on the
value to class members of the coupons that are redeemed.
``(b) Other Attorney's Fee Awards in Coupon Settlements.--
``(1) In general.--If a proposed settlement in a class
action provides for a recovery of coupons to a class member,
and a portion of the recovery of the coupons is not used to
determine the attorney's fee to be paid to class counsel, the
attorney's fee shall be based upon the amount of time class
counsel expended working on the action.
``(2) Court approval.--Any attorney's fee under this
subsection shall be subject to approval by the court and shall
include an appropriate attorney's fee for obtaining equitable
relief, including an injunction, if applicable. Nothing in this
subsection shall be construed to prohibit application of a
lodestar with a multiplier method of determining attorney's
fees.
``(c) Attorney's Fee Awards Calculated on a Mixed Basis in Coupon
Settlements.--If a proposed settlement in a class action provides for
an award of coupons to a class member and also provides for equitable
relief, including injunctive relief--
``(1) that portion of the attorney's fee to be paid to
class counsel that is based upon a portion of the recovery of
the coupons shall be calculated according to subsection (a);
and
``(2) that portion of the attorney's fee to be paid to
class counsel that is not based upon a portion of the recovery
of the coupons shall be calculated according to subsection (b).
``(d) Settlement Valuation Expertise.--In a class action involving
the awarding of coupons, the court may in its discretion, upon the
motion of a party, receive expert testimony from a witness qualified to
provide information on the actual value of the settlement.
``(e) Judicial Scrutiny of Coupon Settlements.--In a class action
that provides for a recovery of coupons to a class member, the court
may approve a proposed settlement only after a hearing to determine
whether, and making a written finding that, the settlement is fair,
reasonable, and adequate for class members.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part V of title 28, United States Code, is amended by inserting after
the item relating to chapter 113 the following:
``114. Class Actions........................................ 1711''.
SEC. 3. FEDERAL DISTRICT COURT JURISDICTION FOR NATIONAL CLASS ACTIONS.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1370. National class actions
``(a) In addition to the jurisdiction conferred under this chapter,
a district court of the United States shall have jurisdiction over a
class action in which \1/3\ or fewer of the members of all proposed
plaintiff classes in the aggregate are citizens of the State in which
the action was originally filed.
``(b) A district court of the United States may, in the interests
of justice, decline to exercise jurisdiction over a class action in
which greater than \1/3\ but less than \2/3\ of the members of all
proposed plaintiff classes in the aggregate are citizens of the State
in which the action was originally filed based on consideration of--
``(1) whether the claims asserted involve matters of State
or local interest;
``(2) whether the claims asserted will be governed by laws
other than those of the State in which the action was
originally filed;
``(3) whether the forum for the class action was chosen
frivolously or in bad faith;
``(4) whether the number of citizens of the State in which
the action was originally filed in all proposed plaintiff
classes in the aggregate is substantially larger than the
number of citizens from any other State, and the citizenship of
the other members of the proposed class is dispersed among a
substantial number of States; and
``(5) whether the State claims asserted by class members of
the State in which the action was filed would be preempted by a
Federal class action.
``(c) A district court of the United States shall not exercise
jurisdiction over a class action in which--
``(1) \2/3\ or more of the members of all proposed
plaintiff classes in the aggregate are citizens of the State in
which the action was originally filed;
``(2) the primary defendants are States, State officials,
or other governmental entities against whom the district court
may be foreclosed from ordering relief; or
``(3) the number of members of all proposed plaintiff
classes in the aggregate is less than 100.
``(d) Citizenship of proposed class members in subsection (a), (b),
and (c) shall be determined on the date of filing the proposed class
action in Federal district court or State court.
``(e) This section shall not apply to any class action that soley
involves a claim--
``(1) concerning a covered security as defined under
16(f)(3) of the Securities Act of 1933 (15 U.S.C. 77p(f)(3));
``(2) that relates to the internal affairs or governance of
a corporation or other form of business enterprise and that
arises under or by virtue of the laws of the State in which
such corporation or business enterprise is incorporated or
organized; or
``(3) that relates to the rights, duties (including
fiduciary duties), and obligations relating to or created by or
pursuant to any security (as defined under section 2(a)(1) of
the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the
regulations issued thereunder).
(f) Nothing in this section shall be construed to limit Federal
jurisdiction over any class action that meets diversity of citizenship
requirements under section 1332.''.
(b) Clerical 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:
``1370. National class actions.''.
SEC. 4. REMOVAL OF NATIONAL CLASS ACTIONS TO FEDERAL COURT.
(a) In General.--Chapter 89 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1453. Removal of national class actions
``(a) A class action over which a district court would have
jurisdiction under section 1370 may be removed to a district court of
the United States, in accordance with this chapter, by--
``(1) any defendant without the consent of all defendants;
or
``(2) any plaintiff class member who has intervened, seeks
to be designated as a representative class member, and is not a
named or representative class member without the consent of all
members of such class.
``(b) The Federal district court which receives a class action
removed in accordance with this section shall make a determination
regarding the jurisdiction of the proposed class action before deciding
a motion to transfer to any other court under--
``(1) section 1391; or
``(2) section 1407.
``(c) Section 1446 (relating to a defendant removing a case) shall
apply to a plaintiff removing a case under this section, except that
the application of section 1446(b) (relating to the 30-day filing
period requirement) shall be met if a plaintiff class member files
notice of removal not later than 30 days after the receipt by such
class member, through service or otherwise, of the initial written
notice of class action.
``(d) This section shall not apply to any class action that solely
involves a claim--
``(1) concerning a covered security (as defined under
section 16(f)(3) of the Securities Act of 1933 (15 U.S.C.
77p(f)(3));
``(2) that relates to the internal affairs or governance of
a corporation or other form of business enterprise and that
arises under or by virtue of the laws of the State in which
such corporation or business enterprise is incorporated or
organized; or
``(3) that relates to the rights, duties (including
fiduciary duties), and obligations relating to or created by or
pursuant to any security (as defined under section 2(a)(1) of
the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the
regulations issued thereunder).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 89 of title 28, United States Code, is amended by adding at the
end the following:
``1453. Removal of national class actions.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil action
commenced on or after the date of enactment of this Act. | National Class Action Act of 2003 - Amends the Federal judicial code to require: (1) the portion of any attorney's fee paid to class counsel based on a recovery of coupons in a class action settlement to be based on the value to class members of the coupons redeemed; and (2) the attorney's fee in such a settlement otherwise to be based upon the amount of time class counsel expended working on the action, subject to court approval.
Grants a U.S. district court jurisdiction over a class action in which one-third or fewer of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed. Lists grounds under which a U.S. district court may decline to exercise jurisdiction over a class action in which greater than one-third but less than two-thirds of the members of the plaintiff class are citizens of the State in which the action was originally filed. Bars a U.S. district court from exercising jurisdiction over a class action (with exceptions) in which: (1) two-thirds or more of the members of all proposed plaintiff classes are citizens of the State in which the action was originally filed; (2) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief; or (3) the number of members of all proposed plaintiff classes in the aggregate is less than 100.
Allows a class action over which a district court would have jurisdiction under this Act to be removed to a U.S. district court by any: (1) defendant without the consent of all defendants; or (2) plaintiff class member who has intervened, seeks to be designated as a representative class member, and is not a named or representative class member without the consent of all members of such class. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Urban Search and Rescue
Response System Act of 2016''.
SEC. 2. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) In General.--Title III of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended
by adding at the end the following:
``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Agency.--The term `Agency' means the Federal Emergency
Management Agency.
``(3) Hazard.--The term `hazard' has the meaning given the term
in section 602.
``(4) Nonemployee system member.--The term `nonemployee System
member' means a System member not employed by a sponsoring agency
or participating agency.
``(5) Participating agency.--The term `participating agency'
means a State or local government, nonprofit organization, or
private organization that has executed an agreement with a
sponsoring agency to participate in the System.
``(6) Sponsoring agency.--The term `sponsoring agency' means a
State or local government that is the sponsor of a task force
designated by the Administrator to participate in the System.
``(7) System.--The term `System' means the National Urban
Search and Rescue Response System to be administered under this
section.
``(8) System member.--The term `System member' means an
individual who is not a full-time employee of the Federal
Government and who serves on a task force or on a System management
or other technical team.
``(9) Task force.--The term `task force' means an urban search
and rescue team designated by the Administrator to participate in
the System.
``(b) General Authority.--Subject to the requirements of this
section, the Administrator shall continue to administer the emergency
response system known as the National Urban Search and Rescue Response
System.
``(c) Functions.--In administering the System, the Administrator
shall provide for a national network of standardized search and rescue
resources to assist States and local governments in responding to
hazards.
``(d) Task Forces.--
``(1) Designation.--The Administrator shall designate task
forces to participate in the System. The Administration shall
determine the criteria for such participation.
``(2) Sponsoring agencies.--Each task force shall have a
sponsoring agency. The Administrator shall enter into an agreement
with the sponsoring agency with respect to the participation of
each task force in the System.
``(3) Composition.--
``(A) Participating agencies.--A task force may include, at
the discretion of the sponsoring agency, one or more
participating agencies. The sponsoring agency shall enter into
an agreement with each participating agency with respect to the
participation of the participating agency on the task force.
``(B) Other individuals.--A task force may also include, at
the discretion of the sponsoring agency, other individuals not
otherwise associated with the sponsoring agency or a
participating agency. The sponsoring agency of a task force may
enter into a separate agreement with each such individual with
respect to the participation of the individual on the task
force.
``(e) Management and Technical Teams.--The Administrator shall
maintain such management teams and other technical teams as the
Administrator determines are necessary to administer the System.
``(f) Appointment of System Members Into Federal Service.--
``(1) In general.--The Administrator may appoint a System
member into Federal service for a period of service to provide for
the participation of the System member in exercises, preincident
staging, major disaster and emergency response activities, and
training events sponsored or sanctioned by the Administrator.
``(2) Nonapplicability of certain civil service laws.--The
Administrator may make appointments under paragraph (1) without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service.
``(3) Relationship to other authorities.--The authority of the
Administrator to make appointments under this subsection shall not
affect any other authority of the Administrator under this Act.
``(4) Limitation.--A System member who is appointed into
Federal service under paragraph (1) shall not be considered an
employee of the United States for purposes other than those
specifically set forth in this section.
``(g) Compensation.--
``(1) Pay of system members.--Subject to such terms and
conditions as the Administrator may impose by regulation, the
Administrator shall make payments to the sponsoring agency of a
task force--
``(A) to reimburse each employer of a System member on the
task force for compensation paid by the employer to the System
member for any period during which the System member is
appointed into Federal service under subsection (f)(1); and
``(B) to make payments directly to a nonemployee System
member on the task force for any period during which the
nonemployee System member is appointed into Federal service
under subsection (f)(1).
``(2) Reimbursement for employees filling positions of system
members.--
``(A) In general.--Subject to such terms and conditions as
the Administrator may impose by regulation, the Administrator
shall make payments to the sponsoring agency of a task force to
be used to reimburse each employer of a System member on the
task force for compensation paid by the employer to an employee
filling a position normally filled by the System member for any
period during which the System member is appointed into Federal
service under subsection (f)(1).
``(B) Limitation.--Costs incurred by an employer shall be
eligible for reimbursement under subparagraph (A) only to the
extent that the costs are in excess of the costs that would
have been incurred by the employer had the System member not
been appointed into Federal service under subsection (f)(1).
``(3) Method of payment.--A System member shall not be entitled
to pay directly from the Agency for a period during which the
System member is appointed into Federal Service under subsection
(f)(1).
``(h) Personal Injury, Illness, Disability, or Death.--
``(1) In general.--A System member who is appointed into
Federal service under subsection (f)(1) and who suffers personal
injury, illness, disability, or death as a result of a personal
injury sustained while acting in the scope of such appointment,
shall, for the purposes of subchapter I of chapter 81 of title 5,
United States Code, be treated as though the member were an
employee (as defined by section 8101 of that title) who had
sustained the injury in the performance of duty.
``(2) Election of benefits.--
``(A) In general.--A System member (or, in the case of the
death of the System member, the System member's dependent) who
is entitled under paragraph (1) to receive benefits under
subchapter I of chapter 81 of title 5, United States Code, by
reason of personal injury, illness, disability, or death, and
to receive benefits from a State or local government by reason
of the same personal injury, illness, disability or death shall
elect to--
``(i) receive benefits under such subchapter; or
``(ii) receive benefits from the State or local
government.
``(B) Deadline.--A System member or dependent shall make an
election of benefits under subparagraph (A) not later than 1
year after the date of the personal injury, illness,
disability, or death that is the reason for the benefits, or
until such later date as the Secretary of Labor may allow for
reasonable cause shown.
``(C) Effect of election.--An election of benefits made
under this paragraph is irrevocable unless otherwise provided
by law.
``(3) Reimbursement for state or local benefits.--Subject to
such terms and conditions as the Administrator may impose by
regulation, if a System member or dependent elects to receive
benefits from a State or local government under paragraph (2)(A),
the Administrator shall reimburse the State or local government for
the value of the benefits.
``(4) Public safety officer claims.--Nothing in this subsection
shall be construed to bar any claim by, or with respect to, any
System member who is a public safety officer, as defined in section
1204 of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796b), for any benefits authorized under part L
of title I of that Act (42 U.S.C. 3796 et seq.).
``(i) Liability.--A System member appointed into Federal service
under subsection (f)(1), while acting within the scope of the
appointment, shall be considered to be an employee of the Federal
Government under section 1346(b) of title 28, United States Code, and
chapter 171 of that title, relating to tort claims procedure.
``(j) Employment and Reemployment Rights.--With respect to a System
member who is not a regular full-time employee of a sponsoring agency
or participating agency, the following terms and conditions apply:
``(1) Service.--Service as a System member shall be considered
to be `service in the uniformed services' for purposes of chapter
43 of title 38, United States Code, relating to employment and
reemployment rights of individuals who have performed service in
the uniformed services (regardless of whether the individual
receives compensation for such participation). All rights and
obligations of such persons and procedures for assistance,
enforcement, and investigation shall be as provided for in such
chapter.
``(2) Preclusion.--Preclusion of giving notice of service by
necessity of appointment under this section shall be considered to
be preclusion by `military necessity' for purposes of section
4312(b) of title 38, United States Code, pertaining to giving
notice of absence from a position of employment. A determination of
such necessity shall be made by the Administrator and shall not be
subject to judicial review.
``(k) Licenses and Permits.--If a System member holds a valid
license, certificate, or other permit issued by any State or other
governmental jurisdiction evidencing the member's qualifications in any
professional, mechanical, or other skill or type of assistance required
by the System, the System member is deemed to be performing a Federal
activity when rendering aid involving such skill or assistance during a
period of appointment into Federal service under subsection (f)(1).
``(l) Preparedness Cooperative Agreements.--Subject to the
availability of appropriations for such purpose, the Administrator
shall enter into an annual preparedness cooperative agreement with each
sponsoring agency. Amounts made available to a sponsoring agency under
such a preparedness cooperative agreement shall be for the following
purposes:
``(1) Training and exercises, including training and exercises
with other Federal, State, and local government response entities.
``(2) Acquisition and maintenance of equipment, including
interoperable communications and personal protective equipment.
``(3) Medical monitoring required for responder safety and
health in anticipation of and following a major disaster,
emergency, or other hazard, as determined by the Administrator.
``(m) Response Cooperative Agreements.--The Administrator shall
enter into a response cooperative agreement with each sponsoring
agency, as appropriate, under which the Administrator agrees to
reimburse the sponsoring agency for costs incurred by the sponsoring
agency in responding to a major disaster or emergency.
``(n) Obligations.--The Administrator may incur all necessary
obligations consistent with this section in order to ensure the
effectiveness of the System.
``(o) Equipment Maintenance and Replacement.--Not later than 180
days after the date of enactment of this section, the Administrator
shall submit to the appropriate congressional committees (as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report
on the development of a plan, including implementation steps and
timeframes, to finance, maintain, and replace System equipment.''.
(b) Conforming Amendments.--
(1) Applicability of title 5, united states code.--Section
8101(1) of title 5, United States Code, is amended--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) by transferring subparagraph (F) to between
subparagraph (E) and the matter following subparagraph (E);
(C) in subparagraph (F)--
(i) by striking ``United States Code,''; and
(ii) by adding ``and'' at the end; and
(D) by inserting after subparagraph (F) the following:
``(G) an individual who is a System member of the National
Urban Search and Rescue Response System during a period of
appointment into Federal service pursuant to section 327 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act;''.
(2) Inclusion as part of uniformed services for purposes of
userra.--Section 4303 of title 38, United States Code, is amended--
(A) in paragraph (13), by inserting ``, a period for which
a System member of the National Urban Search and Rescue
Response System is absent from a position of employment due to
an appointment into Federal service under section 327 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act'' before ``, and a period''; and
(B) in paragraph (16), by inserting ``System members of the
National Urban Search and Rescue Response System during a
period of appointment into Federal service under section 327 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act,'' after ``Public Health Service,''.
(c) Technical Amendment.--Section 1086(d) of the National Defense
Authorization Act for Fiscal Year 2013 is amended as follows (which
amendments shall take effect as if enacted on January 2, 2013)--
(1) in paragraph (1)--
(A) by striking ``paragraph (1)'' and inserting ``paragraph
(2)''; and
(B) in subparagraph (B) by striking ``filed or'' and
inserting ``filed (consistent with pre-existing effective
dates) or''; and
(2) in paragraph (2)(A), by striking ``amendments made by this
Act'' and inserting ``amendments made to section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796b) by this Act''.
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 House on December 7, 2016. National Urban Search and Rescue Response System Act of 2016 (Sec. 2) This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System; (2) provide for a national network of standardized search and rescue resources to assist states and local governments in responding to hazards; (3) designate urban search and rescue teams to participate in the system, determine participation criteria, and enter into an agreement with the state or local government agency sponsoring each team with respect to such participation; and (4) maintain management and technical teams necessary to administer the system. FEMA may appoint a system member for a period of federal service to provide for the participation of such member in exercises, pre-incident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by FEMA. FEMA shall enter into: (1) an annual preparedness cooperative agreement under which amounts shall be made available to a sponsoring agency for training and exercises, acquisition and maintenance of equipment, and medical monitoring required for responder safety and health; and (2) a response cooperative agreement under which FEMA shall reimburse a sponsoring agency for costs incurred in responding to a major disaster or emergency. FEMA shall submit a report on the development of a plan to finance, maintain, and replace system equipment. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Medicare Investments for
Seniors Everywhere Act (ProMISE Act)''.
SEC. 2. ADDITIONAL REIMBURSEMENTS FOR MEDICARE PROVIDERS IN LOW-
REIMBURSEMENT STATES.
Title XVIII of the Social Security Act is amended by adding at the
end the following new section:
``additional reimbursements for providers in low-reimbursement states
``Sec. 1897. (a) Additional Reimbursement.--
``(1) In general.--Subject to section 1898(c), in the case
of an affected health care provider (as defined in subsection
(c)) that is located in a low-reimbursement State (as defined
in subsection (b)) and that furnishes items or services for
which payment may be made under part A or part B, in addition
to the amount otherwise paid under such part, there also shall
be paid to the provider under such part from the Federal
Hospital Insurance Trust Fund (in the case of payments under
part A) or from the Federal Supplementary Medical Insurance
Fund (in the case of payments under part B) an amount equal to
the payment adjustment percentage (specified in paragraph (2))
of the payment amount for the service under such part.
``(2) Payment adjustment percentage.--In the case of a
provider located in a State for which the medicare
reimbursement ratio--
``(A) is at least 94 percent, the payment
adjustment percentage is 1 percent;
``(B) is at least 93 percent, but less than 94
percent, the payment adjustment percentage is 2
percent;
``(C) is at least 92 percent, but less than 93
percent, the payment adjustment percentage is 3
percent;
``(D) is at least 91 percent, but less than 92
percent, the payment adjustment percentage is 4
percent; or
``(E) is less than 91 percent, the payment
adjustment percentage is 5 percent.
``(b) Low-Reimbursement State; Medicare Reimbursement Ratio
Defined.--For purposes of this section:
``(1) Low-reimbursement state.--The term `low-reimbursement
State' means one of the 50 States or the District of Columbia
in which the medicare reimbursement ratio (as defined in
paragraph (2)) is less than 95 percent.
``(2) Medicare reimbursement ratio.--The term `medicare
reimbursement ratio' means, with respect to a State or the
District of Columbia, the ratio (expressed as a percentage)
of--
``(A) the adjusted average per capita cost (as
determined under section 1876(a)(4)) for benefits under
parts A and B of this title (without regard to any
payment under this section) in the State or District;
to
``(B) the United States per capita cost (as so
determined) for the 50 States and the District of
Columbia.
``(c) Affected Health Care Providers Covered.--For purposes of this
section the term `affected health care provider' means a facility or
professional that is within one of the following classes of health care
providers or organizations:
``(1) Hospitals.
``(2) Physicians.
``(3) Skilled nursing facilities.
``(4) Home health agencies.
``(5) Medicare+Choice organizations offering
Medicare+Choice plans.
``(d) Effective Period.--This section shall apply to payments--
``(1) for hospitals, skilled nursing facilities, and home
health agencies, for fiscal years beginning with fiscal year
2004; or
``(2) for physicians and Medicare+Choice organizations, for
calendar years beginning with 2004.
``(e) Relation to Managed Care: Avoiding Duplication of
Increases.--Payments under this section to affected health care
providers other than Medicare+Choice organizations in an area shall not
be taken into account for purposes of applying part C in that area.''.
SEC. 3. MEDICARE FINANCIAL INCENTIVE PROGRAM FOR HIGH QUALITY, LOW-COST
HEALTH CARE.
Title XVIII of the Social Security Act is further amended by adding
at the end the following new section:
``financial incentive program for high quality, low-cost health care
``Sec. 1898. (a) Ranking of States by Quality and Cost.--
``(1) In general.--The Secretary shall provide for the
ranking of States on measures of both quality and cost of
health care services under this title.
``(2) Process.--
``(A) In general.--Within 1 year after the date of
the enactment of this section, the Secretary shall
submit to Congress a proposal for establishing such
measures of quality. The Secretary shall consult with
stakeholders in developing such proposal.
``(B) Action.--If the Congress does not enact a law
within 90 legislative days after receiving such
proposal, the proposal shall become effective.
``(3) Cost.--In developing the measure based on cost, the
Secretary shall rely on the Secretary's measure of average
medicare spending per recipient in each State.
``(4) Annual evaluations.--The Secretary shall conduct
annually evaluations of States quality and cost of health care
services under this title.
``(b) Additional Bonus Payment.--
``(1) In general.--Subject to subsection (c), in the case
of a hospital or physician that is located in a State that is
ranked under subsection (a) among the top quartile of States in
quality and cost and that furnishes items or services for which
payment may be made under part A or part B, in addition to the
amount otherwise paid under such part, there also shall be paid
to the provider under such part from the Federal Hospital
Insurance Trust Fund (in the case of payments under part A) or
from the Federal Supplementary Medical Insurance Fund (in the
case of payments under part B) an amount equal to 5 percent of
the payment amount for the service under such part.
``(2) Authority to cover other providers.--The Secretary
may expand paragraph (1) to apply to other health care
providers and practitioners under this title, but shall not
effect such an expansion without reporting to Congress.
``(c) Aggregate Percentage Adjustment Limitation.--In no case shall
the sum of the percentage increase under subsection (b) and the payment
adjustment percentage under section 1897(a)(2) with respect to a State
exceed 100 percent minus the medicare reimbursement ratio (as defined
in section 1897(b)(2)) for that State. Any such percentage increase or
adjustment shall be reduced on a pro-rata basis to the extent required
to comply with the previous sentence.''. | Protecting Medicare Investments for Seniors Everywhere Act (ProMISE Act) - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) additional reimbursements for Medicare providers in low-reimbursement States (where the Medicare reimbursement ratio of the adjusted average State per capita cost for part A and partr B benefits to the U.S. per capita cost is under 95 percent); and (2) a financial incentive program of bonus payments to providers in States with high quality, low-cost health care. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Sealift
Enhancement Act of 1999''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CAPITAL CONSTRUCTION FUND
Sec. 101. Amendments of Internal Revenue Code of 1986.
Sec. 102. Amendment to the Tariff Act of 1930.
Sec. 103. Effective date.
TITLE II--ELECTION TO EXPENSE UNITED STATES FLAG VESSELS
Sec. 201. Election to expense certain United States flag vessels.
TITLE III--INCOME EXCLUSION FOR MERCHANT SEAMEN
Sec. 301. Income of merchant seaman excludable from gross income as
foreign earned income.
TITLE IV--EXEMPTION FROM ALTERNATIVE MINIMUM TAX
Sec. 401. Exemption from alternative minimum tax for corporations that
operate United States flag vessels.
TITLE V--CONVENTIONS ON UNITED STATES-FLAG CRUISE SHIPS
Sec. 501. Conventions on United States-flag cruise ships.
TITLE I--CAPITAL CONSTRUCTION FUND
SEC. 101. AMENDMENTS OF INTERNAL REVENUE CODE OF 1986.
(a) Treatment of Certain Lease Payments.--
(1) Paragraph (1) of section 7518(e) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end
of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, or'', and by inserting after
subparagraph (C) the following new subparagraph:
``(D) the payments of amounts which reduce the
principal amount (as determined under regulations) of a
qualified lease of a qualified vessel or container
which is part of the complement of an eligible
vessel.''.
(2) Paragraph (4) of section 7518(f) of such Code is
amended by inserting ``or to reduce the principal amount of any
qualified lease'' after ``indebtedness''.
(b) Authority To Make Deposits Under The Tariff Act of 1930.--
(1) Paragraph (1) of section 7518(a) of such Code is
amended by striking ``and'' at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(E) the amount elected for deposit under
subsection (i) of section 466 of the Tariff Act of 1930
(19 U.S.C. 1466).''.
(2) Subparagraph (A) of section 7518(d)(2) of such Code is
amended to read as follows:
``(A) amounts referred to in subsections (a)(1)(B)
and (E).''.
(c) Authority To Make Deposits for Prior Years Based on Audit
Adjustments.--Subsection (a) of section 7518 of such Code is amended by
adding at the end thereof the following new paragraph:
``(4) Deposits for prior years.--To the extent permitted by
joint regulations, deposits may be made in excess of the
limitation described in paragraph (1) (and any limitation
specified in the agreement) for the taxable year if, by reason
of a change in taxable income for a prior taxable year that has
become final pursuant to a closing agreement or other similar
agreement entered into during the taxable year, the amount of
the deposit could have been made for such prior taxable
year.''.
(d) Treatment of Capital Gains and Losses.--
(1) Paragraph (3) of section 7518(d) of such Code is
amended to read as follows:
``(3) Capital gain account.--The capital gain account shall
consist of--
``(A) amounts representing long-term capital gains
(as defined in section 1222) on assets held in the
fund, reduced by
``(B) amounts representing long-term capital losses
(as defined in such section) on assets held in the
fund.''.
(2) Subparagraph (B) of section 7518(d)(4) of such Code is
amended to read as follows:
``(B)(i) amounts representing short-term capital
gains (as defined in section 1222) on assets held in
the fund, reduced by
``(ii) amounts representing short-term capital
losses (as defined in such section) on assets held in
the fund,''.
(3) Subparagraph (B) of section 7518(g)(3) of such Code is
amended by striking ``gain'' and all that follows and inserting
``long-term capital gain (as defined in section 1222), and''.
(4) The last sentence of subparagraph (A) of section
7518(g)(6) of such Code is amended by striking ``20 percent (34
percent in the case of a corporation)'' and inserting ``the
rate applicable to net capital gain under such section
1(h)(1)(C) or 1201(a), as the case may be''.
(e) Computation of Interest With Respect to Nonqualified
Withdrawals.--
(1) Subparagraph (C) of section 7518(g)(3) of such Code is
amended--
(A) by striking clause (i) and inserting the
following new clause:
``(i) no addition to the tax shall be
payable under section 6651, and'', and
(B) by striking ``paid at the applicable rate (as
defined in paragraph (4))'' in clause (ii) and
inserting ``paid in accordance with section 6601''.
(2) Subsection (g) of section 7518 of such Code is amended
by striking paragraph (4) and by redesignating paragraphs (5)
and (6) as paragraphs (4) and (5), respectively.
(3) Subparagraph (A) of section 7518(g)(5) of such Code, as
redesignated by paragraph (2), is amended by striking
``paragraph (5)'' and inserting ``paragraph (4)''.
(f) Other Changes.--
(1) Paragraph (2) of section 7518(b) of such Code is
amended by striking ``interest-bearing securities approved by
the Secretary'' and inserting ``interest-bearing securities and
other income-producing assets (including accounts receivable)
approved by the Secretary''.
(2) The last sentence of paragraph (1) of section 7518(e)
of such Code is amended by striking ``and containers'' each
place it appears.
(3) Subparagraph (B) of section 543(a)(1) of such Code is
amended to read as follows:
``(B) interest on amounts set aside in a capital
construction fund under section 607 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1177), or in a
construction reserve fund under section 511 of such Act
(46 App. U.S.C. 1161),''.
(4) Subsection (c) of section 56 of such Code is amended by
striking paragraph (2) and by redesignating paragraph (3) as
paragraph (2).
(5) Section 7518(e) is amended by adding at the end the
following new paragraph:
``(3) Qualified withdrawal.--In the case of amounts in any
fund as of the date of the enactment of this paragraph, and any
earnings thereon, for purposes of this subsection, the term
`qualified withdrawal' has the meaning given such term by
applying subsection (i)(2) as of such date.''
(g) Definitions.--Subsection (i) of section 7518 of such Code is
amended to read as follows:
``(i) Definitions.--
``(1) In general.--Except as provided in paragraph (2),
terms used in this section shall have the same meaning as in
section 607(k) of the Merchant Marine Act, 1936.
``(2) Other definitions.--For the purposes of this
section--
``(A) The term `eligible vessel' means any vessel--
``(i) documented under the laws of the
United States, and
``(ii) operated in the foreign or domestic
commerce of the United States or in the
fisheries of the United States.
``(B) Qualified vessel.--The term `qualified
vessel' means any vessel--
``(i) constructed in the United States and,
if reconstructed, reconstructed in the United
States,
``(ii) documented under the laws of the
United States, and
``(iii) which the person maintaining the
fund agrees with the Secretary will be operated
in the fisheries of the United States, or in
the United States foreign, Great Lakes,
noncontiguous domestic trade, or other
oceangoing domestic trade between two coastal
points in the United States or in support of
operations conducted on the Outer Continental
Shelf.
``(C) Vessel.--The term `vessel' includes
containers or trailers intended for use as part of the
complement of one or more eligible vessels and cargo
handling equipment which the Secretary determines is
intended for use primarily on the vessel. The term
`vessel' also includes an ocean-going towing vessel or
an ocean-going barge or comparable towing vessel or
barge operated on the Great Lakes.
``(D) Foreign commerce.--The terms `foreign
commerce' and `foreign trade' have the meanings given
such terms in section 905 of the Merchant Marine Act,
1936, except that these terms shall include commerce or
trade between foreign ports.
``(E) Qualified lease.--The term `qualified lease'
means any lease with a term of at least 5 years.''
SEC. 102. AMENDMENT TO THE TARIFF ACT OF 1930.
Section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) is amended
by adding at the end the following new subsection:
``(i) Election To Deposit Duty Into a Capital Construction Fund In
Lieu of Payment to the Secretary of the Treasury.--At the election of
the owner or master of any vessel referred to in subsection (a) of this
section which is an eligible vessel (as defined in section 7518(i)(2)
of the Internal Revenue Code of 1986), the portion of any duty imposed
by subsection (a) which is deposited in a fund established under
section 607 of the Merchant Marine Act, 1936 shall be treated as paid
to the Secretary of the Treasury in satisfaction of the liability for
such duty.''
SEC. 103. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this title shall apply to taxable years ending after
the date of the enactment of this Act.
(b) Changes in Computation of Interest.--The amendments made by
section 101(e) shall apply to withdrawals made after December 31, 1998,
including for purposes of computing interest on such a withdrawal for
periods on or before such date.
(c) Qualified Leases.--The amendments made by section 101(a) shall
apply to leases in effect on, or entered into after, December 31, 1998.
(d) Amendment to the Tariff Act of 1930.--The amendment made by
section 102 shall apply with respect to entries not yet liquidated by
December 31, 1998, and to entries made on or after such date.
TITLE II--ELECTION TO EXPENSE UNITED STATES FLAG VESSELS
SEC. 201. ELECTION TO EXPENSE CERTAIN UNITED STATES FLAG VESSELS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
179A the following new section:
``SEC. 179B. DEDUCTION FOR UNITED STATES FLAG VESSELS.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any vessel that is a qualified United States flag vessel as an
expense which is not chargeable to its capital account.
``(b) Year in Which Deduction Allowed.--The deduction under
subsection (a) shall be allowed for the taxable year in which the
vessel first becomes a qualified United States flag vessel.
``(c) Definitions.--
``(1) Qualified united states flag vessel.--For purposes of
this section, the term `qualified United States flag vessel'
means a United States flag vessel that is operated exclusively
in the foreign trade of the United States.
``(2) Cost.--For purposes of this section, the term `cost'
means an amount equal to the lesser of--
``(A) the purchase price of the vessel, or
``(B) the adjusted basis of the vessel, determined
under section 1011, at the time that the vessel becomes
a qualified United States flag vessel.
``(d) Basis Reduction.--
``(1) In general.--For purposes of this title, the basis of
any property shall be reduced by the portion of the cost of
such property taken into account under subsection (a).
``(2) Ordinary income recapture.--For purposes of section
1245, the amount of the deduction allowable under subsection
(a) with respect to any property which is of a character
subject to the allowance for depreciation shall be treated as a
deduction allowed for depreciation under section 167.''
(b) Conforming Amendments.--
(1) Paragraph (1) of section 263(a) of such Code 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 new subparagraph:
``(I) expenditures for which a deduction is allowed
under section 179B.''.
(2) Subparagraph (B) of section 312(k)(3) of such Code is
amended by striking ``or 179A'' each place it appears and
inserting ``, 179A, or 179B''.
(3) Subparagraph (C) of section 1245(a)(2) of such Code is
amended by inserting ``179B,'' after ``179A,''.
(4) 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. Deduction for United States
flag vessels.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
TITLE III--INCOME EXCLUSION FOR MERCHANT SEAMEN
SEC. 301. INCOME OF MERCHANT SEAMAN EXCLUDABLE FROM GROSS INCOME AS
FOREIGN EARNED INCOME.
(a) Section 911 Exclusion.--Section 911(d) of the Internal Revenue
Code of 1986 (relating to citizens or residents of the United States
living abroad) is amended by redesignating paragraph (9) as paragraph
(10) and by inserting after paragraph (8) the following:
``(9) Application to certain merchant marine crews.--In
applying this section to an individual who is a citizen or
resident of the United States and who is employed for a minimum
of 90 days during a taxable year as a regular member of the
crew of a vessel or vessels owned, operated, or chartered by a
United States citizen--
``(A) the individual shall be treated as a
qualified individual without regard to the requirements
of paragraph (1); and
``(B) any earned income attributable to services
performed by that individual so employed on such a
vessel while it is engaged in transportation between
the United States and a foreign country or possession
of the United States shall be treated (except as
provided by subsection (b)(1)(B)) as foreign earned
income regardless of where payments of such income are
made.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
TITLE IV--EXEMPTION FROM ALTERNATIVE MINIMUM TAX
SEC. 401. EXEMPTION FROM ALTERNATIVE MINIMUM TAX FOR CORPORATIONS THAT
OPERATE UNITED STATES FLAG VESSELS.
(a) In General.--Section 55 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(f) Exemption for Corporations That Operate United States Flag
Vessels.--
``(1) In General.--The tentative minimum tax of a
corporation shall be zero for any taxable year in which the
corporation is a qualified corporation.
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified corporation.--The term `qualified
corporation' means any domestic corporation if--
``(i) substantially all of the assets of
such corporation are related to the maritime
transportation business, and
``(ii) such corporation owns or demise
charters a fleet of 4 or more qualified United
States flag vessels.
``(B) Qualified united states flag vessel.--The
term `qualified United States flag vessel' means a
United States flag vessel having a deadweight tonnage
of not less than 10,000 deadweight tons that is
operated exclusively in the foreign trade of the United
States during each of the 360 days immediately
preceding the last day of the taxable year. Days during
which the vessel is drydocked, surveyed, inspected, or
repaired shall be considered days of operation for
purposes of this subsection.
``(C) Foreign trade.--The term `foreign trade' has
the meaning given to such term by section 7518(i)(2).''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
TITLE V--CONVENTIONS ON UNITED STATES-FLAG CRUISE SHIPS
SEC. 501. CONVENTIONS ON UNITED STATES-FLAG CRUISE SHIPS.
(a) In General.--Section 274(h)(2) of the Internal Revenue Code of
1986 (relating to conventions on cruise ships) is amended by striking
``that--'' and all that follows through ``possessions of the United
States.'' and inserting ``that the cruise ship is a vessel registered
in the United States.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years ending after the date of the enactment of this
Act. | Title II: Election to Expense United States Flag Vessels
- Permits, under the IRC, a taxpayer to elect to treat the cost of any vessel that is a qualified U. S. flag vessel as an expense which is not chargeable to its capital account.
Title III: Income Exclusion for Merchant Seamen
- Permits the income of certain merchant seaman to be excluded from gross income under IRC provisions permitting such exclusion for U.S. citizens or residents living abroad.
Title IV: Exemption from Alternative Minimum Tax
- Provides that the tentative minimum tax shall be zero for certain corporations which derive substantially all of their assets from the operation of U.S. flag vessels.
Title V: Conventions on United States-Flag Cruise Ships
- Eliminates the requirements that a cruise ship be U.S. registered and that all points of call be in the U.S. or its possessions in order to qualify for the deduction allowed for the attendance of a convention on a cruise ship. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Foreign and Armed
Services Tax Fairness Act of 2002''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; etc.
Sec. 2. Restoration of full exclusion from gross income of death
gratuity payment.
Sec. 3. Special rule for members of uniformed services and Foreign
Service in determining exclusion of gain
from sale of principal residence.
Sec. 4. Qualified military base realignment and closure fringe benefit.
Sec. 5. Extension of tax filing delay provisions to military personnel
serving in contingency operations.
Sec. 6. Deduction of certain expenses of members of the reserve
component.
Sec. 7. Modification of membership requirement for exemption from tax
for veterans' organizations.
Sec. 8. Clarification of the treatment of dependent care assistance
programs sponsored by the Department of
Defense for members of the Armed Forces of
the United States.
SEC. 2. RESTORATION OF FULL EXCLUSION FROM GROSS INCOME OF DEATH
GRATUITY PAYMENT.
(a) In General.--Subsection (b)(3) of section 134 (relating to
certain military benefits) is amended by adding at the end the
following new subparagraph:
``(C) Exception for death gratuity adjustments made
by law.--Subparagraph (A) shall not apply to any
adjustment to the amount of death gratuity payable
under chapter 75 of title 10, United States Code, which
is pursuant to a provision of law enacted after
September 9, 1986.''.
(b) Conforming Amendment.--Subparagraph (A) of section 134(b)(3) is
amended by striking ``subparagraph (B)'' and inserting ``subparagraphs
(B) and (C)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to deaths occurring after September 10, 2001.
SEC. 3. SPECIAL RULE FOR MEMBERS OF UNIFORMED SERVICES AND FOREIGN
SERVICE IN DETERMINING EXCLUSION OF GAIN FROM SALE OF
PRINCIPAL RESIDENCE.
(a) In General.--Subsection (d) of section 121 (relating to
exclusion of gain from sale of principal residence) is amended by
adding at the end the following new paragraph:
``(9) Members of uniformed services and foreign service.--
``(A) In general.--At the election of an individual
with respect to a property, the running of the 5-year
period described in subsection (a) with respect to such
property shall be suspended during any period that such
individual or such individual's spouse is serving on
qualified official extended duty as a member of the
uniformed services or of the Foreign Service.
``(B) Maximum period of suspension.--The 5-year
period described in subsection (a) shall not be
extended more than 5 years by reason of subparagraph
(A).
``(C) Qualified official extended duty.--For
purposes of this paragraph--
``(i) In general.--The term `qualified
official extended duty' means any extended duty
while serving at a duty station which is at
least 50 miles from such property or while
residing under Government orders in Government
quarters.
``(ii) Uniformed services.--The term
`uniformed services' has the meaning given such
term by section 101(a)(5) of title 10, United
States Code, as in effect on the date of the
enactment of this paragraph.
``(iii) Foreign service of the united
states.--The term `member of the Foreign
Service' has the meaning given the term `member
of the Service' by paragraph (1), (2), (3),
(4), or (5) of section 103 of the Foreign
Service Act of 1980.
``(iv) Extended duty.--The term `extended
duty' means any period of duty pursuant to a
call or order to such duty for a period in
excess of 90 days or for an indefinite period.
``(D) Special rules relating to election.--
``(i) Election limited to 1 property at a
time.--An election under subparagraph (A) with
respect to any property may not be made if such
an election is in effect with respect to any
other property.
``(ii) Revocation of election.--An election
under subparagraph (A) may be revoked at any
time.''.
(b) Effective Date.--The amendment made by this section shall apply
to elections made after the date of the enactment of this Act for
suspended periods under section 121(d)(9) of the Internal Revenue Code
of 1986 (as added by this section) beginning after such date.
SEC. 4. QUALIFIED MILITARY BASE REALIGNMENT AND CLOSURE FRINGE BENEFIT.
(a) In General.--Section 132(a) (relating to the exclusion from
gross income of certain fringe benefits) is amended by striking ``or''
at the end of paragraph (6), by striking the period at the end of
paragraph (7) and inserting ``, or'' and by adding at the end the
following new paragraph:
``(8) qualified military base realignment and closure
fringe.''.
(b) Qualified Military Base Realignment and Closure Fringe.--
Section 132 is amended by redesignating subsection (n) as subsection
(o) and by inserting after subsection (m) the following new subsection:
``(n) Qualified Military Base Realignment and Closure Fringe.--For
purposes of this section, the term `qualified military base realignment
and closure fringe' means 1 or more payments under the authority of
section 1013 of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374) to offset the adverse effects on housing
values as a result of a military base realignment or closure.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after the date of the enactment of this Act.
SEC. 5. EXTENSION OF TAX FILING DELAY PROVISIONS TO MILITARY PERSONNEL
SERVING IN CONTINGENCY OPERATIONS.
(a) In General.--Section 7508(a) (relating to time for performing
certain acts postponed by reason of service in combat zone) is
amended--
(1) by inserting ``or when deployed outside the United
States away from the individual's permanent duty station while
participating in an operation designated by the Secretary of
Defense as a contingency operation (as defined in section
101(a)(13) of title 10, United States Code) or which became
such a contingency operation by operation of law'' after
``section 112'',
(2) by inserting in the first sentence ``or at any time
during the period of such contingency operation'' after ``for
purposes of such section'',
(3) by inserting ``or operation'' after ``such an area'',
and
(4) by inserting ``or operation'' after ``such area''.
(b) Conforming Amendments.--
(1) Section 7508(d) is amended by inserting ``or
contingency operation'' after ``area''.
(2) The heading for section 7508 is amended by inserting
``or contingency operation'' after ``combat zone''.
(3) The item relating to section 7508 in the table of
sections for chapter 77 is amended by inserting ``or
contingency operation'' after ``combat zone''.
(c) Effective Date.--The amendments made by this section shall
apply to any period for performing an act which has not expired before
the date of the enactment of this Act.
SEC. 6. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE RESERVE
COMPONENT.
(a) Deduction Allowed.--Section 162 (relating to certain trade or
business expenses) is amended by redesignating subsection (p) as
subsection (q) and inserting after subsection (o) the following new
subsection:
``(p) Treatment of Expenses of Members of Reserve Component of
Armed Forces of the United States.--For purposes of subsection (a), in
the case of an individual who performs services as a member of a
reserve component of the Armed Forces of the United States at any time
during the taxable year, such individual shall be deemed to be away
from home in the pursuit of a trade or business during any period for
which such individual is away from home in connection with such
service.''.
(b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.--
Section 62(a)(2) (relating to certain trade and business deductions of
employees) is amended by adding at the end the following new
subparagraph:
``(E) Certain expenses of members of reserve
components of the armed forces of the united states.--
The deductions allowed by section 162 which consist of
expenses, in amounts not in excess of the rates for
travel expenses (including per diem in lieu of
subsistence) authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States
Code, paid or incurred by the taxpayer in connection
with the performance of services by such taxpayer as a
member of a reserve component of the Armed Forces of
the United States.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2001.
SEC. 7. MODIFICATION OF MEMBERSHIP REQUIREMENT FOR EXEMPTION FROM TAX
FOR VETERANS' ORGANIZATIONS.
(a) In General.--Subparagraph (B) of section 501(c)(19) (relating
to list of exempt organizations) is amended by striking ``or widowers''
and inserting ``, widowers, or ancestors or lineal descendants''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 8. CLARIFICATION OF THE TREATMENT OF DEPENDENT CARE ASSISTANCE
PROGRAMS SPONSORED BY THE DEPARTMENT OF DEFENSE FOR
MEMBERS OF THE ARMED FORCES OF THE UNITED STATES.
(a) In General.--Section 134(b) (defining qualified military
benefit) is amended by adding at the end the following new paragraph:
``(4) Clarification of certain benefits.--For purposes of
paragraph (1), such term includes any dependent care assistance
program sponsored by the Department of Defense for members of
the Armed Forces of the United States.''.
(b) Conforming Amendments.--
(1) Section 3121(a)(18) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(2) Section 3306(b)(13) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(3) Section 3401(a)(18) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
(d) No Inference.--No inference may be drawn from the amendments
made by this section with respect to the tax treatment of any amounts
under the program described in section 134(b)(4) of the Internal
Revenue Code of 1986 (as added by this section) for any taxable year
beginning before January 1, 2002. | Foreign and Armed Forces Tax Fairness Act of 2002 - Amends the Internal Revenue Code to: (1) restore the full exclusion from gross income of the death gratuity payment; (2) permit a suspension of residency rules governing the exclusion of gain from sale of a principal residence for members of the uniformed services or the Foreign Service serving on qualified official extended duty; (3) exclude from gross income qualified military base realignment and closure fringe benefits; (4) extend tax filing delay provisions to military personnel serving in contingency operations; (5) allow as a business or trade deduction the expenses of a member of the reserve component of the U.S. armed forces in connection with such service (available to itemizers and non-itemizers); (6) include ancestors and lineal descendants of past or present members of the armed forces when determining whether a veterans' organization is exempt from tax; and (7) fully exclude from gross income certain dependent care assistance programs sponsored by the Department of Defense. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Access and
Awareness Act''.
SEC. 2. DIETARY SUPPLEMENTS; PRODUCT LISTING; REPORTING, POSTMARKET
SURVEILLANCE, AND OTHER PROVISIONS REGARDING SAFETY.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the
following section:
``SEC. 416. DIETARY SUPPLEMENTS; PRODUCT LISTING; REPORTING, POSTMARKET
SURVEILLANCE, AND OTHER PROVISIONS REGARDING SAFETY.
``(a) Limitation on Applicability.--Notwithstanding the other
subsections of this section, this section does not apply to any dietary
supplement that meets the conditions described in paragraphs (1) and
(2), as follows:
``(1) The supplement bears or contains one or more of the
following dietary ingredients:
``(A) A vitamin.
``(B) A mineral.
``(C) A concentrate, metabolite, constituent,
extract, or combination of any vitamin or mineral.
``(2) The supplement does not bear or contain--
``(A) an herb or other botanical, an amino acid, or
a dietary substance for use by man to supplement the
diet by increasing the total dietary intake; or
``(B) a concentrate, metabolite, constituent,
extract, or combination of any ingredient specified in
subparagraph (A).
``(b) Product Listing.--Every person who is required under section
415 to register with the Secretary with respect to manufacturing or
processing a dietary supplement shall, in the form and manner
prescribed by the Secretary, report to the Secretary twice each year,
once during the month of June and once during the month of December,
the following information:
``(1) A list of each dietary supplement manufactured or
processed by the person for commercial distribution in the
United States, other than dietary supplements previously
included on a list reported under this subsection by the
person.
``(2) The labeling for each of the dietary supplements on
the list.
``(3) A listing of the major ingredients of each dietary
supplement on the list (including active ingredients, as
applicable), except that the Secretary may require the
submission of a quantitative listing of all ingredients in such
a supplement if the Secretary finds that such submission is
necessary to carry out the purposes of this Act.
``(4) If, since the date the person last made a report
under this subsection (or if the person has not previously made
such a report, since the effective date of this section), the
person has discontinued the manufacture or processing of a
dietary supplement included on a list reported under this
subsection by the person--
``(A) notice of such discontinuance;
``(B) the date of such discontinuance; and
``(C) the identity of such supplement.
``(5) Such other information describing the dietary
supplements as the Secretary may by regulation require.
``(c) Reporting of Information on Adverse Experiences.--
``(1) Serious experiences.--Each person who is a
manufacturer or distributor of a dietary supplement shall
report to the Secretary any information received by such person
on serious adverse experiences regarding the supplement. Such a
report shall be submitted to the Secretary not later than 15
days after the date on which the person receives such
information.
``(2) Investigation and follow-up.--A person submitting a
report under paragraph (1) on a serious adverse experience
shall promptly investigate the experience, and if additional
information is obtained, shall report the information to the
Secretary not later than 15 days after obtaining the
information. If no additional information is obtained, records
of the steps taken to seek additional information shall be
maintained by the person.
``(3) Authority of secretary.--In addition to requirements
established in this subsection, the Secretary may establish
such requirements regarding the reporting of information on
adverse experiences as the Secretary determines to be
appropriate to protect the public health. The Secretary may
establish waivers from requirements under this subsection
regarding such information if the Secretary determines that
compliance with the requirement involved is not necessary to
protect the public health regarding such supplements.
``(4) Definitions.--For purposes of this subsection:
``(A) The term `adverse experience regarding a
dietary supplement' means any adverse event associated
with the use of such supplement in humans, whether or
not such event is considered to be related to the
supplement by a person referred to in paragraph (1) who
obtains the information.
``(B) The term `serious', with respect to an
adverse experience regarding a dietary supplement,
means an adverse experience that--
``(i) results in death; a life-threatening
condition; inpatient hospitalization or
prolongation of hospitalization; a persistent
or significant disability or incapacity; or a
congenital anomaly, birth defect, or other
effect regarding pregnancy, including premature
labor or low birth weight; or
``(ii) requires medical or surgical
intervention to prevent one of the outcomes
described in clause (i).
``(d) Postmarket Surveillance.--The Secretary may by order require
a manufacturer of a dietary supplement to conduct postmarket
surveillance for the supplement if the Secretary determines that there
is a reasonable possibility that a use or expected use of the
supplement may have serious adverse health consequences.
``(e) Authority to Order Demonstration of Safety.--
``(1) In general.--If the Secretary has reasonable grounds
for believing that a dietary supplement may be adulterated
under section 402(f)(1), the Secretary may by order require the
manufacturer to demonstrate to the Secretary that the
supplement is not so adulterated.
``(2) Distribution of product pending completion of
process.--
``(A) In general.--Subject to subparagraph (B), a
dietary supplement may not be considered adulterated
under section 402(f)(1) during the pendency of a
demonstration under paragraph (1) by the manufacturer
of the supplement and during the pendency of the review
under paragraph (4) by the Secretary with respect to
the demonstration.
``(B) Imminent hazard to public health or safety.--
This subsection does not affect the authority of the
Secretary under section 402(f)(1)(C).
``(3) Timeframe for demonstration.--
``(A) In general.--An order under paragraph (1)
shall provide that the demonstration under such
paragraph by a manufacturer is required to be completed
not later than the expiration of 180 days after the
date on which the order is issued, except that the
Secretary may extend such period if the Secretary
determines that an extension is appropriate. Any
information submitted for such purpose by the
manufacturer after the expiration of the applicable
period under the preceding sentence may not be
considered by the Secretary, except to the extent that
the Secretary requests the manufacturer to provide
additional information after such period.
``(B) Completion date of demonstration.--A
demonstration under paragraph (1) shall be considered
complete on the expiration of the applicable period
under subparagraph (A), or on such earlier date as the
manufacturer informs the Secretary that the
manufacturer has completed the demonstration, or on
such earlier date as the Secretary reasonably concludes
that the manufacturer has no further information to
provide to the Secretary as part of the demonstration
or that the manufacturer is not in substantial
compliance with the order under paragraph (1).
``(4) Review by secretary.--Once a demonstration under
paragraph (1) by a manufacturer is completed, the Secretary
shall review all relevant information received by the Secretary
pursuant to the demonstration or otherwise available to the
Secretary and make a determination of whether the Secretary
considers the dietary supplement involved to be adulterated
under section 402(f)(1). Such determination shall be made not
later than 180 days after the completion of the demonstration.
``(5) Requirements regarding demonstrations.--The Secretary
may, by order or by regulation, establish requirements for
demonstrations under paragraph (1).
``(6) Relation to other procedures.--In the case of a
dietary supplement with respect to which the Secretary has not
issued an order under paragraph (1), this subsection may not be
construed as preventing the Secretary from acting pursuant to
section 402(f)(1) to the same extent and in the same manner as
would apply in the absence of this subsection. In the case of a
dietary supplement with respect to which the Secretary has
issued an order under paragraph (1), a determination under
paragraph (4) that the supplement is not adulterated under
section 402(f)(1) does not prevent the Secretary from making a
determination, on the basis of additional information obtained
by the Secretary, that the supplement is so adulterated.
``(f) Sales to Minors; Significant Risk.--
``(1) Criteria.--Not later than the expiration of the two-
year period beginning on the date of the enactment of the
Dietary Supplement Access and Awareness Act, the Secretary
shall by regulation establish criteria for making a
determination that a dietary supplement may pose a significant
risk to individuals who are under the age of 18 (referred to in
this section individually as a `minor').
``(2) Product determination; prohibited act.--The Secretary
may, by order or by regulation, make a determination described
in paragraph (1) with respect to a dietary supplement.
Effective upon the expiration of a period designated by the
Secretary in publishing such determination in the Federal
Register, the act of selling the dietary supplement to a minor
shall be deemed to be an act which results in such supplement
being misbranded while held for sale. During the two-year
period referred to in paragraph (1), an order making such a
determination may be issued notwithstanding that criteria have
not yet been established in accordance with such paragraph.
``(g) Recordkeeping on Safety Issues.--
``(1) In general.--The Secretary shall by regulation
require manufacturers of dietary supplements to maintain
records regarding reports of serious adverse experiences under
subsection (c) and records regarding compliance with section
402.
``(2) Retention period.--Regulations under paragraph (1)
shall specify the number of years for which records required in
such paragraph are required to be retained, except that, if
under section 402(g)(1) the Secretary makes a determination
that expiration date labeling is necessary for dietary
supplements, records regarding dietary supplements in a lot
shall be retained for not less than one year after the
expiration date of supplements in the lot.''.
(b) Prohibited Acts.--
(1) In general.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end
the following:
``(hh) The failure of a person to comply with any requirement under
section 416, other than an order under subsection (e)(1) of such
section.''.
(2) Adulterated dietary supplements.--
(A) Order regarding demonstration of safety.--
Section 402 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 342) is amended by adding at the end the
following:
``(i) If it is a dietary supplement and the manufacturer of the
supplement fails to comply with an order of the Secretary under section
416(e)(1) that is issued with respect to the supplement.''.
(B) Certain court procedures; determination of
unreasonable risk.--Section 402(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 342(f)) is amended--
(i) in subparagraph (1), by striking the
matter after and below clause (D) of such
subparagraph; and
(ii) by adding at the end the following
subparagraph:
``(3)(A) For purposes of clause (A) or (B) of subparagraph (1), the
Secretary shall consider a dietary supplement or dietary ingredient as
presenting an unreasonable risk of illness or injury if the Secretary
determines that the risks of such product outweighs its benefits, as
indicated by a relative weighing of the known and reasonably likely
risks of the product against its known and reasonably likely benefits.
In the absence of a sufficient benefit, the presence of even a
relatively small risk of a serious adverse health effect to a user may
be considered by the Secretary as unreasonable.
``(B) A determination by the Secretary under clause (A) with
respect to the risk of a product may be made on the basis of any
science-based evidence of risk, without the need to prove that the
substance has actually caused harm in particular cases. The Secretary
shall consider any relevant evidence including but not limited to
scientific data about the toxicological properties of a dietary
ingredient or its mechanism of action; known effects of
pharmacologically related compounds, including those regulated as
drugs; the results of clinical studies, including observational
studies; and adverse event reports.
``(C) A determination that a product presents an unreasonable risk
may be made under clause (A) by the Secretary even though there are
uncertainties as to the levels of a dietary ingredient that may present
a risk.''.
(3) Trade secrets.--Section 301(j) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended by
inserting ``416,'' after ``414,''.
(c) Inspection Authority.--Section 704(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 374(a)) is amended--
(1) in paragraph (1), by inserting after the second
sentence the following: ``In the case of any person who
manufactures, processes, packs, transports, distributes, holds,
or imports a dietary supplement with respect to which an order
under section 416(e)(1) has been issued, the inspection shall
extend to all records, files, papers, processes, controls, and
facilities bearing on whether the dietary supplement is
adulterated under section 402(f)(1).''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``third sentence'' and inserting ``fourth
sentence''.
SEC. 3. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS.
(a) Health Care Professionals.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting
through the Commissioner of Food and Drugs, shall carry out a
program to educate health professionals on the importance of
reporting to the Food and Drug Administration adverse health
experiences that are associated with dietary supplements.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2006, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
(b) Consumers.--
(1) In general.--The Secretary, acting through the
Commissioner of Food and Drugs, shall carry out a program to
educate consumers of dietary supplements on the importance of
informing their health professionals of the dietary supplements
and drugs the consumers are taking.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2006, in addition to
any other authorization of appropriations that is available
with respect to such purpose. | Dietary Supplement Access and Awareness Act - Amends the Federal Food, Drug, and Cosmetic Act to require manufacturers and processors of dietary supplements to report certain information to the Secretary of Health and Human Services annually, including a list of supplements manufactured and the labeling and major ingredients for such supplements.
Requires manufacturers and distributors to report to the Secretary any serious adverse experiences regarding a supplement.
Authorizes the Secretary to require a manufacturer to: (1) conduct postmarket surveillance if there is a reasonable possibility of a supplement causing adverse health consequences; and (2) demonstrate that a supplement is not adulterated.
Requires the Secretary to establish criteria for making a determination that a dietary supplement may pose a significant risk to minors. Deems the act of selling a dietary supplement to a minor after the Secretary has made such a determination to be an act which results in a supplement being misbranded while held for sale.
Deems a dietary supplement to be adulterated if the manufacturer fails to comply with the Secretary's order to demonstrate the drug's safety.
Requires the Secretary to consider a dietary supplement or ingredient as presenting an unreasonable risk of injury or illness if the Secretary determines that the risks of such product outweighs its benefits. Allows the Secretary to consider even a relatively small risk of a serious adverse health effect to be unreasonable.
Directs the Secretary, acting through the Commissioner of Food and Drugs, to carry out dietary supplement education programs for health care professionals and consumers. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Finance Reform and
Disclosure Act of 1996''.
SEC. 2. DEFINITIONS.
Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C.
431) is amended by adding at the end the following:
``(20) Election cycle.--The term `election cycle' means--
``(A) in the case of a candidate or the authorized
committees of a candidate, the period beginning on the
day after the date of the most recent general election
for the specific office or seat that the candidate
seeks and ending on the date of the next general
election for that office or seat; and
``(B) in the case of all other persons, the period
beginning on the first day following the date of the
last general election and ending on the date of the
next general election.
``(21) Senate candidate.--The term `Senate candidate' means
a candidate who seeks nomination for election, or election, to
the Senate.
``(22) Campaign expense.--The term `campaign expense' means
an expense that is attributable solely to a bona fide campaign
purpose.
``(23) Inherently personal purpose.--The term `inherently
personal purpose' means a purpose that, by its nature, confers
a personal benefit on a candidate, including a home mortgage
rent or utility payment, clothing purchase, noncampaign
automobile expense, country club membership, vacation, or trip
of a noncampaign nature, household food item, tuition payment,
admission to a sporting event, concert, theater, or other form
of entertainment not associated with a campaign, dues, fees, or
contribution to a health club or recreational facility, and any
other inherently personal living expense as determined under a
regulation issued under section 326.''.
SEC. 3. LIMITATION ON ACCEPTANCE OF OUT-OF-STATE CONTRIBUTIONS BY
SENATE CANDIDATES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following:
``SEC. 324. LIMITATION ON ACCEPTANCE OF OUT-OF-STATE CONTRIBUTIONS BY
SENATE CANDIDATES.
``A Senate candidate and the candidate's authorized committees
shall not accept, during an election cycle, contributions from persons
other than individuals residing in the candidate's State in an amount
exceeding 40 percent of the total amount of contributions accepted
during the election cycle.''.
SEC. 4. LIMITATION ON REIMBURSEMENT FROM CAMPAIGNS FOR CONTRIBUTIONS BY
SENATE CANDIDATES AND IMMEDIATE FAMILIES OF SENATE
CANDIDATES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) (as amended by section 3) is amended by adding at the end
the following:
``SEC. 325. LIMITATION ON REIMBURSEMENT FROM CAMPAIGNS FOR
CONTRIBUTIONS BY SENATE CANDIDATES AND IMMEDIATE FAMILIES
OF SENATE CANDIDATES.
``(a) In General.--The aggregate amount of contributions to an
eligible Senate candidate or the candidate's authorized committees from
the sources described in subsection (b) that may be reimbursed during
an election cycle to the candidate or the candidate's immediate family
shall not exceed $250,000.
``(b) Sources.--A source is described in this subsection if the
source is--
``(1) personal funds of the candidate and members of the
candidate's immediate family; or
``(2) personal loans incurred by the candidate and members
of the candidate's immediate family.
``(c) Indexing.--The $250,000 amount under subsection (a) shall be
increased as of the beginning of each calendar year based on the
increase in the price index determined under section 315(c), except
that the base period shall be calendar year 1996.''.
SEC. 5. RESTRICTION ON USE OF CAMPAIGN FUNDS BY SENATE CANDIDATES FOR
PERSONAL PURPOSES.
(a) Restriction.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) (as amended by section 4) is amended by
adding at the end the following:
``SEC. 326. RESTRICTION ON USE OF CAMPAIGN FUNDS BY SENATE CANDIDATES
FOR PERSONAL PURPOSES.
``(a) Restriction.--A Senate candidate who accepts a contribution--
``(1) shall use the contribution only to pay a legitimate
and verifiable campaign expense; and
``(2) shall not use the contributions to pay any inherently
personal purpose.
``(b) Regulation.--Not later than 90 days after the date of
enactment of this section, the Commission shall issue a regulation
implementing subsection (a).''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall apply to all contributions possessed by a candidate on the date
of enactment of this Act and thereafter.
SEC. 6. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.
Section 3210(a)(6)(A) of title 39, United States Code, is amended
to read as follows:
``(A) A Member of Congress shall not mail any mass
mailing as franked mail during a year in which there
will be an election for the seat held by the Member
during the period between January 1 of that year and
the date of the general election for that Office,
unless the Member has made a public announcement that
the Member will not be a candidate for election to any
Federal office in that year (including the office held
by the Member).''.
SEC. 7. DECREASE IN PAC CONTRIBUTION LIMIT; INDEXING OF LIMITS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended--
(1) in paragraph (2)(A) by striking ``$5,000'' and
inserting ``$1,000''; and
(2) by adding at the end the following:
``(9) Indexing.--The $1,000 amounts under paragraphs (1)(A)
and (2)(A) shall be increased as of the beginning of each
calendar year based on the increase in the price index
determined under subsection (c), except that the base period
shall be calendar year 1996.''.
SEC. 8. RESTRICTION ON ACCEPTANCE OF CONTRIBUTIONS BY POLITICAL PARTY
COMMITTEES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) (as amended by section 5) is amended by adding at the end
the following:
``SEC. 327. RESTRICTION ON ACCEPTANCE OF CONTRIBUTIONS BY POLITICAL
PARTY COMMITTEES.
``It shall be unlawful for a committee of a political party to
accept a contribution on the condition that the contribution be used to
make a contribution to or an expenditure on behalf of a particular
candidate.''.
SEC. 9. UNLIMITED COMMUNICATIONS BETWEEN A POLITICAL PARTY AND MEMBERS
OF THE POLITICAL PARTY.
Section 315(d) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(d)) is amended by adding at the end the following:
``(4)(A) For purposes of applying the limitations under paragraphs
(2) and (3), in determining the amount of expenditures made by a
national committee of a political party or a State committee of a
political party (including any subordinate committee of a State
committee), there shall be excluded any amount spent by the committee
for communications to the extent the communications are made to members
of the political party.
``(B) For purposes of subparagraph (A), an individual shall be
considered to be a `member' of a political party if--
``(i) the individual is registered to vote as a member of
the party;
``(ii) there is a public record that the individual voted
in the primary election of the political party in the most
recent primary election; or
``(iii) the individual has indicated in writing that the
individual is a member of the political party.''.
SEC. 10. PROMOTION OF STATE AND LOCAL PARTY ACTIVITY.
(a) Contributions.--Section 301(8)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
(1) in clause (xiii) by striking ``and'' at the end;
(2) in clause (xiv) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(xv) the payment by a State or local committee of a
political party for--
``(I) the listing of the slate of the political
party's candidates, including the communication of the
slate to the public;
``(II) the mailing of materials for or on behalf of
specific candidates by volunteers (including labeling
envelopes or affixing postage or other indicia to
particular pieces of mail), other than the mailing of
materials to a commercial list;
``(III) conducting a telephone bank for or on
behalf of specific candidates staffed by volunteers; or
``(IV) the distribution of collateral materials
(such as pins, bumper stickers, handbills, brochures,
posters, party tabloids, and yard signs) for or on
behalf of specific candidates (whether by volunteers or
otherwise).''.
(b) Expenditures.--Section 301(9)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(9)(B)) is amended--
(1) in clause (ix) by striking ``and'' at the end;
(2) in clause (x) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(xi) the payment by a State or local committee of a
political party for--
``(I) the listing of the slate of the political
party's candidates, including the communication of the
slate to the public;
``(II) the mailing of materials for or on behalf of
specific candidates by volunteers (including labeling
envelopes or affixing postage or other indicia to
particular pieces of mail), other than the mailing of
materials to a commercial list;
``(III) conducting a telephone bank for or on
behalf of specific candidates staffed by volunteers; or
``(IV) the distribution of collateral materials
(such as pins, bumper stickers, handbills, brochures,
posters, party tabloids, and yard signs) for or on
behalf of specific candidates (whether by volunteers or
otherwise).''.
(c) Conforming Amendments.--(1) Section 301(8)(B)(x) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)(x)) is amended by
striking ``in connection with volunteer activities on behalf of
nominees of such party'' and inserting ``in connection with State or
local activities, other than any payment described in clause (xv)''.
(2) Section 301(9)(B)(viii) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(9)(B)(viii)) is amended by striking ``in connection
with volunteer activities on behalf of nominees of such party'' and
inserting ``in connection with State or local activities, other than
any payment described in clause (xi)''.
SEC. 11. RELIEF OF SMALL PACS FROM REPORTING REQUIREMENTS.
Section 304(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)(1)) is amended by inserting after ``political committee''
the following: ``(except a multicandidate political committee or
separate segregated fund that has not, during an election cycle, as of
any date within the election cycle, accepted contributions or made
expenditures in an aggregate amount exceeding $25,000)''.
SEC. 12. RIGHTS OF EMPLOYEES RELATING TO THE PAYMENT AND USE OF LABOR
ORGANIZATION DUES.
(a) Payment of Dues.--
(1) Rights of employees.--Section 7 of the National Labor
Relations Act (29 U.S.C. 157) is amended by striking
``membership'' and all that follows and inserting the
following: ``the payment to a labor organization of dues or
fees related to collective bargaining, contract administration,
or grievance adjustment necessary to performing the duties of
exclusive representation as a condition of employment as
authorized in section 8(a)(3).''.
(2) Unfair labor practices.--Section 8(a)(3) of the
National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended
by striking ``membership therein'' and inserting ``the payment
to such labor organization of dues or fees related to
collective bargaining, contract administration, or grievance
adjustment necessary to performing the duties of exclusive
representation''.
(b) Requirements for Use of Dues for Certain Purposes.--
(1) Written agreement.--Section 8 of the National Labor
Relations Act (29 U.S.C. 158) is amended by adding at the end
the following:
``(h)(1) An employee subject to an agreement between an employer
and a labor organization requiring the payment of dues or fees to such
organization as authorized in subsection (a)(3) may not be required to
pay to such organization, nor may such organization accept payment of,
any dues or fees not related to collective bargaining, contract
administration, or grievance adjustment necessary to performing the
duties of exclusive representation unless the employee has agreed to
pay such dues or fees in a signed written agreement that shall be
renewed between the first day of September and the first day of October
of each year.
``(2) Such signed written agreement shall include a ratio,
certified by an independent auditor, of the dues or fees related to
collective bargaining, contract administration, or grievance adjustment
necessary to performing the duties of exclusive representation and the
dues or fees related to other purposes.''.
(2) Written assignment.--Section 302(c)(4) of the Labor
Management Relations Act, 1947 (29 U.S.C. 186) is amended by
inserting before the semicolon the following: ``: Provided
further, That no amount may be deducted for dues unrelated to
collective bargaining, contract administration, or grievance
adjustment necessary to performing the duties of exclusive
representation unless a written assignment authorizes such a
deduction''.
(c) Notice to Employees Relating to the Payment and Use of Dues.--
Section 8 of the National Labor Relations Act (29 U.S.C. 158) (as
amended by subsection (b)(1)) is amended by adding at the end the
following:
``(i)(1) An employer shall post a notice that informs the employees
of their rights under section 7 of this Act and clarifies to such
employees that an agreement requiring the payment of dues or fees to a
labor organization as a condition of employment as authorized in
subsection (a)(3) may only require that employees pay to such
organization any dues or fees related to collective bargaining,
contract administration, or grievance adjustment necessary to
performing the duties of exclusive representation. A copy of such
notice shall be provided to each employee not later than 10 days after
the first day of employment.
``(2) The notice described in paragraph (1) shall be of such size
and in such form as the Board shall prescribe and shall be posted in
conspicuous places in and about the plants and offices of such
employer, including all places where notices to employees are
customarily posted.''.
(d) Employee Participation in the Affairs of a Labor
Organization.--Section 8(b)(1) of the National Labor Relations Act (29
U.S.C. 158(b)(1)) is amended by striking ``therein;'' and inserting the
following: ``therein, except that, an employee who is subject to an
agreement between an employer and a labor organization requiring as a
condition of employment the payment of dues or fees to such
organization as authorized in subsection (a)(3) and who pays such dues
or fees shall have the same right to participate in the affairs of the
organization related to collective bargaining, contract administration,
or grievance adjustment as any member of the organization;''.
(e) Disclosure to Employees.--
(1) Expenses reporting.--Section 201(b) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C.
431(b)) is amended by adding at the end the following: ``Every
labor organization shall be required to attribute and report
expenses by function classification in such detail as necessary
to allow the members of such organization or the employees
required to pay any dues or fees to such organization to
determine whether such expenses were related to collective
bargaining, contract administration, or grievance adjustment
necessary to performing the duties of exclusive representation
or were related to other purposes.''.
(2) Report information.--Section 201(c) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C.
431(c)) is amended--
(A) by inserting ``and employees required to pay
any dues or fees to such organization'' after
``members'';
(B) by striking ``suit of any member of such
organization'' and inserting ``suit of any member of
such organization or employee required to pay any dues
or fees to such organization''; and
(C) by striking ``such member'' and inserting
``such member or employee''.
(3) Regulations.--The Secretary of Labor shall prescribe
such regulations as are necessary to carry out the amendments
made by this subsection not later than 120 days after the date
of enactment of this Act.
(f) Effective Date.--This section shall take effect on the date of
enactment of this Act, except that the requirements contained in the
amendments made by subsections (b) and (c) shall take effect 60 days
after the date of enactment of this Act.
SEC. 13. EXPEDITED JUDICIAL REVIEW.
(a) Civil Action.--The Federal Election Commission, a political
committee under title III of the Federal Election Campaign Act of 1971,
or any individual eligible to vote in any election for the office of
President of the United States may bring a civil action in United
States district court to determine the constitutionality of any
provision of this Act or any amendment made by this Act.
(b) Hearing by 3-Judge Court.--Immediately upon commencement of a
civil action under subsection (a), a district court of 3 judges shall
be convened to decide the action pursuant to section 2284 of title 28,
United States Code.
(c) Direct Appeal to Supreme Court.--An appeal of an interlocutory
order or final judgment, decree, or order in a civil action under
subsection (a) may be taken directly to the Supreme Court not later
than 20 days after the entry of the judgment, decree, or order.
(d) Expedited Review by Supreme Court.--The Supreme Court shall
accept jurisdiction over, advance on the docket, and expedite to the
greatest extent possible an appeal under subsection (c). | Campaign Finance Reform and Disclosure Act of 1996 - Amends the Federal Election Campaign Act of 1971 to limit acceptance of out-of-State contributions by Senate candidates.
Limits reimbursement from campaigns for contributions by Senate candidates and the immediate families of Senate candidates. Restricts the use of campaign funds by Senate candidates for personal purposes.
Limits congressional use of the franking privilege during a year in which there will be an election for the seat held by the member unless the member makes a public announcement that the Member will not be a candidate for election to any Federal office in that year.
Decreases and indexes the PAC contribution limit.
Restricts the acceptance of contributions by political party committees.
Exempts communications between a political party and members of the political party from specified spending limitations.
Excludes from the definition of contribution State or local political party committee payments for certain State and local activities.
Excepts from receipt and disbursement reporting requirements PACs which have accepted contributions or made expenditures aggregating less than $25,000 during an election cycle.
Amends the National Labor Relations Act to revise the rights of employees relating to the payment and use of labor organization dues.
Provides for expedited Supreme Court review of constitutional issues of this Act or any amendment made by this Act. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle East Peace Facilitation Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Palestine Liberation Organization has recognized the
State of Israel's right to exist in peace and security; accepted
United Nations Security Council resolutions 242 and 338; committed
itself to the peace process and peaceful coexistence with Israel,
free from violence and all other acts which endanger peace and
stability; and assumed responsibility over all Palestine Liberation
Organization elements and personnel in order to assure their
compliance, prevent violations, and discipline violators;
(2) Israel has recognized the Palestine Liberation Organization
as the representative of the Palestinian people;
(3) Israel and the Palestine Liberation Organization signed a
Declaration of Principles on Interim Self-Government Arrangements on
September 13, 1993, at the White House;
(4) the United States has resumed a bilateral dialogue with the
Palestine Liberation Organization; and
(5) in order to implement the Declaration of Principles on
Interim Self-Government Arrangements and facilitate the Middle East
peace process, the President has requested flexibility to suspend
certain provisions of law pertaining to the Palestine Liberation
Organization.
SEC. 3. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.
(a) In General.--Subject to subsection (b), the President may
suspend any provision of law specified in subsection (d). Any such
suspension shall cease to be effective on January 1, 1994, or such
earlier date as the President may specify.
(b) Conditions.--
(1) Consultation.--Before exercising the authority provided in
subsection (a), the President shall consult with the relevant
congressional committees.
(2) Presidential certification.--The President may exercise the
authority provided in subsection (a) only if the President certifies
to the relevant congressional committees that--
(A) it is in the national interest of the United States to
exercise such authority; and
(B) the Palestine Liberation Organization continues to abide
by all the commitments described in paragraph (4).
(3) Requirement for continuing plo compliance.--Any suspension
under subsection (a) of a provision of law specified in subsection
(d) shall cease to be effective if the President certifies to the
relevant congressional committees that the Palestine Liberation
Organization has not continued to abide by all the commitments
described in paragraph (4).
(4) PLO commitments described.--The commitments referred to in
paragraphs (2) and (3) are the commitments made by the Palestine
Liberation Organization--
(A) in its letter of September 9, 1993, to the Prime
Minister of Israel;
(B) in its letter of September 9, 1993, to the Foreign
Minister of Norway; and
(C) in, and resulting from the implementation of, the
Declaration of Principles on Interim Self-Government
Arrangements signed on September 13, 1993.
(c) Expectation of Congress Regarding Any Extension of Presidential
Authority.--The Congress expects that any extension of the authority
provided to the President in subsection (a) will be conditional on the
Palestine Liberation Organization--
(1) renouncing the Arab League boycott of Israel;
(2) urging the nations of the Arab League to end the Arab League
boycott of Israel; and
(3) cooperating with efforts undertaken by the President of the
United States to end the Arab League boycott of Israel.
(d) Provisions That May Be Suspended.--The provisions that may be
suspended under the authority of subsection (a) are the following:
(1) Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C.
2227) as it applies with respect to the Palestine Liberation
Organization or entities associated with it.
(2) Section 114 of the Department of State Authorization Act,
Fiscal Years 1984 and 1985 (22 U.S.C. 287e note) as it applies with
respect to the Palestine Liberation Organization or entities
associated with it.
(3) Section 1003 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C.
286w) as it applies to the granting to the Palestine Liberation
Organization of observer status or other official status at any
meeting sponsored by or associated with the International Monetary
Fund. As used in this paragraph, the term ``other official status''
does not include membership in the International Monetary Fund.
(e) Relation to Other Authorities.--This section supersedes section
578 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1994 (Public Law 103-87).
(f) Relevant Congressional Committees Defined.--As used in this
section, the term ``relevant congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on Banking,
Finance and Urban Affairs, and the Committee on Appropriations of
the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Middle East Peace Facilitation Act of 1993 - Grants the President the authority to suspend specified provisions of law which prohibit foreign and United Nations assistance to the Palestine Liberation Organization (PLO), the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; and (2) the PLO continues to abide by commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993. Makes such suspensions effective until January 1, 1994, or an earlier date specified by the President.
Declares that the Congress expects that any extension of the President's authority will be conditional on the PLO: (1) renouncing the Arab League boycott of Israel; and (2) urging the Arab League, and cooperating with efforts by the President, to end such boycott.
Provides that this Act supersedes similar provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jupiter Inlet Lighthouse Outstanding
Natural Area Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Lighthouse.--The term ``Lighthouse'' means the Jupiter
Inlet Lighthouse located in Palm Beach County, Florida.
(3) Local partners.--The term ``Local Partners'' includes--
(A) Palm Beach County, Florida;
(B) the Town of Jupiter, Florida;
(C) the Village of Tequesta, Florida; and
(D) the Loxahatchee River Historical Society.
(4) Management plan.--The term ``management plan'' means
the management plan developed under section 4(a).
(5) Map.--The term ``map'' means the map entitled ``Jupiter
Inlet Lighthouse: Outstanding Natural Area'' and dated October
29, 2007.
(6) Outstanding natural area.--The term ``Outstanding
Natural Area'' means the Jupiter Inlet Lighthouse Outstanding
Natural Area established by section 3(a).
(7) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(e)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Florida.
SEC. 3. ESTABLISHMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING
NATURAL AREA.
(a) Establishment.--Subject to valid existing rights, there is
established for the purposes described in subsection (b) the Jupiter
Inlet Lighthouse Outstanding Natural Area, the boundaries of which are
depicted on the map.
(b) Purposes.--The purposes of the Outstanding Natural Area are to
protect, conserve, and enhance the unique and nationally important
historic, natural, cultural, scientific, educational, scenic, and
recreational values of the Federal land surrounding the Lighthouse for
the benefit of present generations and future generations of people in
the United States, while--
(1) allowing certain recreational and research activities
to continue in the Outstanding Natural Area; and
(2) ensuring that Coast Guard operations and activities are
unimpeded within the boundaries of the Outstanding Natural
Area.
(c) Availability of Map.--The map shall be on file and available
for public inspection in--
(1) the Office of the Director of the Bureau of Land
Management; and
(2) the Eastern States Office of the Bureau of Land
Management in the State of Virginia.
(d) Withdrawal.--
(1) In general.--Subject to valid existing rights, section
6, and any existing withdrawals under the Executive orders and
public land order described in paragraph (2), the Federal land
and any interests in the Federal land included in the
Outstanding Natural Area are withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the public
land mining laws; and
(C) operation of the mineral leasing and geothermal
leasing laws and the mineral materials laws.
(2) Description of executive orders.--The Executive orders
and public land order described in paragraph (1) are--
(A) the Executive order dated October 22, 1854;
(B) Executive Order No. 4254 (June 12, 1925); and
(C) Public Land Order No. 7202 (61 Fed. Reg.
29758).
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the Commandant, shall
develop a comprehensive management plan in accordance with section 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712)
to--
(1) provide long-term management guidance for the public
land in the Outstanding Natural Area; and
(2) ensure that the Outstanding Natural Area fulfills the
purposes for which the Outstanding Natural Area is established.
(b) Consultation; Public Participation.--The management plan shall
be developed--
(1) in consultation with appropriate Federal, State,
county, and local government agencies, the Commandant, the
Local Partners, the Loxahatchee River Historical Society, and
other partners; and
(2) in a manner that ensures full public participation.
(c) Existing Plans.--The management plan shall, to the maximum
extent practicable, be consistent with existing resource plans,
policies, and programs.
(d) Inclusions.--The management plan shall include--
(1) objectives and provisions to ensure--
(A) the protection and conservation of the resource
values of the Outstanding Natural Area; and
(B) the restoration of native plant communities and
estuaries in the Outstanding Natural Area, with an
emphasis on the conservation and enhancement of
healthy, functioning ecological systems in perpetuity;
(2) objectives and provisions to maintain or recreate
historic structures;
(3) an implementation plan for a program of interpretation
and public education about the natural and cultural resources
of the Lighthouse, the public land surrounding the Lighthouse,
and associated structures;
(4) a proposal for administrative and public facilities to
be developed or improved that--
(A) are compatible with achieving the resource
objectives for the Outstanding Natural Area described
in section 5(a)(1)(B); and
(B) would accommodate visitors to the Outstanding
Natural Area;
(5) natural and cultural resource management strategies for
the Outstanding Natural Area, to be developed in consultation
with appropriate departments of the State, the Local Partners,
and the Commandant, with an emphasis on resource conservation
in the Outstanding Natural Area and the interpretive,
educational, and long-term scientific uses of the resources;
and
(6) recreational use strategies for the Outstanding Natural
Area, to be prepared in consultation with the Local Partners,
appropriate departments of the State, and the Coast Guard, with
an emphasis on passive recreation.
(e) Interim Plan.--Until a management plan is adopted for the
Outstanding Natural Area, the Jupiter Inlet Coordinated Resource
Management Plan (including any updates or amendments to the Jupiter
Inlet Coordinated Resource Management Plan) shall be in effect.
SEC. 5. MANAGEMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL
AREA.
(a) Management.--
(1) In general.--The Secretary, in consultation with the
Local Partners and the Commandant, shall manage the Outstanding
Natural Area--
(A) as part of the National Landscape Conservation
System; and
(B) in a manner that conserves, protects, and
enhances the unique and nationally important
historical, natural, cultural, scientific, educational,
scenic, and recreational values of the Outstanding
Natural Area, including an emphasis on the restoration
of native ecological systems.
(2) Limitation.--In managing the Outstanding Natural Area,
the Secretary shall not take any action that precludes,
prohibits, or otherwise affects the conduct of ongoing or
future Coast Guard operations or activities on lots 16 and 18,
as depicted on the map.
(b) Uses.--Subject to valid existing rights and section 6, the
Secretary shall only allow uses of the Outstanding Natural Area that
the Secretary, in consultation with the Commandant and Local Partners,
determines would likely further--
(1) the purposes for which the Outstanding Natural Area is
established;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) other applicable laws.
(c) Cooperative Agreements.--To facilitate implementation of the
management plan and to continue the successful partnerships with local
communities and other partners, the Secretary shall, in accordance with
section 307(b) of the Federal Land Management Policy and Management Act
of 1976 (43 U.S.C. 1737(b)), enter into cooperative agreements with the
appropriate Federal, State, county, other local government agencies,
and other partners (including the Loxahatchee River Historical Society)
for the long-term management of the Outstanding Natural Area.
(d) Research Activities.--To continue successful research
partnerships, pursue future research partnerships, and assist in the
development and implementation of the management plan, the Secretary
may, in accordance with section 307(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1737(a)), authorize the conduct of
appropriate research activities in the Outstanding Natural Area for the
purposes described in section 3(b).
(e) Acquisition of Land.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire for inclusion in the Outstanding Natural Area any
State or private land or any interest in State or private land
that is--
(A) adjacent to the Outstanding Natural Area; and
(B) identified in the management plan as
appropriate for acquisition.
(2) Means of acquisition.--Land or an interest in land may
be acquired under paragraph (1) only by--
(A) donation;
(B) exchange with a willing party; or
(C) purchase from a willing seller.
(3) Additions to the outstanding natural area.--Any land or
interest in land adjacent to the Outstanding Natural Area
acquired by the United States after the date of enactment of
this Act under paragraph (1) shall be added to, and
administered as part of, the Outstanding Natural Area.
(f) Law Enforcement Activities.--Nothing in this Act, the
management plan, or the Jupiter Inlet Coordinated Resource Management
Plan (including any updates or amendments to the Jupiter Inlet
Coordinated Resource Management Plan) precludes, prohibits, or
otherwise affects--
(1) any maritime security, maritime safety, or
environmental protection mission or activity of the Coast
Guard;
(2) any border security operation or law enforcement
activity by the Department of Homeland Security or the
Department of Justice; or
(3) any law enforcement activity of any Federal, State, or
local law enforcement agency in the Outstanding Natural Area.
(g) Future Disposition of Coast Guard Facilities.--If the
Commandant determines, after the date of enactment of this Act, that
Coast Guard facilities within the Outstanding Natural Area exceed the
needs of the Coast Guard, the Commandant may relinquish the facilities
to the Secretary without removal, subject only to any environmental
remediation that may be required by law.
SEC. 6. EFFECT ON ONGOING AND FUTURE COAST GUARD OPERATIONS.
Nothing in this Act, the management plan, or the Jupiter Inlet
Coordinated Resource Management Plan (including updates or amendments
to the Jupiter Inlet Coordinated Resource Management Plan) precludes,
prohibits, or otherwise affects ongoing or future Coast Guard
operations or activities in the Outstanding Natural Area, including--
(1) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
Coast Guard High Frequency antenna site on lot 16;
(2) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
military family housing area on lot 18;
(3) the continued and future use of, access to, maintenance
of, and, as may be necessitated for Coast Guard missions, the
expansion, enhancement, or replacement of, the pier on lot 18;
(4) the existing lease of the Jupiter Inlet Lighthouse on
lot 18 from the Coast Guard to the Loxahatchee River Historical
Society; or
(5) any easements or other less-than-fee interests in
property appurtenant to existing Coast Guard facilities on lots
16 and 18.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the House of Representatives March 4, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | Jupiter Inlet Lighthouse Outstanding Natural Area Act of 2008 - Establishes the Jupiter Inlet Lighthouse Outstanding Natural Area in Palm Beach County, Florida.
Withdraws the federal lands and interests in such land included within the Outstanding Natural Area 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 of the mineral leasing and geothermal leasing laws and the mineral materials laws. Revokes certain Executive Orders and a certain public land order.
Directs the Secretary of the Interior, in consultation with the Commandant of the Coast Guard, to: (1) develop a comprehensive management plan to provide long-term management guidance for the public land in the Outstanding Natural Area; and (2) ensure that the Outstanding Natural Area fulfills the purposes for which it is established.
Requires the Secretary to: (1) manage the Outstanding Natural Area as part of the National Landscape Conservation System; and (2) in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an emphasis on the restoration of native ecological systems.
Authorizes the Secretary to: (1) enter into cooperative agreements with federal, state, county, other local government agencies, and other partners (including the Loxahatchee River Historical Society) for the long-term management of the Outstanding Natural Area; and (2) acquire for inclusion in the Outstanding Natural Area any state or private land or any interest in state or private land that is adjacent to the Outstanding Natural Area and identified in the management plan as appropriate for acquisition.
Prohibits restrictions on specified law enforcement activities and ongoing and future Coast Guard operations in the Outstanding Natural Area.
Authorizes appropriations. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alicia Dawn Koehl Respect for
National Cemeteries Act''.
SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SECRETARY OF VETERANS
AFFAIRS OR SECRETARY OF THE ARMY TO INTER THE REMAINS OR HONOR THE
MEMORY OF A PERSON IN A NATIONAL CEMETERY.
(a) Authority To Reconsider Prior Decisions.--Section 2411 of title
38, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d)(1) In a case described in subsection (e), the appropriate
Federal official may reconsider a decision to--
``(A) inter the remains of a person in a cemetery in the
National Cemetery Administration or in Arlington National Cemetery;
or
``(B) honor the memory of a person in a memorial area in a
cemetery in the National Cemetery Administration (described in
section 2403(a) of this title) or in such an area in Arlington
National Cemetery (described in section 2409(a) of this title).
``(2)(A)(i) In a case described in subsection (e)(1)(A), the
appropriate Federal official shall provide notice to the deceased
person's next of kin or other person authorized to arrange burial or
memorialization of the deceased person of the decision of the
appropriate Federal official to disinter the remains of the deceased
person or to remove a memorial headstone or marker memorializing the
deceased person.
``(ii) In a case described in subsection (e)(1)(B), if the
appropriate Federal official finds, based upon a showing of clear and
convincing evidence and after an opportunity for a hearing in a manner
prescribed by the appropriate Federal official, that the person had
committed a Federal capital crime or a State capital crime but had not
been convicted of such crime by reason of such person not being
available for trial due to death or flight to avoid prosecution, the
appropriate Federal official shall provide notice to the deceased
person's next of kin or other person authorized to arrange burial or
memorialization of the deceased person of the decision of the
appropriate Federal official to disinter the remains of the deceased
person or to remove a memorial headstone or marker memorializing the
deceased person.
``(B) Notice under subparagraph (A) shall be provided by the
appropriate Federal official as follows:
``(i) By the Secretary in accordance with section 5104 of this
title.
``(ii) By the Secretary of Defense in accordance with such
regulations as the Secretary of Defense shall prescribe for
purposes of this subsection.
``(3)(A) Notwithstanding any other provision of law, the next of
kin or other person authorized to arrange burial or memorialization of
the deceased person shall be allowed a period of 60 days from the date
of the notice required by paragraph (2) to file a notice of
disagreement with the Federal official that provided the notice.
``(B)(i) A notice of disagreement filed with the Secretary under
subparagraph (A) shall be treated as a notice of disagreement filed
under section 7105 of this title and shall initiate appellate review in
accordance with the provisions of chapter 71 of this title.
``(ii) A notice of disagreement filed with the Secretary of Defense
under subparagraph (A) shall be decided in accordance with such
regulations as the Secretary of Defense shall prescribe for purposes of
this subsection.
``(4) When the decision of the appropriate Federal official to
disinter the remains or remove a memorial headstone or marker of the
deceased person becomes final either by failure to appeal the decision
in accordance with paragraph (3)(A) or by final disposition of the
appeal pursuant to paragraph (3)(B), the appropriate Federal official
may take any of the following actions:
``(A) Disinter the remains of the person from the cemetery in
the National Cemetery Administration or in Arlington National
Cemetery and provide for the reburial or other appropriate
disposition of the disinterred remains in a place other than a
cemetery in the National Cemetery Administration or in Arlington
National Cemetery.
``(B) Remove from a memorial area in a cemetery in the National
Cemetery Administration or in Arlington National Cemetery any
memorial headstone or marker placed to honor the memory of the
person.
``(e)(1) A case described in this subsection is a case in which the
appropriate federal official receives--
``(A) written notice of a conviction referred to in subsection
(b)(1), (b)(2), or (b)(4) of a person described in paragraph (2);
or
``(B) information that a person described in paragraph (2) may
have committed a Federal capital crime or a State capital crime but
was not convicted of such crime by reason of such person not being
available for trial due to death or flight to avoid prosecution.
``(2) A person described in this paragraph is a person--
``(A) whose remains have been interred in a cemetery in the
National Cemetery Administration or in Arlington National Cemetery;
or
``(B) whose memory has been honored in a memorial area in a
cemetery in the National Cemetery Administration or in such an area
in Arlington National Cemetery.''.
(b) Modification of Exception To Interment or Memorialization
Prohibition.--Subsection (a)(2) of such section is amended by striking
``such official approves an application for''.
(c) Applicability.--The amendments made by this section shall apply
with respect to any interment or memorialization conducted by the
Secretary of Veterans Affairs or the Secretary of the Army in a
cemetery in the National Cemetery Administration or in Arlington
National Cemetery after the date of the enactment of this Act.
SEC. 3. DISINTERMENT OF REMAINS OF MICHAEL LASHAWN ANDERSON FROM FORT
CUSTER NATIONAL CEMETERY.
(a) Disinterment of Remains.--The Secretary of Veterans Affairs
shall disinter the remains of Michael LaShawn Anderson from Fort Custer
National Cemetery.
(b) Notification of Next-of-Kin.--The Secretary of Veterans Affairs
shall--
(1) notify the next-of-kin of record for Michael LaShawn
Anderson of the impending disinterment of his remains; and
(2) upon disinterment, relinquish the remains to the next-of-
kin of record for Michael LaShawn Anderson or, if the next-of-kin
of record for Michael LaShawn Anderson is unavailable, arrange for
an appropriate disposition of the remains.
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 November 18, 2013. Alicia Dawn Koehl Respect for National Cemeteries Act - Authorizes the appropriate federal official (either the Secretary of Veterans Affairs [VA] or the Secretary of the Army) to reconsider a decision to inter or honor the memory of a person in the National Cemetery Administration or in Arlington National Cemetery upon receiving information that such person may have committed a federal or state capital crime but was not convicted by reason of unavailability for trial due to death or flight to avoid prosecution. Requires such official, upon finding, after an opportunity for a hearing, that the person committed but was not convicted of such crime, to provide notice to the individual's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision to disinter such person's remains or remove a memorial headstone or marker. Allows such next of kin or other person 60 days to file a notice of disagreement, which shall initiate appellate review. Authorizes the appropriate federal official, when a decision becomes final, to disinter the remains or remove the memorial headstone or marker. Modifies the exception to the prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of a person convicted of a federal or state capital crime to require receipt of written notice of a conviction before interment or memorialization takes place (currently, receipt of such notice is required before the appropriate federal official approves an application for interment or memorialization). Directs the Secretary of Veterans Affairs: (1) to disinter the remains of Michael LaShawn Anderson from Fort Custer National Cemetery (Michigan); (2) to notify his next of kin of the impending disinterment; and (3) upon disinterment, to relinquish the remains to the next of kin or, if the next of kin of record is unavailable, arrange for the appropriate disposition of the remains. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability for Business Choices
in Iran Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Islamic Republic of Iran is a party to the Treaty
on the Non-Proliferation of Nuclear Weapons (NPT) and a member
of the International Atomic Energy Agency (IAEA).
(2) Since 1987, successive United States administrations
have issued executive orders to ban imports of Iranian-origin
goods and services, participation of United States persons or
entities in the development of Iran's energy sector and
investment by and in Iranian banks in order to address the
unusual and extraordinary threat to the national security,
foreign policy and economy of the United States posed by an
Iranian nuclear weapons program.
(3) On August 5, 1996, the Iran and Libya Sanctions Act was
signed into law. In 2006, the title of this law was changed to
the Iran Sanctions Act (ISA). The ISA notes that ``the efforts
of the Government of Iran to acquire weapons of mass
destruction and the means to deliver them and its support of
acts of international terrorism endanger the national security
and foreign policy interests of the United States and those
countries with which the United States shares common strategic
and foreign policy objectives,'' and therefore requires the
President to sanction United States and foreign companies if
the President determines that such companies have invested in
Iran's petroleum or natural gas sectors.
(4) On March 14, 2000, the Iran Nonproliferation Act was
signed into law, ``to provide for the application of measures
to foreign persons who transfer to Iran certain goods,
services, or technology, and for other purposes.''.
(5) On September 30, 2006, the Iran Freedom Support Act
(IFSA) was signed into law ``to hold the current regime in Iran
accountable for its threatening behavior'' and recommended that
the President initiate investigations upon the receipt of
credible information that a United States or foreign person is
investing in Iran's petroleum or natural gas sector in
violation of the ISA. The IFSA extended the ISA until December
31, 2011.
(6) In response to its ``serious concern'' over Iran's
nuclear program, the United Nations Security Council (UNSC) has
passed several resolutions calling on Iran to halt its uranium
enrichment and reprocessing activities and instituting rounds
of sanctions on Iran, taking all necessary measures to prevent
the supply of certain goods or technologies that could
contribute to Iran's uranium enrichment, reprocessing, or heavy
water-related activities, or to the development of a nuclear
weapon.
(7) Iran is in violation of these UNSC resolutions.
(8) Effective November 10, 2008, the Department of the
Treasury's Office of Foreign Assets Control (OFAC) revoked
authorization for ``U-turn'' transfers involving Iran. As of
that date, United States depository institutions are no longer
authorized to process transfers involving Iran that originate
and end with non-Iranian foreign banks.
(9) According to a June 5, 2009, IAEA report, Iran ``has
not suspended its enrichment related activities or its work on
heavy water related projects as required by the Security
Council,'' nor has Iran ``cooperated with the [IAEA] in
connection with the remaining issues which give rise to
concerns and which need to be clarified to exclude the
possibility of military dimensions to Iran's nuclear
programme.''.
(10) On September 25, 2009, President Obama, British Prime
Minister Brown, and French President Sarkozy revealed that Iran
has been covertly enriching uranium in Qom, Iran.
(11) Iran had concealed the existence and purpose of the
Qom facility, and had not disclosed the Qom enrichment facility
to the IAEA until September 21, 2009.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the illicit nuclear activities of the Government of
Iran--combined with its development of unconventional weapons
and ballistic missiles, and support for international
terrorism--represent a serious threat to the security of the
United States and United States allies in Europe, the Middle
East, and around the world;
(2) the United States should continue to support diplomatic
efforts in the International Atomic Energy Agency and the
United Nations Security Council (UNSC) to end Iran's illicit
nuclear activities;
(3) the United Nations Security Council should take further
measures beyond UNSC Resolutions 1737, 1747, 1803, and 1835 to
tighten sanctions on Iran, including preventing new investment
in Iran's energy sector, as long as Iran fails to comply with
the international community's demand to halt its nuclear
enrichment campaign;
(4) the United States should take all possible measures to
discourage and, if possible, prevent foreign banks from
providing export credits to foreign entities seeking to invest
in the Iranian energy sector;
(5) the United States should encourage foreign governments
to direct state-owned entities to cease all investment in
Iran's energy sector and all exports of refined petroleum
products to Iran and to persuade, and, where possible, require
private entities based in their territories to cease all
investment in Iran's energy sector and all exports of refined
petroleum products to Iran;
(6) moderate Arab countries have a vital and perhaps
existential interest in preventing Iran from acquiring nuclear
arms, and therefore such countries, particularly countries with
large oil deposits, should use their economic leverage to
dissuade other countries, including the Russian Federation and
the People's Republic of China, from assisting Iran's nuclear
program directly or indirectly and to persuade other countries,
including Russia and China, to be more forthcoming in
supporting UNSC efforts to halt Iran's nuclear program;
(7) with Iran's economy weakened, effective economic
measures to isolate the regime may make the difference between
a diplomatic resolution and a nuclear standoff;
(8) to make a diplomatic solution possible, international
firms doing business in Iran should not continue to provide the
last crutch of support to the Iranian economy; and
(9) this Act seeks to prohibit those entities that do
business with the United States from doing business with Iran.
SEC. 4. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.
(a) Certification Requirement.--The head of each executive agency
shall ensure that each contract with a company entered into by such
executive agency for the procurement of goods or services or agreement
for the use of Federal funds as part of a grant, loan, or loan
guarantee to a company, includes a clause that requires the company to
certify to the contracting officer that the company does not conduct
business operations in Iran described in section 7.
(b) Remedies.--
(1) In general.--The head of an executive agency may impose
remedies as provided in this subsection if the head of the
executive agency determines that the contractor has submitted a
false certification under subsection (a) after the date the
Federal Acquisition Regulation is revised pursuant to
subsection (e) to implement the requirements of this section.
(2) Termination.--The head of an executive agency may
terminate a covered contract with a company upon the
determination of a false certification under paragraph (1).
(3) Suspension and debarment.--The head of an executive
agency may debar or suspend a contractor from eligibility for
Federal contracts upon the determination of a false
certification under paragraph (1). The debarment period may not
exceed 3 years.
(4) Inclusion on list of parties excluded from federal
procurement and nonprocurement programs.--The Administrator of
General Services shall include on the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs maintained
by the Administrator under part 9 of the Federal Acquisition
Regulation issued under section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421) each contractor that is
debarred, suspended, proposed for debarment or suspension, or
declared ineligible by the head of an executive agency on the
basis of a determination of a false certification under
paragraph (1).
(5) Rule of construction.--This section shall not be
construed to limit the use of other remedies available to the
head of an executive agency or any other official of the
Federal Government on the basis of a determination of a false
certification under paragraph (1).
(c) Waiver.--
(1) In general.--The President may waive the requirement of
subsection (a) on a case-by-case basis if the President
determines and certifies in writing to the appropriate
congressional committees that it is in the national interest to
do so.
(2) Reporting requirement.--Not later than 120 days after
the date of the enactment of this Act and semi-annually
thereafter, the Administrator for Federal Procurement Policy
shall submit to the appropriate congressional committees a
report on waivers granted under paragraph (1).
(d) Implementation Through the Federal Acquisition Regulation.--Not
later than 120 days after the date of the enactment of this Act, the
Federal Acquisition Regulation issued pursuant to section 25 of the
Office of Federal Procurement Policy Act (41 U.S.C. 421) shall be
revised to provide for the implementation of the requirements of this
section.
(e) Report.--Not later than one year after the date the Federal
Acquisition Regulation is revised pursuant to subsection (e) to
implement the requirements of this section, the Administrator of
General Services, with the assistance of other executive agencies,
shall submit to the Office of Management and Budget and the appropriate
congressional committees a report on the actions taken under this
section.
SEC. 5. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO PROHIBIT CONTRACTS.
Notwithstanding any other provision of law, a State or local
government may adopt and enforce measures to prohibit the State or
local government, as the case may be, from entering into or renewing a
contract for the procurement of goods or services with persons that are
included pursuant to section 4(b)(4) on the most recently published
list referred to in that section.
SEC. 6. SUNSET.
This Act shall terminate 30 days after the date on which--
(1) the President has certified to Congress that the
Government of Iran has ceased providing support for acts of
international terrorism and no longer satisfies the
requirements for designation as a state-sponsor of terrorism
for purposes of section 6(j) of the Export Administration Act
of 1979, section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, or any other
provision of law; and
(2) Iran has permanently ceased the pursuit, acquisition,
and development of nuclear, biological, and chemical weapons
and missiles.
SEC. 7. DEFINITIONS.
In this Act:
(1) Company.--The term ``company'' means--
(A) a sole proprietorship, organization,
association, corporation, partnership, limited
liability company, venture, or other entity, its
subsidiary or affiliate; and
(B) includes a company owned or controlled, either
directly or indirectly, by the government of a foreign
country, that is established or organized under the
laws of, or has its principal place of business in,
such foreign country and includes United States
subsidiaries of the same.
(2) Affiliate.--The term ``affiliate'' means any individual
or entity that directly or indirectly controls, is controlled
by, or is under common control with, the company, including
without limitation direct and indirect subsidiaries of the
company.
(3) Entity.--The term ``entity'' means a sole
proprietorship, a partnership, limited liability corporation,
association, trust, joint venture, corporation, or other
organization.
(4) Federal funds.--The term ``Federal funds'' means a sum
of money or other resources derived from United States
taxpayers, which the United States Government may provide to
companies through government grants or loans, or through the
terms of a contract with the Federal Government, or through the
Emergency Economic Stabilization Act of 2008 ``Troubled Asset
Relief Program'' or other similar and related transaction
vehicles.
(5) Business operations.--Business operations described in
this Act are business operations that--
(A) provide Iran with refined petroleum resources;
(B) sell, lease, or provide to Iran any goods,
services, or technology that would allow Iran to
maintain or expand its domestic production of refined
petroleum resources, including any assistance in
refinery construction, modernization, or repair;
(C) engage in any activity that could contribute to
the enhancement of Iran's ability to import refined
petroleum resources, including providing ships or
shipping services to deliver refined petroleum
resources to Iran, underwriting or otherwise providing
insurance or reinsurance for such activity, or
financing or brokering such activity;
(D) invest $20,000,000 or more (or any combination
of investments of at least $5,000,000 each, which in
the aggregate equals or exceeds $20,000,000 in any 12-
month period), that directly and significantly
contributes to the enhancement of Iran's ability to
develop petroleum resources of Iran; and
(E) provides sensitive technology to the Government
of Iran.
(6) Government of iran.--The term ``Government of Iran''
includes the Government of Iran, any political subdivision,
agency, or instrumentality thereof, and any person owned or
controlled by, or acting for or on behalf of, the Government of
Iran.
(7) Petroleum resources.--
(A) In general.--The term ``petroleum resources''
includes petroleum, petroleum by-products, oil or
liquefied natural gas, oil or liquefied natural gas
tankers, and products used to construct or maintain
pipelines used to transport oil or compressed or
liquefied natural gas.
(B) Petroleum by-products.--The term ``petroleum
by-products'' means gasoline, kerosene, distillates,
propane or butane gas, diesel fuel, residual fuel oil,
and other goods classified in headings 2709 and 2710 of
the Harmonized Tariff Schedule of the United States.
(8) Sensitive technology.--The term ``sensitive
technology'' means hardware, software, telecommunications
equipment, or any other technology that the President
determines may be used by the Government of Iran--
(A) to restrict the free flow of unbiased
information in Iran; or
(B) to disrupt, monitor, or otherwise restrict
speech by the people of Iran.
(9) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(10) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403). | Accountability for Business Choices in Iran Act - Expresses the sense of Congress that: (1) Iran's illicit nuclear activities as well as development of unconventional weapons and ballistic missiles and support for international terrorism represent a serious threat to the security of the United States and its allies; (2) the United States should continue supporting diplomatic efforts in the International Atomic Energy Agency (IAEA) and the United Nations Security Council (UNSC) to end Iran's illicit nuclear activities; (3) the UNSC should take further measures beyond specified existing UNSC resolutions to tighten sanctions on Iran, including preventing new investment in Iran's energy sector as long as it fails to comply with international demands to halt its nuclear enrichment; and (4) the United States should discourage foreign banks and entities from investing in Iran's energy sector as well as seek to prohibit entities doing business with the United States from doing business with Iran.
Requires the head of each federal agency to ensure that each contract with a company for the procurement of goods and services contains a requirement for the company to certify that it is not conducting business operations in Iran. Defines "business operations" as operations that: (1) provide Iran with refined petroleum resources or technology that could enhance its ability to import or expand its domestic production of such resources; (2) invest $20 million or more in aIran's ability to develop petroleum resources; and (3) provide sensitive technology to Iran.
Authorizes a state or local government to adopt measures to prohibit them from entering into or renewing a contract for the procurement of goods or services with persons included on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
Terminates this Act 30 days after: (1) the President certifies to Congress that Iran has ceased support for acts of international terrorism and is no longer considered a state-sponsor of terrorism; and (2) Iran has permanently ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Restoration Act of 2004''.
SEC. 2. FEDERAL AID IN RESTORATION AND PROTECTION OF SHORES AND
BEACHES.
The first section of the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of publicly owned
property'', approved August 13, 1946 (33 U.S.C. 426e), is amended to
read as follows:
``SECTION 1. FEDERAL AID IN RESTORATION AND PROTECTION OF SHORES AND
BEACHES.
``(a) Declaration of Policy.--
``(1) Policy.--It is the policy of the United States to
promote shore and beach protection projects and related
research that encourages the protection, restoration, and
enhancement of shores, sandy beaches, and other coastal
infrastructure on a comprehensive and coordinated basis by
Federal, State, and local governments and private persons.
``(2) Purposes.--The purposes of this Act are--
``(A) to restore and maintain the shores, beaches,
and other coastal resources of the United States
(including territories and possessions); and
``(B) to promote the healthful recreation of the
people of the United States.
``(3) Priority.--In carrying out this Act, preference shall
be given to areas--
``(A) in which there has been a previous investment
of Federal funds;
``(B) where regional sediment management plans have
been adopted;
``(C) with respect to which the need for prevention
or mitigation of damage to shores, beaches, and other
coastal infrastructure is attributable to Federal
navigation projects or other Federal activities; or
``(D) that promote--
``(i) human health and safety; and
``(ii) the quality of life for individuals
and families.
``(b) Implementation.--The Secretary shall pay the Federal share of
the cost of carrying out shore and beach protection projects and
related research that encourages the protection, restoration, and
enhancement of shores, sandy beaches, and other coastal infrastructure
(including projects for beach restoration, periodic beach nourishment,
and restoration or protection of State, county, or other shores, public
coastal beaches, parks, conservation areas, or other environmental
resources).
``(c) Federal Share.--
``(1) In general.--Subject to paragraphs (2) through (4),
the Federal share of the cost of a project described in
subsection (b) shall be determined in accordance with section
103 of the Water Resources Development Act of 1986 (33 U.S.C.
2213).
``(2) Exception.--In the case of a project for beach
erosion control the primary purpose of which is recreation, the
Federal share shall be equal to the Federal share for a beach
erosion control project the primary purpose of which is storm
damage protection or environmental restoration.
``(3) Remainder.--
``(A) In general.--Subject to subparagraph (B), the
remainder of the cost of the construction of a project
described in subsection (b) shall be paid by a State,
municipality, other political subdivision, nonprofit
entity, or private enterprise.
``(B) Exception.--The Federal Government shall bear
all of the costs incurred for the restoration and
protection of Federal property.
``(4) Greater federal share.--In the case of a project
described in subsection (b) for the restoration and protection
of a State, county, or other publicly-owned shore, coastal
beach, park, conservation area, or other environmental
resource, the Chief of Engineers may increase the Federal share
to be greater than that provided in paragraph (1) if the area--
``(A) includes--
``(i) a zone that excludes permanent human
habitation; or
``(ii) a recreational beach or other area
determined by the Chief of Engineers;
``(B) satisfies adequate criteria for conservation
and development of the natural resources of the
environment; and
``(C) extends landward a sufficient distance to
include, as approved by the Chief of Engineers--
``(i) protective dunes, bluffs, or other
natural features;
``(ii) such other appropriate measures
adopted by the State or political subdivision
of the State to protect uplands areas from
damage, promote public recreation, or protect
environmental resources; or
``(iii) appropriate facilities for public
use.
``(5) Recommendations.--
``(A) In general.--In recommending to Congress
projects for Federal participation, the Secretary shall
recommend projects for the restoration and protection
of shores and beaches that promote equally all national
economic development benefits and purposes,
including recreation, hurricane and storm damage reduction, and
environmental restoration.
``(B) Report.--The Secretary shall--
``(i) identify projects that maximize net
benefits for national purposes; and
``(ii) submit to Congress a report that
describes the findings of the Secretary.
``(d) Periodic Beach Nourishment.--In this Act, when the most
suitable and economical remedial measures, as determined by the Chief
of Engineers, would be provided by periodic beach nourishment, the term
`construction' shall include the deposit of sand fill at suitable
intervals of time to furnish sand supply to protect shores and beaches
for a period of time specified by the Chief of Engineers and authorized
by Congress.
``(e) Private Shores and Beaches.--
``(1) In general.--A shore or beach, other than a public
shore or beach, shall be eligible for Federal assistance under
this Act if--
``(A) there is a benefit to a public shore or
beach, including a benefit from public use or from the
protection of nearby public property; or
``(B) the benefits to the shore or beach are
incidental to the project.
``(2) Federal share.--The Secretary shall adjust the
Federal share of a project for a shore or beach, other than a
public shore or beach, to reflect the benefits described in
paragraph (1).
``(f) Authorization of Projects.--
``(1) In general.--Subject to paragraph (2), no Federal
share shall be provided for a project under this Act unless--
``(A) the plan for that project has been
specifically adopted and authorized by Congress after
investigation and study; or
``(B) in the case of a small project under sections
3 or 5, the plan for that project has been approved by
the Chief of Engineers.
``(2) Studies.--
``(A) In general.--The Secretary shall--
``(i) recommend to Congress studies
concerning shore and beach protection projects
that meet the criteria established under this
Act and other applicable law;
``(ii) conduct such studies as Congress
requests; and
``(iii) report the results of all studies
requested by Congress to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives.
``(B) Recommendations for shore and beach
protection projects.--
``(i) In general.--The Secretary shall--
``(I) recommend to Congress the
authorization or reauthorization of all
shore and beach protection projects the
plans for which have been approved by
the Chief of Engineers; and
``(II) report to Congress on the
feasibility of other projects that have
been studied under subparagraph (A) but
have not been approved by the Chief of
Engineers.
``(ii) Considerations.--In approving a
project plan, the Chief of Engineers shall
consider the economic and ecological benefits
of the shore or beach protection project.
``(C) Coordination of projects.--In conducting
studies and making recommendations for a shore or beach
protection project under this paragraph, the Secretary
shall--
``(i) determine whether there is any other
project being carried out by the Secretary or
other Federal agency that may be complementary
to the shore or beach protection project; and
``(ii) if there is such a complementary
project, undertake efforts to coordinate the
projects.
``(3) Shore and beach protection projects.--
``(A) In general.--The Secretary shall construct
any shore or beach protection project authorized by
Congress, or separable element of such a project, for
which Congress has appropriated funds.
``(B) Agreements.--
``(i) Requirement.--After authorization by
Congress, before the commencement of
construction of a shore or beach protection
project or separable element, the Secretary
shall offer to enter into a written agreement
for the authorized period of Federal
participation in the project with a non-Federal
interest with respect to the project or
separable element.
``(ii) Terms.--The agreement shall--
``(I) specify the authorized period
of Federal participation in the
project; and
``(II) ensure that the Federal
Government and the non-Federal interest
cooperate in carrying out the project
or separable element.
``(g) Extension of the Period of Federal Participation.--At the
request of a non-Federal interest, the Secretary, acting through the
Chief of Engineers and with the approval of Congress, shall extend the
period of Federal participation in a beach nourishment project that is
economically feasible, engineeringly sound, and environmentally
acceptable for such additional period as the Secretary determines
appropriate.
``(h) Special Considerations.--In a case in which funds have been
appropriated to the Corps of Engineers for a specific project but the
funds cannot be expended because of the time limits of environmental
permits or similar environmental considerations, the Secretary may
carry over such funds for use in the next fiscal year if construction
of the project, or a separable element of the project, will cause
minimal environmental damage and will not violate an environmental
permit.''. | Coastal Restoration Act of 2004 - Rewrites provisions regarding the Federal shore protection program to: (1) provide for the protection and restoration of beaches and other coastal infrastructure, as well as shore protection; and (2) include the purpose of promoting recreation.
Includes among areas to be given preference areas: (1) where regional sediment management plans have been adopted; and (2) that promote human health and safety and the quality of life.
Directs the Secretary of the Army to pay the Federal cost share of carrying out shore and beach protection projects and research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure. Sets forth revised provisions regarding the Federal cost share, which shall be equal for beach erosion control projects for purposes of recreation or for storm damage protection or environmental restoration.
Directs the Secretary, at the request of a non-Federal interest and with congressional approval, to extend the period of Federal participation in certain beach nourishment projects. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Return To Home Act of
1999''.
SEC. 2. ENSURING CHOICE FOR SKILLED NURSING FACILITY SERVICES UNDER THE
MEDICARE+CHOICE PROGRAM.
(a) In General.--Section 1852 of the Social Security Act (42 U.S.C.
1395w-22) is amended by adding at the end the following:
``(l) Ensuring Choice of Skilled Nursing Facility Services.--
``(1) Coverage of services provided at a snf located in
enrollee's continuing care retirement community or at a snf in
which enrollee previously resided.--Subject to paragraph (2), a
Medicare+Choice organization may not deny coverage for any
service provided to an enrollee of a Medicare+Choice plan
(offered by such organization) by--
``(A) a skilled nursing facility located within the
continuing care retirement community in which the
enrollee resided prior to being admitted to a hospital;
or
``(B) a skilled nursing facility in which the
enrollee resided immediately prior to being admitted to
a hospital.
The requirement described in the preceding sentence shall apply
whether or not the Medicare+Choice organization has a contract
with such skilled nursing facility to provide such services.
``(2) Required factors.--Paragraph (1) shall not apply
unless the following factors exist:
``(A) The Medicare+Choice organization would be
required to provide reimbursement for the service under
the Medicare+Choice plan in which the individual is
enrolled if the skilled nursing facility was under
contract with the Medicare+Choice organization.
``(B) The individual--
``(i) had a contractual or other right to
return, after hospitalization, to the
continuing care retirement community described
in paragraph (1)(A) or the skilled nursing
facility described in paragraph (1)(B); and
``(ii) elects to receive services from the
skilled nursing facility after the
hospitalization, whether or not, in the case of
a skilled nursing facility described in
paragraph (1)(A), the individual resided in
such facility before entering the hospital.
``(C) The skilled nursing facility has the capacity
to provide the services the individual requires.
``(D) The skilled nursing facility agrees to accept
substantially similar payment under the same terms and
conditions that apply to similarly situated skilled
nursing facilities that are under contract with the
Medicare+Choice organization.
``(3) Coverage of snf services to prevent
hospitalization.--A Medicare+Choice organization may not deny
payment for services provided to an enrollee of a
Medicare+Choice plan (offered by such organization) by a
skilled nursing facility in which the enrollee resides, without
a preceding hospital stay, regardless of whether the
Medicare+Choice organization has a contract with such facility
to provide such services, if--
``(A) the Medicare+Choice organization has
determined that the service is necessary to prevent the
hospitalization of the enrollee; and
``(B) the factors specified in subparagraphs (A),
(C), and (D) of paragraph (2) exist.
``(4) Coverage of services provided in snf where spouse
resides.--A Medicare+Choice organization may not deny payment
for services provided to an enrollee of a Medicare+Choice plan
(offered by such organization) by a skilled nursing facility in
which the enrollee resides, regardless of whether the
Medicare+Choice organization has a contract with such facility
to provide such services, if the spouse of the enrollee is a
resident of such facility and the factors specified in
subparagraphs (A), (C), and (D) of paragraph (2) exist.
``(5) Skilled nursing facility must meet medicare
participation requirements.--This subsection shall not apply
unless the skilled nursing facility involved meets all
applicable participation requirements under this title.
``(6) Prohibitions.--A Medicare+Choice organization
offering a Medicare+Choice plan may not--
``(A) deny to an individual eligibility, or
continued eligibility, to enroll or to renew coverage
under such plan, solely for the purpose of avoiding the
requirements of this subsection;
``(B) provide monetary payments or rebates to
enrollees to encourage such enrollees to accept less
than the minimum protections available under this
subsection;
``(C) penalize or otherwise reduce or limit the
reimbursement of a health care provider or organization
because such provider or organization provided services
to the individual in accordance with this subsection;
or
``(D) provide incentives (monetary or otherwise) to
a health care provider or organization to induce such
provider or organization to provide care to a
participant or beneficiary in a manner inconsistent
with this subsection.
``(7) Cost-sharing.--Nothing in this subsection shall be
construed as preventing a Medicare+Choice organization offering
a Medicare+Choice plan from imposing deductibles, coinsurance,
or other cost-sharing for services covered under this
subsection if such deductibles, coinsurance, or other cost-
sharing would have applied if the skilled nursing facility in
which the enrollee received such services was under contract
with the Medicare+Choice organization.
``(8) Nonpreemption of state law.--The provisions of this
subsection shall not be construed to preempt any provision of
State law that affords greater protections to beneficiaries
with regard to coverage of items and services provided by a
skilled nursing facility than is afforded by such provisions of
this subsection.
``(9) Definitions.--In this subsection:
``(A) Continuing care retirement community.--The
term `continuing care retirement community' means an
organization that provides or arranges for the
provision of housing and health-related services to an
older person under an agreement.
``(B) Skilled nursing facility.--The term `skilled
nursing facility' has the meaning given such term in
section 1819(a).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to contracts entered into or renewed on or after the
date of enactment of this Act. | Medicare Return To Home Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to prohibit a Medicare+Choice organization from denying coverage for services provided by a skilled nursing facility (SNF) in which the enrollee resided immediately before admission to a hospital, or located within the continuing care retirement community in which the enrollee resided immediately before admission to a hospital. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Composites Development Act
of 2011''.
SEC. 2. ADVANCED COMPOSITES DEVELOPMENT CENTERS.
(a) Establishment of Program.--
(1) In general.--The Secretary of Transportation, the
Secretary of Energy, the Secretary of Defense, and the
Secretary of Homeland Security shall carry out a program to
improve our Nation's transportation infrastructure, advance the
technologies used to produce alternative energy, enhance our
military security, and develop new disaster mitigation systems
by making grants to consortia to establish and operate Advanced
Composites Development Centers. In doing so, they shall work
with stakeholders to identify problems that can be solved over
a period of 5 years through the development of an advanced
composite material. By working with the private sector and
focusing on solutions to problems that can be researched,
developed, and demonstrated over a short period of time, each
Center will strive to produce new composite materials that are
lighter, stronger, and more durable than existing materials and
have an immediate practical application.
(2) Designation of centers.--The Centers shall be
designated as follows:
(A) The Secretary of Transportation shall designate
1 Center for the development of advanced composites in
civil infrastructure and transportation.
(B) The Secretary of Energy shall designate 1
Center for the development of advanced composites in
energy technology.
(C) The Secretary of Defense shall designate 1
Center for the development of advanced composites in
military operations.
(D) The Secretary of Homeland Security shall
designate 1 Center for the development of advanced
composites in disaster prevention and response.
(E) Any 2 or more of the Secretaries described in
subparagraphs (A) through (D) may work together to
explore opportunities to designate a single Center that
addresses issues of importance to the Departments of
each such Secretary.
(3) Additional collaboration.--Each Secretary designating a
Center under paragraph (2) may include reviewers from the
Director of the National Institute of Standards and Technology
and the Director of the National Science Foundation to leverage
work that has been done at facilities supported by each of
those agencies.
(b) Consortia.--
(1) Eligibility.--To be eligible to receive a grant under
this section for the establishment and operation of a Center, a
consortium shall--
(A) be composed of qualifying entities, including
at least 1 prime applicant and 1 private company;
(B) operate subject to a binding agreement entered
into by its members that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the Center;
(ii) measures to enable cost-effective
implementation of the program under this
section;
(iii) a proposed budget, including
financial contributions from non-Federal
sources;
(iv) conflict of interest procedures
consistent with subsection (d)(2), all known
material conflicts of interest, and
corresponding mitigation plans; and
(v) an accounting structure that enables
the Secretary to ensure that the consortium has
complied with the requirements of this section;
and
(C) operate as a nonprofit organization.
(2) Application.--A consortium seeking to establish and
operate a Center under this section, acting through a prime
applicant, shall transmit to the Secretary an application at
such time, in such form, and accompanied by such information as
the Secretary shall require, including a detailed description
of the elements of the consortium agreement required under
paragraph (1)(B). If the consortium members will not be located
at one centralized location, such application shall include a
communications plan that ensures close coordination and
integration of the Center's activities.
(c) Selection and Schedule.--
(1) Selection.--The Secretary shall select consortia for
grants for the establishment and operation of Centers through
competitive selection processes. In selecting consortia, the
Secretary shall consider--
(A) the information a consortium must disclose
according to subsection (b);
(B) any existing facilities a consortium will
provide for Center activities;
(C) experience in design, prototyping, and testing
advanced composites;
(D) existing ISO 17025 certification;
(E) experience and achievements working with the
private sector and commercializing composite materials
technologies; and
(F) opportunities to leverage previous support that
a member of the consortium has received from the
Department or Departments awarding the grant, the
National Institute of Standards and Technology, or the
National Science Foundation to research, develop,
demonstrate, or commercialize an advanced composite.
(2) Schedule.--Grants made for the establishment and
operation of a Center shall be for a period not to exceed 5
years, after which the grant may be renewed, subject to a
competitive selection process.
(d) Center Operations.--
(1) In general.--Centers shall conduct or provide for
multidisciplinary, collaborative research, development,
demonstration, and commercial application of advanced
composites technologies within the technology development focus
area or areas designated for the Center by the Secretary under
subsection (a)(2). Each Center shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium and
awardees by conducting activities whenever practicable
at one centralized location;
(B) develop and publish on the website of the
Department or Departments of the designating Secretary
proposed plans and programs;
(C) submit an annual report to the Secretary
summarizing the Center's activities, including
detailing organizational expenditures and describing
each project undertaken by the Center; and
(D) monitor project implementation and
coordination.
(2) Conflicts of interest.--
(A) Procedures.--Centers shall establish conflict
of interest procedures, consistent with those of the
Department or Departments of the designating Secretary,
to ensure that employees and consortia designees for
Center activities who are in decisionmaking capacities
disclose all material conflicts of interest, including
financial, organizational, and personal conflicts of
interest.
(B) Disqualification and revocation.--The Secretary
may disqualify an application or revoke funds
distributed to a Center if the Secretary discovers a
failure to comply with conflict of interest procedures
established under subparagraph (A).
(e) Oversight Board.--Each Secretary described in subsection (a)(1)
shall establish and maintain within its Department an Oversight Board
to oversee the progress of Centers.
(f) Priority Consideration.--The Secretary shall give priority
consideration to applications in which 1 or more of the institutions
comprising the applicant consortium are 1890 Land Grant Institutions
(as defined in section 2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7061)), Predominantly Black
Institutions (as defined in section 318 of the Higher Education Act of
1965 (20 U.S.C. 1059e)), Tribal Colleges or Universities (as defined in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)), or Hispanic Serving Institutions (as defined in section 318
of the Higher Education Act of 1965 (20 U.S.C. 1059e)).
(g) Definitions.--For purposes of this section:
(1) Advanced composites.--The term ``advanced composites''
means polymer matrix composite materials, including synthetic
and natural fibers, as well as synthetic and bio-based resins,
used in structural, load-bearing applications. These materials
may be enhanced with nano-additives, and may be used in
combination with traditional and other advanced materials.
(2) Center.--The term ``Center'' means an Advanced
Composites Development Center established in accordance with
this section.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) Prime applicant.--The term ``prime applicant'' means an
institution of higher education serving as the lead entity
applying for a grant under this section.
(5) Qualifying entity.--The term ``qualifying entity''
includes--
(A) an appropriate State or Federal entity;
(B) a nonprofit nongovernmental organization with
expertise in advanced composites technology research,
development, demonstration, or commercial application;
(C) any other relevant entity the Secretary
considers appropriate; or
(D) a United States private company with expertise
in advanced composites technology research,
development, demonstration, or commercial application.
(6) Secretary.--The term ``Secretary'' means the Secretary
or Secretaries designating a Center under subsection (a)(2).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to each of the Secretaries described in subsection (a)(1)
to carry out this section--
(1) $15,000,000 for fiscal year 2012;
(2) $16,000,000 for fiscal year 2013;
(3) $17,500,000 for fiscal year 2014;
(4) $19,000,000 for fiscal year 2015; and
(5) $20,000,000 for fiscal year 2016. | Advanced Composites Development Act of 2011 - Directs the Secretaries of Transportation (DOT), Energy (DOE), Defense (DOD), and Homeland Security (DHS), to carry out a program to improve the nation's transportation infrastructure, advance the technologies used to produce alternative energy, enhance our military security, and develop new disaster mitigation systems by making grants to consortia for the establishment and operation of Advanced Composites Development Centers.
Instructs the Secretaries to work with stakeholders to identify problems that can be solved over a period of five years through the development of an advanced composite material.
Requires such Centers, by working with the private sector, to strive to produce new composite materials that are lighter, stronger, and more durable than existing materials and that have an immediate practical application. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Homesteading Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) rural areas are suffering from--
(A) an out-migration of workers and loss of
population at a significantly higher rate than the rest
of the United States; and
(B) higher rates of poverty and unemployment than
the rest of the United States;
(2) rural areas have not enjoyed the same growth in the
technology industry as other areas of the United States;
(3) recruiting high-skilled workers to rural areas has been
particularly difficult; and
(4) in order to allow rural areas to participate fully in
the unprecedented economic prosperity of the rest of the United
States, high-skilled workers have to be recruited specially to
these areas of the United States.
SEC. 3. DEMONSTRATION PROJECTS FOR RURAL AMERICA.
(a) Establishment of Program.--
(1) Coordination of use of h-1b fees with development of
high-tech jobs.--There is established a program under which the
Secretary of Agriculture shall conduct up to 6 demonstration
projects involving the employment of H-1B workers in rural
areas, which projects shall serve to coordinate the use of
employer-paid immigration fees with the development of high-
tech employment opportunities in those areas.
(2) Grant authority.--
(A) Authorization.--Subject to the availability of
appropriations, the Secretary of Agriculture is
authorized to implement the program established by
paragraph (1) through the award of grants to economic
development planning districts in rural areas.
(B) Application procedures.--Each economic
development planning district desiring a grant under
this section shall submit an application to the
Secretary of Agriculture at such time, in such manner,
and accompanied by or containing such information as
the Secretary shall reasonably require.
(C) Calculation of grant amount.--The amount of
each grant awarded under this paragraph to an economic
development planning district in a fiscal year shall
equal the total amount of fees paid by employers under
section 214(c)(9) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)(9)) in that fiscal year with
respect to the employment in that district of H-1B
workers described in section 4(a).
(D) Designation of grant applicant and recipient.--
For each economic development planning district, the
Secretary of Agriculture shall designate a single
entity for purposes of applying for and receiving grant
funds under this section.
(3) Uses of grant funds.--Grants awarded under paragraph
(2) shall be available only for providing education, training,
equipment, and infrastructure in connection with the employment
of H-1B workers within that district.
(b) Memorandum of Understanding.--For purposes of eligibility for a
demonstration project under the program established by this section,
the designated planning district may enter into a memorandum of
understanding with 1 or more economic development planning districts in
an adjacent State.
(c) Economic Development Planning District Defined.--In this
section, the term ``economic development planning district'' means an
area designated by the Secretary of Agriculture that meets following
criteria:
(1) Location of districts.--The district is situated in a
State that shares an international border with Canada.
(2) Resolution of support.--The counties or municipalities,
or corporations established pursuant to Public Law 92-203, as
amended, that comprise the district have signed a resolution of
support to bring high-tech development into the district.
(3) Declaration of need.--The district has executed a
declaration of need confirming that the district has
experienced--
(A) an outmigration of at least 20 percent of its
population over the past 30 years;
(B) unemployment rates or poverty rates that are
substantially above the national average rate for
unemployment or poverty, respectively; or
(C) has a population that is 10 percent or more
Native American.
(4) Partnership with industry or institutions of higher
education.--The district has established a partnership with
industry, or an institution of higher education, to recruit
high-skilled workers into the district.
(5) Incentive package.--The district has developed an
incentive package for high-skilled workers, including job
offers, and other financial benefits.
(6) Training program.--The district has established a
training program for workers living in the district.
SEC. 4. ALLOCATION OF H-1B VISAS.
(a) In General.--Effective October 1, 2001, of the total number of
aliens who may be issued visas or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) of the Immigration and
Nationality Act each fiscal year, not to exceed 12,000 aliens may be
issued H-1B visas or otherwise provided nonimmigrant status under that
section for employment in demonstration projects conducted under the
program established by section 3, of which number not to exceed 2,000
aliens may be accorded such status for employment in any single
demonstration project conducted under that program.
(b) H-1B Nonimmigrant Petition Fees.--
(1) Establishment of account.--There is established in the
general fund of the Treasury of the United States a separate
account, which shall be known as the ``Twenty-first Century
Homesteading Account''.
(2) Deposit of fees.--Notwithstanding section 286(s) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)), fees
collected under section 214(c)(9) of that Act (8 U.S.C.
1184(c)(9)) with respect to the employment of H-1B workers
described in subsection (a) shall be deposited as offsetting
receipts into the account.
(3) Use of fees.--Fees deposited into the account shall
remain available to the Secretary of Agriculture until expended
to carry out demonstration projects conducted under the program
established by section 3.
SEC. 5. STATUTORY CONSTRUCTION.
Nothing in this Act shall supersede, amend, or repeal the
procedures under which an employer must file an application with the
Secretary of Labor for an H-1B visa for a nonimmigrant in a specialty
occupation.
SEC. 6. DEFINITIONS.
In this Act:
(1) H-1B visa.--The term ``H-1B visa'' means a visa issued
under section 101(a)(15)(H)(i)(b) of the Immigration and
Nationality Act.
(2) H-1B worker.--The term ``H-1B worker'' means an alien
who holds a valid H-1B visa or who otherwise has been provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))).
(4) Native american.--The term ``Native American'' means--
(A) an Indian, as defined in section 4(d) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(d)); and
(B) an Alaska Native, within the meaning provided
for the term ``Native'' in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
(5) Rural area.--The term ``rural area'' means an area that
is located--
(A) outside a standard metropolitan statistical
area; or
(B) within a community that has a population of
50,000 individuals or fewer. | 21st Century Homesteading Act - Establishes a program under which the Secretary of Agriculture shall conduct up to six demonstration projects involving the employment of H-1B visa (specialty occupation) aliens in rural areas, and the use of related employer-paid visa fees with the development of high-tech employment opportunities in such areas. Authorizes the Secretary to make project grants to qualifying rural economic development planning districts in States on the Canadian border having certain levels of outmigration, unemployment, and Native American populations.Allocates specified H-1B annual admissions for such projects.Establishes the Twenty-first Century Homesteading Account in the Treasury. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury in Dental Fillings
Disclosure and Prohibition Act''.
SEC. 2. FINDINGS.
(a) General Findings.--The Congress finds as follows:
(1) Elemental mercury and mercury compounds are known to be
toxic and hazardous to human health and to the environment.
(2) Mercury is number three on the 2003 CERCLA Priority
List of Hazardous Substances, behind arsenic and lead.
(3) A dental amalgam, commonly referred to as a ``silver
filling'', consists of 42 to 58 percent mercury.
(4) Consumers may be deceived by the use of the term
``silver'' to describe a dental amalgam, which contains
substantially more mercury than silver.
(5) Dentists purchase 34 tons of mercury per year, the
Nation's third largest purchaser of mercury. Dentists place
millions of amalgam fillings in children each year, even though
interchangeable substitutes of non-toxic materials could also
fill those cavities. Each amalgam filling contains \1/2\ to \3/
4\ of a gram of mercury.
(6) The mercury contained in dental amalgam is continually
emitted in the form of mercury vapor, and the total amount of
mercury released depends upon the total number of fillings;
their age, composition, and surface area; the intra-oral
presence of other metals; dietary and lifestyle habits; and
other chemical and metabolic conditions affecting the mouth.
(7) When mercury vapors are inhaled, most of the mercury
(about 80 percent) enters the bloodstream directly through the
lungs and then rapidly deposits preferentially in the brain and
kidneys as well as other parts of the body.
(8) Mercury toxicity is a retention toxicity (total body
burden) that builds up over years of exposure, and is therefore
dependent on all sources of mercury to which an individual may
be exposed.
(9) The National Institutes of Health has concluded that
when inorganic mercury is located in brain tissue, researchers
are unable to demonstrate an appreciable half-life, or
decrease, of mercury over time (more than 120 days). The
implications of this conclusion are that dental amalgam
exposure will permanently increase mercury body burden.
(10) According to the World Health Organization, the
estimated average daily intake and retention of mercury from
dental amalgam ranges from 3 to 27 micrograms per day, and is
greater than all other sources combined.
(11) The California Dental Association, by court order,
requires postings of warnings about mercury fillings in
California Dental Offices as of March 9, 2003. The warnings
read ``NOTICE TO PATIENTS: PROPOSITION 65 WARNING: Dental
Amalgam, used in many dental fillings, causes exposure to
mercury, a chemical known to the state of California to cause
birth defects or other reproductive harm''.
(12) United States consumers and parents have a right to
know, in advance, the risks of placing a product containing a
substantial amount of mercury in their mouths or the mouths of
their children.
(13) According to the Agency for Toxic Substances and
Disease Registry, the mercury from amalgam passes through the
placenta of pregnant women and through the breast milk of
lactating women, increasing health risks to both unborn
children and newborn babies.
(14) The National Academy of Sciences estimated that ``over
600,000 children are born each year at risk for adverse
neurodevelopmental effects due to in utero exposure to methyl
mercury''. This report urged the need to understand the
relative amount of mercury attributable to dental amalgam and
to thimerosal in vaccines.
(15) Studies show that a variety of commonly found human
intestinal and oral bacteria can methylate mercury. In this
way, the mercury vapor from fillings biotransforms into the
highly neurotoxic and teratogenic methylmercury.
(16) The use of mercury in any product being put into the
body is opposed by many health groups, such as the American
Public Health Association, the California Medical Association,
and Health Care Without Harm.
(17) Highly effective and durable alternatives to mercury-
based dental fillings exist, but many publicly and privately
financed health plans do not allow consumers to choose
alternatives to dental amalgam.
(b) Environmental Findings.--In addition to the findings of
subsection (a), the Congress finds as follows:
(1) Mercury wastewater released from dental clinics has
been shown to fail the Environmental Protection Agency's
toxicity characteristic leaching procedure and, therefore, is
regulated as hazardous waste.
(2) Research from the Naval Dental Research Institute
indicates that, when discharged to the environment, conditions
may be right for waste dental mercury to methylate, become
bioavailable, and subsequently biomagnify in fish as methyl
mercury, the most toxic form of mercury.
(3) Forty-eight States, the District of Columbia, and the
United States Territory of American Samoa have issued 2,362
fish consumption advisories to their residents due to mercury
contamination.
(4) The Food and Drug Administration has issued fish
consumption advisories due to levels of mercury in
commercially-caught fish and, in January 2001, warned pregnant
woman and young children not to eat certain marine fish.
(5) According to the Environmental Protection Agency,
United States dentists use approximately 34 tons of mercury per
year.
(6) A report issued on June 5, 2002, by the Mercury Policy
Project, the Sierra Club, Health Care Without Harm, Clean Water
Action, and the Toxics Action Center stated that, because of
mercury fillings, dental offices are now the leading source of
mercury in the Nation's wastewater.
(7) Mercury from dental amalgam can enter the environment
during any point of the product's life-cycle. This includes
placement or removal of fillings; through bodily excretions;
when sewage sludge is incinerated, spread on crops, or dumped
in land fills; when vapor is released or land filled; when
vapor is released directly from the filling (which increases
with brushing, chewing, and consuming hot foods or salt); and
during cremation. Currently there are no requirements for
mercury capture before or during cremation.
(8) The Association of Metropolitan Sewerage Agencies
reported human wastes from individuals with dental amalgam
fillings to be the most significant source of domestic mercury
entering publicly owned treatment works, greater than 80
percent of the total contributing factors.
(9) According to the Association of Metropolitan Sewerage
Agencies, removal of mercury from publicly owned treatment
works has been shown to cost $10,000,000 to $100,000,000 for
every pound removed.
(10) Mercury use by the dental industry increased from 2
percent in 1980 to 22 percent of the total use of mercury in
the United States in 2001, because of drastic declines in
mercury use by other industries over that period.
(11) Amalgam restorations were estimated to be 55 percent
of the total mercury product reservoir in 2004 by the
Environmental Protection Agency, and will therefore be a source
of environmental contamination into the future.
(12) According to a joint study by the Environmental
Protection Agency and the Cremation Association of North
America, approximately 238 pounds of mercury, mostly from
dental amalgam fillings, were released from crematoria
nationally in 1999.
(13) Cremation is chosen in approximately 30 percent of all
deaths, and this percentage is expected to increase every year.
(14) According to industrial hygiene surveys, 6 to 16
percent of dental offices exceed the exposure levels for air
mercury permitted by Occupational Safety and Health
Administration standards.
SEC. 3. PROHIBITION ON INTRODUCTION OF DENTAL AMALGAM INTO INTERSTATE
COMMERCE.
(a) Prohibition.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the
following:
``(j) Effective January 1, 2009, if it contains mercury intended
for use in a dental filling.''.
(b) Transitional Provision.--For purposes of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), effective December 31,
2007, and subject to the amendment made by subsection (a), a device
that contains mercury intended for use in a dental filling shall be
considered to be misbranded, unless it bears a label that provides as
follows: ``Dental amalgam contains approximately 50 percent mercury, a
highly toxic element. Such product should not be administered to
children less than 18 years of age, pregnant women, or lactating women.
Such product should not be administered to any consumer without a
warning that the product contains mercury, which is a highly toxic
element, and therefore poses health risks.''. | Mercury in Dental Fillings Disclosure and Prohibition Act - Amends the Federal Food, Drug, and Cosmetic Act to deem any drug or device to be adulterated if it contains mercury intended for use in a dental filling, effective January 1, 2009.
Deems a device that contains mercury intended for use in a dental filling to be misbranded, effective December 31, 2007, unless it bears a specified warning label that it: (1) contains mercury, a highly toxic element; (2) should not be administered to children under age 18 or to pregnant or lactating women; and (3) poses health risks. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Personal
Protection Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Second Amendment to the United States Constitution
provides that the right of the people to keep and bear arms
shall not be infringed.
(2) The Second Amendment to the United States Constitution
protects the rights of individuals, including those who are not
members of a militia or engaged in military service or
training, to keep and bear arms.
(3) The law-abiding citizens of the District of Columbia
are deprived by local laws of handguns, rifles, and shotguns
that are commonly kept by law-abiding persons throughout the
rest of the United States for sporting use and for lawful
defense of persons, homes, and families.
(4) The District of Columbia has the highest per capita
murder rate in the Nation, which may be attributed in part to
local laws prohibiting possession of firearms by law-abiding
persons who would otherwise be able to defend themselves and
their loved ones in their own homes and businesses.
(5) The Federal Gun Control Act of 1968, as amended by the
Firearms Owners' Protection Act of 1986, and the Brady Handgun
Violence Prevention Act of 1993, provide comprehensive Federal
regulations applicable in the District of Columbia as
elsewhere. In addition, existing District of Columbia criminal
laws punish possession and illegal use of firearms by violent
criminals and felons. Consequently, there is no need for local
laws which only disarm law-abiding citizens.
(6) Legislation is required to correct the District of
Columbia's law in order to restore the rights of its citizens
under the Second Amendment to the United States Constitution
and thereby enhance public safety.
SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS.
Section 303.43 of title 1, District of Columbia Code, is amended by
adding at the end the following: ``This section shall not be construed
to permit the Council, the Mayor, or any governmental or regulatory
authority of the District of Columbia to prohibit, constructively
prohibit, or unduly burden the ability of persons otherwise permitted
to possess firearms under Federal law from acquiring, possessing in
their homes or businesses, or using for sporting, self-protection or
other lawful purposes, any firearm neither prohibited by Federal law
nor regulated by the National Firearms Act. The District of Columbia
shall not have authority to enact laws or regulations that discourage
or eliminate the private ownership or use of firearms.''.
SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.
Section 2501.01(10) of title 7, District of Columbia Code, is
amended to read as follows:
``(10) Machine gun means any firearm which shoots, is
designed to shoot, or can be readily converted or restored to
shoot automatically, more than 1 shot by a single function of
the trigger.''.
SEC. 5. REPEAL REGISTRATION REQUIREMENT.
Section 2502.01 of title 7, District of Columbia Code, is amended--
(1) in subsection (a)--
(A) by striking ``, and no person or organization
in the District shall possess or control any firearm,
unless the person or organization holds a valid
registration certificate for the firearm''; and
(B) by striking beginning with ``A registration''
through paragraph (3); and
(2) in subsection (b)--
(A) in paragraphs (1) and (2), by striking
``firearm or'';
(B) in paragraph (2), by striking the semicolon at
the end and inserting a period; and
(C) by striking paragraph (3).
SEC. 6. REPEAL D.C. HANDGUN BAN.
Section 2502.02 of title 7, District of Columbia Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``or'' after the
semicolon;
(B) in paragraph (3), by striking ``; or'' and
inserting a period;
(C) by striking paragraph (4); and
(D) by striking ``(a)''; and
(2) by striking subsection (b).
SEC. 7. REPEAL HANDGUN AMMUNITION BAN.
Section 2506.01 of title 7, District of Columbia Code, is repealed.
SEC. 8. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.
Section 2507.02 of title 7, District of Columbia Code, is repealed.
SEC. 9. ADDITIONAL REPEALS.
Sections 2502.03, 2502.04, 2502.05, 2502.06, 2502.07, 2502.08,
2502.09, 2502.10, and 2502.11 of title 7, District of Columbia Code,
are repealed.
SEC. 10. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED
FIREARMS.
Section 2507.06 of title 7, District of Columbia Code, is amended--
(1) by striking ``that:'' through ``(1) A'' and inserting
``that a''; and
(2) by striking paragraph (2).
SEC. 11. REMOVE CRIMINAL PENALTIES FOR CARRYING A PISTOL IN ONE'S
DWELLING OR OTHER PREMISES.
Section 4504(a) of title 22, District of Columbia Code, is
amended--
(1) in the matter before paragraph (1), by inserting ``,
except in his dwelling house or place of business or on other
land possessed by that person, whether loaded or unloaded,''
before ``a pistol''; and
(2) in paragraph (1), by striking ``a pistol, without a
license pursuant to District of Columbia law, or''. | District of Columbia Personal Protection Act - Amends the District of Columbia Code to provide that the D.C. Council's regulatory authority regarding firearms, explosives, and weapons in the District shall not be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise permitted to possess firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor regulated by the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.
Repeals the definition of machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.)
Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on registration of pistols (handguns); (3) prohibition on possession of handgun ammunition; (4) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked; (5) related firearm registration requirements such as applicant qualifications and filing deadline.
Eliminates criminal penalties for: (1) possessing an unregistered firearm; or (2) carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Shortage Prevention Act of
2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Actions by Food and Drug Administration To Address Critical
Drug Shortages.
Sec. 4. Actions by Attorney General To Address Critical Drug Shortages.
SEC. 3. ACTIONS BY FOOD AND DRUG ADMINISTRATION TO ADDRESS CRITICAL
DRUG SHORTAGES.
Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by
inserting after section 506C (21 U.S.C. 356c) the following:
``SEC. 506D. ADDRESSING CRITICAL DRUG SHORTAGES.
``(a) Definitions.--In this section:
``(1) The term `biological product' has the meaning given
to such term in section 351(i) of the Public Health Service
Act.
``(2) The term `critical drug' has the meaning given to
such term by the Secretary pursuant to subsection (b)(2).
``(3) The term `critical drug shortage' has the meaning
given to such term by the Secretary pursuant to subsection
(c)(2).
``(4) The term `relevant stakeholders' includes--
``(A) with respect to drugs and biological
products, manufacturers, distributors, and group
purchasing organizations; and
``(B) health care providers.
``(b) National Critical Drug List.--
``(1) List.--The Secretary shall--
``(A) not later than 180 days after the date of the
enactment of this section, establish a list identifying
each critical drug;
``(B) promptly remove any drug or biological
product from such list if the drug or biological
product no longer meets the definition of a critical
drug established pursuant to paragraph (2);
``(C) consider for inclusion in such list--
``(i) each drug and biological product that
is--
``(I) approved or licensed under
section 505 of this Act or section 351
of the Public Health Service Act; or
``(II) otherwise marketed pursuant
to regulation by the Food and Drug
Administration; and
``(ii) each such drug or biological product
for which a new indication is approved;
``(D) include in such list, with respect to each
listed critical drug, information concerning the number
and identity of the manufacturers of such drug;
``(E) make such list publicly available; and
``(F) review and update such list semiannually.
``(2) Definition.--Not later than 90 days after the date of
the enactment of this section, the Secretary shall define the
term `critical drug' for purposes of this section. In defining
such term, the Secretary shall--
``(A) solicit input from relevant stakeholders
through a public hearing or an opportunity to provide
written comments;
``(B) take into account the medical necessity of a
drug or biological product and exclude any drug or
biological product that is not medically necessary; and
``(C) take into account the vulnerability of a drug
or biological product to shortage, including because of
the number of manufacturers and sources of active
ingredients involved.
``(3) Request for removal.--
``(A) In general.--The manufacturer of a drug or
biological product on the list established under
paragraph (1) may request that the Secretary remove the
drug or biological product from the list on the basis
that the drug or biological product does not satisfy
the definition of a critical drug.
``(B) Action by the secretary.--Not later than 45
days after receipt of such a request, the Secretary
shall review the determination that the drug or
biological product is a critical drug and--
``(i) remove the drug or biological product
from the list established under paragraph (1)
if the Secretary determines that the drug is
not a critical drug; or
``(ii) provide to the manufacturer
submitting such request an explanation of why
the drug or biological product was properly
determined to be a critical drug.
``(c) National Critical Drug Shortage List.--
``(1) List.--The Secretary shall--
``(A) not later than 1 year after the date of the
enactment of this section, establish and make publicly
available a list identifying each critical drug that is
in a critical drug shortage; and
``(B) not less than monthly, review and, as
appropriate, update such list.
``(2) Definition.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall define
the term `critical drug shortage' for purposes of this section.
In defining such term, the Secretary shall--
``(A) solicit input from relevant stakeholders
through a public hearing or an opportunity to provide
written comments; and
``(B) limit the definition to actual shortages in
the United States of critical drugs.
``(3) Contents.--The list established under paragraph (1)
shall, with respect to each listed critical drug shortage,
include at a minimum access to the following information:
``(A) Indication of the severity of the shortage.
``(B) Each reason for the shortage.
``(C) An estimated date by which the critical drug
involved will begin reaching providers in quantities
sufficient to meet demand.
``(D) Identification of alternate therapies.
``(E) Identification of specific regions of the
country particularly affected or specifically not
affected by the shortage.
``(4) Request for removal.--
``(A) In general.--The manufacturer of a critical
drug included on the list established under paragraph
(1) may request that the Secretary remove the critical
drug from the list on the basis that the drug is not in
a critical drug shortage.
``(B) Action by the secretary.--Not later than 45
days after receipt of such a request, the Secretary
shall review the determination that a critical drug
shortage exists and--
``(i) remove the critical drug from the
list if the Secretary determines that the drug
is not in a critical drug shortage; or
``(ii) provide to the manufacturer
submitting such request an explanation of why
the critical drug was properly determined to be
in a critical drug shortage.
``(d) Supply Chain Communication Infrastructure.--
``(1) Notifications to public.--
``(A) In general.--The Secretary shall establish
and implement a proactive system for giving notice to
the public concerning additions and other modifications
to the list under subsection (c)(1) regarding critical
drug shortages.
``(B) System requirements.--The system under
subparagraph (A) shall provide such notices--
``(i) to any member of the public on an
opt-in basis; and
``(ii) in written form comprehensible to a
lay reader.
``(C) Initial implementation.--The Secretary shall
begin implementation of the system under subparagraph
(A) not later than 1 year after the date of the
enactment of this section.
``(2) Notifications to manufacturers and distributors.--
``(A) In general.--The Secretary shall establish
and implement a system for giving notice of any
imminent critical drug shortage to--
``(i) any manufacturer of the critical drug
registered under section 510;
``(ii) any manufacturer so registered with
capacity to manufacture the critical drug or an
alternate therapy to the critical drug; and
``(iii) subject to subparagraph (B) and at
the Secretary's discretion, any wholesale
distributor of the critical drug that has a
contractual relationship with--
``(I) the manufacturer of the
critical drug; or
``(II) an authorized distributor of
record (as such term is defined in
section 503(e)(3)) of the critical
drug.
``(B) Wholesale distributors participating in
unlawful activities.--If the Attorney General
determines that a wholesale distributor of a critical
drug is participating in stockpiling, price gouging, or
other unlawful activities related to the distribution
of a critical drug, the Secretary shall withhold any
notification that would otherwise be made to the
distributor under subparagraph (A) with respect to the
critical drug until the Attorney General determines
that the distributor is no longer participating in such
activities.
``(C) Initial implementation.--The Secretary shall
begin implementation of the system under subparagraph
(A) not later than 180 days after the date of the
enactment of this section.
``(3) Notifications to attorney general.--The Secretary
shall--
``(A) give notice to the Attorney General of any
critical drug shortage listed under subsection (c); and
``(B) provide such information to the Attorney
General as may be necessary to determine the extent to
which it is appropriate to increase one or more
production quotas under section 306(h) of the
Controlled Substances Act in order to address such
shortage.
``(e) Study on Feasibility of National Contingency Plan.--
``(1) Study.--The Secretary shall conduct a study on the
feasibility of creating a national contingency plan addressing
critical drug shortages, including with respect to--
``(A) the creation of a Federal stockpile of
critical drugs for the purpose of responding to
potential critical drug shortages; or
``(B) the expansion of an existing Federal
stockpile of drugs to include critical drugs for such
purpose.
``(2) Consultation.--In conducting the study under
paragraph (1), the Secretary shall consult with relevant
stakeholders.
``(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall complete the study
required by paragraph (1) and submit to the Congress a report
on the results of such study.
``(f) Approval of Drugs.--
``(1) Expedited review.--The Secretary shall expedite the
review of--
``(A) any application seeking approval of a
critical drug under subsection (c) or (j) of section
505 of this Act or licensing of a critical drug under
section 351 of the Public Health Service Act; and
``(B) any request by the sponsor of a critical drug
to approve--
``(i) a change to the manufacturing process
for a critical drug, including any change in
the facilities used for such process; or
``(ii) an alternate supplier of any active
ingredient in a critical drug.
``(2) No delay of other applications.--In expediting the
review of applications and requests under paragraph (1), the
Secretary shall not unnecessarily delay the review of
applications and requests for drugs and biological products
that are not critical drugs.
``(3) Establishment of procedures and timeframes.--Not
later than 90 days after the date of the enactment of this
section, the Secretary, with input from relevant stakeholders,
shall establish procedures and timeframes for providing
expedited review under paragraph (1).
``(g) Improved Regulation.--The Secretary shall review and improve
the process for regulating critical drugs so as to--
``(1) ensure that, at each stage of such process, the
status of such drugs as critical drugs is taken into
consideration;
``(2) improve communications between the offices and
officials of the Food and Drug Administration responsible for
approving and regulating critical drugs and the offices and
officials of the Food and Drug Administration responsible for
identifying and addressing critical drug shortages; and
``(3) ensure that any new regulatory concern about a
critical drug identified by Food and Drug Administration
personnel is communicated--
``(A) within 1 business day to the office of the
Food and Drug Administration responsible for
identifying and addressing critical drug shortages; and
``(B) within 5 business days to the manufacturer of
the critical drug.
``(h) Confidentiality.--
``(1) In general.--Except as described in paragraph (2), in
carrying out this section, the Secretary shall not disclose--
``(A) any trade secret or other matter that is
referred to in section 1905 of title 18 of the United
States Code, or
``(B) any trade secret or other commercial or
financial information that is exempt from disclosure
under section 552(b)(4) of title 5 of the United States
Code.
``(2) Disclosure to federal officers and employees.--The
Secretary may disclose such matter or information to an officer
or employee of the Federal Government, but only if--
``(A) such disclosure is for the purpose of
carrying out this section or section 306(h) of the
Controlled Substances Act; and
``(B) any further disclosure of such matter or
information by the officer and employee is restricted
to the same extent as disclosure of such matter or
information by the Secretary.
``(i) Sense of Congress Regarding Increase in Personnel.--It is the
sense of the Congress that the Food and Drug Administration should
increase the number of personnel responsible for identifying and
addressing critical drug shortages.''.
SEC. 4. ACTIONS BY ATTORNEY GENERAL TO ADDRESS CRITICAL DRUG SHORTAGES.
Section 306 of the Controlled Substances Act (21 U.S.C. 826) is
amended by adding at the end the following:
``(h) If the Secretary of Health and Human Services lists a
critical drug shortage under section 506D(c) of the Federal Food, Drug,
and Cosmetic Act, and the drug involved or any ingredient therein is a
controlled substance subject to a quota under this section, then the
Attorney General shall increase such quota to the extent determined by
the Attorney General, in consultation with the Secretary of Health and
Human Services, to be appropriate to address the critical drug
shortage.''. | Drug Shortage Prevention Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS) to: (1) define the term "critical drug" based on the medical necessity and vulnerability to shortage of a drug or biological product; (2) establish, make publicly available, and update semiannually a list identifying each critical drug and its manufacturers; (3) promptly remove from such list any drug or biological product that no longer meets such definition; and (4) establish, make publicly available, and update monthly a list identifying each critical drug that is in a critical drug shortage in the United States, the severity of and reason for the shortage, alternate therapies and regions particularly affected, and an estimated date by which the necessary quantities of the drug will begin reaching providers.
Allows manufacturers to request removal of a drug from such lists on the basis that it doesn't meet the definition of "critical drug" or is not in a critical drug shortage.
Directs the Secretary to: (1) establish a proactive system for giving notice to the public concerning modifications to the critical drug shortage list, (2) establish a system for giving notice of any imminent critical drug shortage to critical drug manufacturers and wholesale distributors and manufacturers of alternative therapies, (3) notify the Attorney General of any critical drug shortage, (4) study the feasibility of creating a national contingency plan addressing critical drug shortages, (5) expedite the review of applications for approval of critical drugs and requests by sponsors of such drugs to approve manufacturing process changes or alternate suppliers of active ingredients, and (6) improve the process for regulating critical drugs.
Express the sense of Congress that the Food and Drug Administration (FDA) should increase the number of personnel responsible for identifying and addressing critical drug shortages.
Amends the Controlled Substances Act to direct the Attorney General to increase a quota as appropriate for a drug listed in a critical drug shortage that is or contains a controlled substance. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ozone Standards Implementation Act
of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 2015 ozone standards.--The term ``2015 ozone
standards'' means the ozone standards described in the final
rule entitled ``National Ambient Air Quality Standards for
Ozone'' (80 Fed. Reg. 65292 (October 26, 2015)).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Best available control technology.--The term ``best
available control technology'' has the meaning given the term
in section 169 of the Clean Air Act (42 U.S.C. 7479).
(4) Lowest achievable emission rate.--The term ``lowest
achievable emission rate'' has the meaning given the term in
section 171 of the Clean Air Act (42 U.S.C. 7501).
(5) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard promulgated under section 109 of
the Clean Air Act (42 U.S.C. 7409).
(6) Preconstruction permit.--
(A) In general.--The term ``preconstruction
permit'' means a permit that is required under part C
or D of title I of the Clean Air Act (42 U.S.C. 7470 et
seq.) for the construction or modification of a major
emitting facility or major stationary source.
(B) Inclusion.--The term ``preconstruction permit''
includes a permit described in subparagraph (A) issued
by the Administrator or a State, local, or tribal
permitting authority.
SEC. 3. FACILITATING STATE IMPLEMENTATION OF EXISTING OZONE STANDARDS.
(a) Designations.--
(1) Designation submission.--Notwithstanding the deadline
specified in paragraph (1)(A) of section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)), not later than October 26, 2024,
the Governor of each State shall designate in accordance with
that section all areas (or portions of areas) of the State as
attainment, nonattainment, or unclassifiable with respect to
the 2015 ozone standards.
(2) Designation promulgation.--Notwithstanding the deadline
specified in paragraph (1)(B) of section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)), not later than October 26, 2025,
the Administrator shall promulgate a final designation under
that section for all areas in all States with respect to the
2015 ozone standards, including any modifications to the
designations submitted under paragraph (1).
(3) State implementation plans.--Notwithstanding the
deadline specified in section 110(a)(1) of the Clean Air Act
(42 U.S.C. 7410(a)(1)), not later than October 26, 2026, each
State shall submit to the Administrator an implementation plan
under that section with respect to the 2015 ozone standards.
(b) Certain Preconstruction Permits.--
(1) In general.--The 2015 ozone standards shall not apply
to the review and disposition of a preconstruction permit
application if--
(A) the Administrator or the State, local, or
tribal permitting authority, as applicable, determines
the application to be complete on or before the date of
promulgation of final designations under subsection
(a)(2); or
(B) the Administrator or the State, local, or
tribal permitting authority, as applicable, publishes a
public notice of a preliminary determination or draft
permit for the application before the date that is 60
days after the date of promulgation of the final
designation of the relevant area under subsection
(a)(2).
(2) Rules of construction.--Nothing in this section--
(A) eliminates the obligation of a preconstruction
permit applicant to install best available control
technology and lowest achievable emission rate
technology, as applicable; or
(B) limits the authority of a State, local, or
tribal permitting authority to impose more stringent
emissions requirements pursuant to State, local, or
tribal law than the Federal national ambient air
quality standards established by the Administrator.
SEC. 4. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR
QUALITY STANDARDS.
(a) Consideration of Technological Feasibility.--Section 109(b) of
the Clean Air Act (42 U.S.C. 7409(b)) is amended--
(1) by striking ``(b)(1) National'' and inserting the
following:
``(b) Requirements.--
``(1) In general.--
``(A) Public health.--National''; and
(2) in paragraph (1)(A) (as so designated), in the second
sentence, by striking ``Such'' and inserting the following:
``(B) Technological feasibility.--If the
Administrator, in consultation with the independent
scientific review committee appointed under subsection
(d), finds that a range of levels of air quality for an
air pollutant are requisite to protect public health
with an adequate margin of safety, as described in
subparagraph (A), the Administrator may consider, as a
secondary consideration, likely technological
feasibility in establishing and revising the national
primary ambient air quality standard for the
pollutant.''.
(b) Timeline for Review of National Ambient Air Quality
Standards.--
(1) 10-year cycle for all criteria air pollutants.--Section
109(d) of the Clean Air Act (42 U.S.C. 7409(d)) is amended--
(A) in paragraph (1), by striking ``five-year
intervals'' and inserting ``10-year intervals''; and
(B) in paragraph (2)(B), by striking ``five-year
intervals'' and inserting ``10-year intervals''.
(2) Cycle for next review of ozone criteria and
standards.--Notwithstanding section 109(d) of the Clean Air Act
(42 U.S.C. 7409(d)), the Administrator shall not--
(A) complete, before October 26, 2025, any review
of the criteria for ozone published under section 108
of that Act (42 U.S.C. 7408) or the national ambient
air quality standard for ozone promulgated under
section 109 of that Act (42 U.S.C. 7409); or
(B) propose, before October 26, 2025, any revisions
to those criteria or standards.
(c) Consideration of Adverse Public Health, Welfare, Social,
Economic, or Energy Effects.--Section 109(d)(2) of the Clean Air Act
(42 U.S.C. 7409(d)(2)) is amended by adding at the end the following:
``(D) Advice from scientific review committee.--
Before establishing or revising a national ambient air
quality standard, the Administrator shall request, and
the scientific review committee appointed under
subparagraph (A) shall provide, advice under
subparagraph (C)(iv) regarding any adverse public
health, welfare, social, economic, or energy effects
which may result from various strategies for attainment
and maintenance of the national ambient air quality
standard.''.
(d) Timely Issuance of Implementing Regulations and Guidance.--
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding
at the end the following:
``(e) Timely Issuance of Implementing Regulations and Guidance.--
``(1) Definitions.--In this subsection:
``(A) Best available control technology.--The term
`best available control technology' has the meaning
given that term in section 169.
``(B) Lowest achievable emission rate.--The term
`lowest achievable emission rate' has the meaning given
that term in section 171.
``(C) Preconstruction permit.--
``(i) In general.--The term
`preconstruction permit' means a permit that is
required under part C or D for the construction
or modification of a major emitting facility or
major stationary source.
``(ii) Inclusion.--The term
`preconstruction permit' includes any permit
described in clause (i) issued by the
Administrator or a State, local, or tribal
permitting authority.
``(2) Guidance for implementation.--In publishing any final
rule establishing or revising a national ambient air quality
standard, the Administrator shall, as the Administrator
determines necessary to assist States, permitting authorities,
and permit applicants, concurrently publish final regulations
and guidance for implementing the national ambient air quality
standard, including information relating to submission and
consideration of a preconstruction permit application under the
new or revised national ambient air quality standard.
``(3) Applicability of national ambient air quality
standard to preconstruction permitting.--If the Administrator
fails to publish the final regulations and guidance referred to
in paragraph (2) that include information relating to
submission and consideration of a preconstruction permit
application under a new or revised national ambient air quality
standard concurrently with the national ambient air quality
standard, the new or revised national ambient air quality
standard shall not apply to the review and disposition of a
preconstruction permit application until the date on which the
Administrator publishes the final regulations and guidance.
``(4) Rules of construction.--Nothing in this subsection--
``(A) precludes the Administrator from issuing
regulations and guidance to assist States, permitting
authorities, and permit applicants in implementing a
national ambient air quality standard after the
publication of final regulations and guidance for the
national ambient air quality standard under paragraph
(2);
``(B) eliminates the obligation of a
preconstruction permit applicant to install best
available control technology and lowest achievable
emission rate technology, as applicable; or
``(C) limits the authority of a State, local, or
tribal permitting authority to impose more stringent
emissions requirements pursuant to State, local, or
tribal law than the Federal national ambient air
quality standards established by the Administrator.''.
(e) Contingency Measures for Extreme Ozone Nonattainment Areas.--
Section 172(c)(9) of the Clean Air Act (42 U.S.C. 7502(c)(9)) is
amended--
(1) in the first sentence, by striking ``Such'' and
inserting the following:
``(A) Specific measures.--A nonattainment'';
(2) in the second sentence, by striking ``Such measures''
and inserting the following:
``(B) Contingency measures.--The specific measures
referred to in subparagraph (A)''; and
(3) by adding at the end the following:
``(C) Extreme areas.--Notwithstanding subparagraphs
(A) and (B) and any other provision of this Act, the
specific measures referred to in subparagraphs (A) and
(B) shall not be required for any nonattainment area
for ozone classified as an Extreme Area.''.
(f) Plan Submissions and Requirements for Ozone Nonattainment
Areas.--Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended--
(1) in subsection (b)(1)(A)(ii)(III), by inserting ``and
economic feasibility'' after ``technological achievability'';
(2) in subsection (c)(2)(B)(ii), by inserting ``and
economic feasibility'' after ``technological achievability'';
and
(3) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking the second sentence and inserting ``Paragraphs
(6), (7), and (8) of subsection (c) (relating to de
minimis rule and modification of sources) shall not
apply in the case of an Extreme Area.''; and
(B) in paragraph (5), in the matter preceding
subparagraph (A), by striking ``, if the State
demonstrates to the satisfaction of the Administrator
that--'' and all that follows through ``Any reference
to'' in the last sentence of the undesignated matter
following subparagraph (B) and inserting the following:
``(6) References.--Any reference to''.
(g) Plan Revisions for Milestones for Particulate Matter
Nonattainment Areas.--Section 189(c)(1) of the Clean Air Act (42 U.S.C.
7513a(c)(1)) is amended by inserting ``, which take into account
technological achievability and economic feasibility,'' after
``redesignated attainment''.
(h) Exceptional Events.--Section 319(b)(1) of the Clean Air Act (42
U.S.C. 7619(b)(1)) is amended by striking subparagraph (B) and
inserting the following:
``(B) Exclusions.--In this subsection, the term
`exceptional event' does not include--
``(i) ordinarily occurring stagnation of
air masses;
``(ii) meteorological inversions; or
``(iii) air pollution relating to source
noncompliance.''.
(i) Report on Emissions Emanating From Outside the United States.--
Not later than 2 years after the date of enactment of this Act, the
Administrator, in consultation with States, shall submit to Congress a
report that describes--
(1) the extent to which foreign sources of air pollution,
including emissions from sources located outside North America,
impact--
(A) designations of areas (or portions of areas) as
nonattainment, attainment, or unclassifiable under
section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)); and
(B) attainment and maintenance of national ambient
air quality standards;
(2) the procedures and timelines of the Administrator for
the disposition of petitions submitted under subsection (b) of
section 179B of the Clean Air Act (42 U.S.C. 7509a);
(3) the total number of petitions received by the
Administrator under that section (42 U.S.C. 7509a) and, for
each petition--
(A) the date on which the petition was initially
submitted to the Administrator; and
(B) the date of final disposition by the
Administrator; and
(4) whether the Administrator recommends any statutory
changes to facilitate the more efficient review and disposition
of petitions submitted under that section (42 U.S.C. 7509). | Ozone Standards Implementation Act of 2016 This bill amends the Clean Air Act by revising the National Ambient Air Quality Standards (NAAQS) program. The bill delays the implementation of the ozone NAAQS that were published in 2015. The bill extends until: (1) October 26, 2024, the deadline for states to submit designations to implement the 2015 ozone NAAQS; and (2) October 26, 2025, the deadline for the Environmental Protection Agency (EPA) to designate state areas as attainment, nonattainment, or unclassifiable areas with respect to the 2015 ozone NAAQS. States must submit a state implementation plan (SIP) by October 26, 2026, to implement, maintain, and enforce the 2015 ozone NAAQS. The bill also changes the review cycle for criteria pollutant NAAQS from a 5-year review cycle to a 10-year review cycle. The EPA may not complete its next review of ozone NAAQS before October 26, 2025. Prior to establishing or revising NAAQS, the EPA must obtain advice from its scientific advisory committee regarding potential adverse public health, welfare, social, economic, or energy effects which may result from attaining and maintaining NAAQS. The EPA must publish regulations and guidance for implementing NAAQS concurrently with the issuance of a new or revised standard. New or revised NAAQS must not apply to preconstruction permits for constructing or modifying a major emitting facility or major stationary source of air pollutants until those regulations and guidance have been published. The bill revises requirements concerning SIPs for extreme ozone nonattainment areas and particulate matter nonattainment areas. | billsum_train |
Create a condensed overview of the following text: SECTION 1. ELECTION TO TAKE OWNERSHIP, OR TO DECLINE OWNERSHIP, OF A
CERTAIN ITEM OF COMPLEX DURABLE MEDICAL EQUIPMENT AFTER
THE 13-MONTH CAPPED RENTAL PERIOD ENDS.
(a) In General.--Section 1834(a)(7)(A) of the Social Security Act
(42 U.S.C. 1395m(a)(7)(A)) is amended--
(1) in clause (ii)--
(A) by striking ``rental.--On'' and inserting
``rental.--
``(I) In general.--Except as
provided in subclause (II), on''; and
(B) by adding at the end the following new
subclause:
``(II) Option to accept or reject
transfer of title to group 3 support
surface.--
``(aa) In general.--During
the 10th continuous month
during which payment is made
for the rental of a Group 3
Support Surface under clause
(i), the supplier of such item
shall offer the individual the
option to accept or reject
transfer of title to a Group 3
Support Surface after the 13th
continuous month during which
payment is made for the rental
of the Group 3 Support Surface
under clause (i). Such title
shall be transferred to the
individual only if the
individual notifies the
supplier not later than 1 month
after the supplier makes such
offer that the individual
agrees to accept transfer of
the title to the Group 3
Support Surface. Unless the
individual accepts transfer of
title to the Group 3 Support
Surface in the manner set forth
in this subclause, the
individual shall be deemed to
have rejected transfer of
title. If the individual agrees
to accept the transfer of the
title to the Group 3 Support
Surface, the supplier shall
transfer such title to the
individual on the first day
that begins after the 13th
continuous month during which
payment is made for the rental
of the Group 3 Support Surface
under clause (i). If the
supplier transfers title to the
Group 3 Support Surface under
this subclause, payments for
maintenance and servicing after
the transfer of title shall be
made in accordance with clause
(iv). If the individual rejects
transfer of title under this
subclause, payments for
maintenance and servicing after
the end of the period of
medical need during which
payment is made under clause
(i) shall be made in accordance
with clause (v).
``(bb) Special rule.--If,
on the effective date of this
subclause, an individual's
rental period for a Group 3
Support Surface has exceeded 10
continuous months, but the
first day that begins after the
13th continuous month during
which payment is made for the
rental under clause (i) has not
been reached, the supplier
shall, within 1 month following
such effective date, offer the
individual the option to accept
or reject transfer of title to
a Group 3 Support Surface. Such
title shall be transferred to
the individual only if the
individual notifies the
supplier not later than 1 month
after the supplier makes such
offer that the individual
agrees to accept transfer of
title to the Group 3 Support
Surface. Unless the individual
accepts transfer of title to
the Group 3 Support Surface in
the manner set forth in this
subclause, the individual shall
be deemed to have rejected
transfer of title. If the
individual agrees to accept the
transfer of the title to the
Group 3 Support Surface, the
supplier shall transfer such
title to the individual on the
first day that begins after the
13th continuous month during
which payment is made for the
rental of the Group 3 Support
Surface under clause (i) unless
that day has passed, in which
case the supplier shall
transfer such title to the
individual not later than 1
month after notification that
the individual accepts transfer
of title. If the supplier
transfers title to the Group 3
Support Surface under this
subclause, payments for
maintenance and servicing after
the transfer of title shall be
made in accordance with clause
(iv). If the individual rejects
transfer of title under this
subclause, payments for
maintenance and servicing after
the end of the period of
medical need during which
payment is made under clause
(i) shall be made in accordance
with clause (v).'';
(2) in clause (iv), in the heading, by inserting ``after
transfer of title'' after ``servicing''; and
(3) by adding at the end the following new clause:
``(v) Maintenance and servicing of group 3
support surface if individual rejects transfer
of title.--In the case of a Group 3 Support
Surface for which the individual has rejected
transfer of title under subclause (ii)(II)--
``(I) during the first 6-month
period of medical need that follows the
period of medical need during which
payment is made under clause (i), no
payment shall be made for rental or
maintenance and servicing of the Group
3 Support Surface; and
``(II) during the first month of
each succeeding 6-month period of
medical need, a maintenance and
servicing payment may be made (for
parts and labor not covered by the
supplier's or manufacturer's warranty,
as determined by the Secretary to be
appropriate for the Group 3 Support
Surface) and the amount recognized for
each such 6-month period is the lower
of--
``(aa) a reasonable and
necessary maintenance and
servicing fee or fees
established by the Secretary;
or
``(bb) 10 percent of the
total of the purchase price
recognized under paragraph (8)
with respect to the Group 3
Support Surface.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act. | Amends title XVIII (Medicare) of the Social Security Act to permit a Medicare beneficiary to elect to take, or decline to take, ownership of a Group 3 Support Surface item of complex durable medical equipment (DME) after the 13-month capped rental period ends. | billsum_train |
Create a summary of the following text: SECTION 1. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency improvement.--
(A) In general.--The term ``energy-efficiency
improvement'' means an installed measure (including a
product, equipment, system, service, or practice) that
results in a reduction in use by a nonprofit
organization for energy or fuel supplied from outside
the nonprofit building.
(B) Inclusions.--The term ``energy-efficiency
improvement'' includes an installed measure described
in subparagraph (A) involving--
(i) repairing, replacing, or installing--
(I) a roof or lighting system, or
component of a roof or lighting system;
(II) a window;
(III) a door, including a security
door; or
(IV) a heating, ventilation, or air
conditioning system or component of the
system (including insulation and wiring
and plumbing improvements needed to
serve a more efficient system);
(ii) a renewable energy generation or
heating system, including a solar,
photovoltaic, wind, geothermal, or biomass
(including wood pellet) system or component of
the system; and
(iii) any other measure taken to modernize,
renovate, or repair a nonprofit building to
make the nonprofit building more energy
efficient.
(3) Nonprofit building.--
(A) In general.--The term ``nonprofit building''
means a building operated and owned by a nonprofit
organization.
(B) Inclusions.--The term ``nonprofit building''
includes a building described in subparagraph (A) that
is--
(i) a hospital;
(ii) a youth center;
(iii) a school;
(iv) a social-welfare program facility;
(v) a faith-based organization; and
(vi) any other nonresidential and
noncommercial structure.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program to
award grants for the purpose of retrofitting nonprofit buildings with
energy-efficiency improvements.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
this section if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under this section, the Secretary shall apply
performance-based criteria, which shall give priority to
applications based on--
(A) the energy savings achieved;
(B) the cost-effectiveness of the energy-efficiency
improvement;
(C) an effective plan for evaluation, measurement,
and verification of energy savings;
(D) the financial need of the applicant; and
(E) the percentage of the matching contribution by
the applicant.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed--
(A) an amount equal to 50 percent of the energy-
efficiency improvement; and
(B) $200,000.
(5) Cost sharing.--
(A) In general.--A grant awarded under this section
shall be subject to a minimum non-Federal cost-sharing
requirement of 50 percent.
(B) In-kind contributions.--The non-Federal share
may be provided in the form of in-kind contributions of
materials or services.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2016 through 2020, to remain available until expended.
(e) Offset.--Section 422(f) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17082(f)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking ``2018.'' and inserting
``2015;''; and
(3) by adding at the end the following:
``(5) $150,000,000 for fiscal year 2016; and
``(6) $200,000,000 for each of fiscal years 2017 and
2018.''. | This bill directs the Department of Energy to establish a pilot program to award grants, through FY2020, to nonprofit organizations for retrofitting their buildings with energy-efficiency improvements. This bill amends the Energy Independence and Security Act of 2007 to offset the costs of the grants by decreasing the amount of appropriations authorized for the Zero Net Energy Commercial Buildings Initiative in FY2016. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Day in Court for Kids Act of
2016''.
SEC. 2. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY
INCREASING ACCESS TO LEGAL INFORMATION.
(a) Appointment of Counsel in Certain Cases; Right To Review
Certain Documents in Removal Proceedings.--Section 240(b) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``, at no expense to the
Government,''; and
(ii) by striking the comma at the end and
inserting a semicolon;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) the Attorney General may appoint or provide
counsel, at Government expense, to aliens in
immigration proceedings;
``(C) the alien shall, at the beginning of the
proceedings or as expeditiously as possible,
automatically receive a complete copy of all relevant
documents in the possession of the Department of
Homeland Security, including all documents (other than
documents protected from disclosure by privilege,
including national security information referred to in
subparagraph (D), law enforcement sensitive
information, and information prohibited from disclosure
pursuant to any other provision of law) contained in
the file maintained by the Government that includes
information with respect to all transactions involving
the alien during the immigration process (commonly
referred to as an `A-file'), and all documents
pertaining to the alien that the Department of Homeland
Security has obtained or received from other government
agencies, unless the alien waives the right to receive
such documents by executing a knowing and voluntary
written waiver in a language that he or she understands
fluently;''; and
(D) in subparagraph (D), as redesignated, by
striking ``, and'' and inserting ``; and''; and
(2) by adding at the end the following:
``(8) Failure to provide alien required documents.--In the
absence of a waiver under paragraph (4)(C), a removal
proceeding may not proceed until the alien--
``(A) has received the documents as required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney General
To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292
of the Immigration and Nationality Act (8 U.S.C. 1362) is amended--
(1) by striking ``In any'' and inserting the following:
``(a) In General.--In any proceeding conducted under section 235,
236, 238, 240, 241, or any other section of this Act,'';
(2) in subsection (a), as redesignated--
(A) by striking ``(at no expense to the
Government)''; and
(B) by striking ``he shall'' and inserting ``the
person shall''; and
(3) by adding at the end the following:
``(b) Access to Counsel.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under section
235, 236, 238, 240, or 241 or any other section of this Act. The
Secretary of Homeland Security shall ensure that aliens have access to
counsel inside all immigration detention and border facilities.''.
(c) Appointment of Counsel for Children and Vulnerable Aliens.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362), as amended by subsection (b),
is further amended by adding at the end the following:
``(c) Children and Vulnerable Aliens.--Notwithstanding subsection
(b), the Attorney General shall appoint counsel, at the expense of the
Government if necessary, at the beginning of the proceedings or as
expeditiously as possible, to represent in such proceedings any alien
who has been determined by the Secretary of Homeland Security or the
Attorney General to be--
``(1) a child (as defined in section 101(b)(1) of this
Act);
``(2) a particularly vulnerable individual, such as--
``(A) a person with a disability; or
``(B) a victim of abuse, torture, or violence; or
``(3) an individual whose circumstances are such that the
appointment of counsel is necessary to help ensure fair
resolution and efficient adjudication of the proceedings.
``(d) Extension to Consolidated Cases.--If the Attorney General has
consolidated the case of any alien for whom counsel was appointed under
subsection (c) with that of any other alien, and that other alien does
not have counsel, then the counsel appointed under subsection (c) shall
be appointed to represent such other alien.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office of Immigration Review of the
Department of Justice such sums as may be necessary to carry out this
section.''.
(2) Rulemaking.--The Attorney General shall promulgate
regulations to implement section 292(c) of the Immigration and
Nationality Act, as added by paragraph (1), in accordance with
the requirements set forth in section 3006A of title 18, United
States Code.
SEC. 3. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT DETENTION
FACILITIES.
(a) Access to Counsel.--The Secretary of Homeland Security shall
facilitate access to counsel for all aliens detained in facilities
under the supervision of U.S. Immigration and Customs Enforcement or of
U.S. Customs and Border Protection, including providing information to
aliens in detention about legal services programs at detention
facilities.
(b) Access to Legal Orientation Programs.--The Secretary of
Homeland Security, in consultation with the Attorney General, shall
establish procedures to ensure that legal orientation programs are
available for all detained aliens, including aliens held in U.S.
Customs and Border Protection facilities, to inform such aliens of the
basic procedures of immigration hearings, their rights relating to
those hearings under Federal immigration laws, information that may
deter such aliens from filing frivolous legal claims, and any other
information that the Attorney General considers appropriate, such as a
contact list of potential legal resources and providers. Access to
legal orientation programs shall not be limited by the alien's current
immigration status, prior immigration history, or potential for
immigration relief.
(c) Pilot Project for Nondetained Aliens in Removal Proceedings.--
The Attorney General shall develop and administer a 2-year pilot
program at not fewer than 2 immigration courts to provide nondetained
aliens with pending asylum claims access to legal information. At the
conclusion of the pilot program, the Attorney General shall submit a
report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives that
describes the extent to which nondetained aliens are provided with
access to counsel.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office of Immigration Review of the
Department of Justice such sums as may be necessary to carry out this
section.
SEC. 4. CASE MANAGEMENT PILOT PROGRAM TO INCREASE COURT APPEARANCE
RATES.
(a) Contract Authority.--The Secretary of Homeland Security shall
establish a pilot program to increase the court appearance rates of
aliens described in section 292(c) of the Immigration and Nationality
Act, as added by section 2(c)(1), by contracting with nongovernmental,
community-based organizations to provide appropriate case management
services to such aliens. This pilot program shall not be used to
monitor individuals designated as unaccompanied alien children under
section 462 of the Homeland Security Act.
(b) Scope of Services.--Case management services provided under
subsection (a) shall include assisting aliens with--
(1) accessing legal counsel;
(2) complying with court-imposed deadlines and other legal
obligations;
(3) procuring appropriate housing;
(4) enrolling their minor children in school; and
(5) acquiring health services, including, if needed, mental
health services.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Homeland Security such sums as may be
necessary to carry out this section.
SEC. 5. REPORT ON ACCESS TO COUNSEL.
(a) Report.--Not later than December 31 of each year, the Secretary
of Homeland Security, in consultation with the Attorney General, shall
prepare and submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives regarding the extent to which aliens described in
section 292(c) of the Immigration and Nationality Act, as added by
section 2(c)(1), have been provided access to counsel.
(b) Contents.--Each report submitted under subsection (a) shall
include, for the immediately preceding 1-year period--
(1) the number and percentage of aliens described in
paragraphs (1), (2), and (3), respectively, of section 292(c)
of the Immigration and Nationality Act, as added by section
2(c)(1), who were represented by counsel, including information
specifying--
(A) the stage of the legal process at which the
alien was represented; and
(B) whether the alien was in government custody;
and
(2) the number and percentage of aliens who received legal
orientation presentations.
SEC. 6. MOTIONS TO REOPEN.
Section 240(c)(7)(C) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
``(v) Special rule for children and other
vulnerable aliens.--If the Attorney General
fails to appoint counsel for an alien in
violation of section 292(c)--
``(I) no limitation under this
paragraph pertaining to the filing of
any motion under this paragraph by such
alien shall apply; and
``(II) the filing of such a motion
shall stay the removal of the alien.''. | Fair Day in Court for Kids Act of 2016 This bill amends the Immigration and Nationality Act (INA) authorize the Department of Justice (DOJ) to appoint or provide counsel at government expense to aliens in removal proceedings. The Department of Homeland Security (DHS) shall provide an alien in removal proceedings with all relevant documents in its possession, unless the alien has knowingly waived the right to such documents. In the absence of a waiver a removal proceeding may not proceed until the alien has received, and had time to review, the documents. DOJ may appoint or provide counsel to aliens in any INA proceeding. DHS shall ensure that aliens have access to counsel inside all immigration detention and border facilities. DOJ shall appoint counsel, at government expense if necessary, for an unaccompanied alien child or a particularly vulnerable individual. If DOJ has consolidated any such alien's case with that of any other alien, and that other alien does not have counsel, then the appointed counsel shall be appointed to represent the other alien as well. DHS shall: (1) facilitate access to counsel for all aliens detained in facilities under the supervision of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection (CBP); and (2) establish procedures to ensure that legal orientation programs are available for all detained aliens, including aliens held in CBP facilities. DOJ shall develop and administer a two-year pilot program at not fewer than two immigration courts to grant access to legal information to non-detained aliens with pending asylum claims. DHS shall establish a pilot program to increase the court appearance rates of unaccompanied alien children and particularly vulnerable individuals by contracting with nongovernmental, community-based organizations to provide such aliens with case management services. The pilot program shall not be used to monitor individuals designated as unaccompanied alien children under the Homeland Security Act. If DOJ fails to appoint counsel for an unaccompanied alien child or vulnerable person: (1) no limitation pertaining to the filing of any motion to reopen the removal proceeding shall apply, and (2) the filing of such a motion shall stay the removal of the alien. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meth Exposure to the Home Disclosure
Act'' or the ``METH Disclosure Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) since 2007, there has been a net increase in
methamphetamine laboratory incidents across the United States,
as the number of incidents has risen from 6,858 in 2007 to
9,240 in 2014, with a peak of 15,217 in 2010;
(2) 23 States have laws that require landlords to inform
new renters or potential buyers if a building was previously
used as a methamphetamine lab, but the Drug Enforcement Agency
estimates that only 5 percent of homes used to make
methamphetamine in the United States are disclosed;
(3) research shows that for every pound of methamphetamine
created by a lab, 5 pounds of toxic waste is produced, most of
which becomes airborne and is subsequently absorbed by other
objects, such as carpets, furniture, drywall, and countertops;
(4) the toxic waste that does not become airborne can
remain as residue in bathtubs, toilets, sinks, and floors if it
is spilled or not disposed of properly, and without proper
cleaning, these harmful chemicals can remain in the affected
buildings for years;
(5) harmful methamphetamine by-products include propane
fuel, lithium, sodium hydroxide, and solvents like benzene,
acetone, and hexane, all of which can have negative and lasting
effects on families and children in particular;
(6) coming into contact with these substances has been
shown to cause dry mouth, nose bleeds, respiratory issues,
issues with the brain, liver, and kidneys, birth defects, and
reproductive problems;
(7) solvents like acetone can cause death, while chronic
inhalation of hexane can cause significant damage to the
central nervous system, and the by-product benzene has been
linked to anemia and leukemia in adults as well as children;
(8) testing for methamphetamine and harmful by-products of
methamphetamine is relatively simple and inexpensive;
(9) once a family or business has moved into an affected
building, properly cleaning and sterilizing the building can
cost up to $10,000, and such an expense can represent a
crippling and unexpected financial burden on families and
businesses in the United States; and
(10) a law requiring landlords to disclose information
about the previous methamphetamine usage of a building could
prevent unnecessarily exposing millions of people in the United
States to potentially lethal circumstances, and the Federal
Government must therefore take initiative on this issue to
preserve the health and financial stability of the people of
the United States.
SEC. 3. DISCLOSURE OF INFORMATION CONCERNING THE MANUFACTURE OF
METHAMPHETAMINE UPON TRANSFER OR LEASE OF COVERED
HOUSING.
(a) Definitions.--In this section--
(1) the term ``covered housing''--
(A) means any housing that is a dwelling unit,
including the grounds, outbuildings, fences,
structures, and, where applicable, common areas; and
(B) does not include housing that, as of the date
on which a seller or lessor sells or leases the
housing, is--
(i) newly constructed; or
(ii) has never been occupied;
(2) the term ``methamphetamine-based hazard'' means any
condition that causes exposure to any hazardous substance or
pollutant or contaminant associated with the manufacture of
methamphetamine that would result in adverse human health
effects, as established by the appropriate Federal agency; and
(3) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(b) Disclosure in Purchase and Sale or Lease of Covered Housing.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the
Administrator of the Environmental Protection Agency and any
other Federal agency with knowledge of methamphetamine-based
hazards, shall promulgate regulations for the disclosure of
methamphetamine-based hazards in covered housing that is
offered for sale or lease.
(2) Requirements.--The regulations promulgated under
paragraph (1) shall require that--
(A) before the purchaser or lessee is obligated
under any contract to purchase or lease covered
housing, the seller or lessor shall--
(i) provide a written disclosure to the
purchaser or lessee--
(I) of any knowledge of whether
methamphetamine was manufactured in the
covered housing; and
(II) of the presence of any known
methamphetamine-based hazards in the
covered housing; and
(ii) allow the purchaser or lessee a 10-day
period (unless the parties mutually agree upon
a different period of time) to conduct a risk
assessment or inspection for the presence of
methamphetamine-based hazards; and
(B) each contract for the purchase or lease of
covered housing shall contain a statement signed by the
seller and purchaser or the lessor and lessee, as
applicable, that--
(i) the seller or lessor has made the
written disclosures required under subparagraph
(A)(i); and
(ii) the purchaser or lessee had a 10-day
opportunity (unless the parties mutually agreed
upon a different period of time or waived the
opportunity) before becoming obligated under
the contract to purchase or lease the covered
housing to conduct a risk assessment or
inspection for the presence of methamphetamine-
based hazards.
(3) Compliance assurance.--Whenever a seller or lessor has
entered into a contract with an agent for the purpose of
selling or leasing a unit of covered housing, the regulations
promulgated under paragraph (1) shall require the agent, on
behalf of the seller or lessor, to ensure compliance with the
requirements of this section.
(4) Investigative authority of the secretary.--
(A) Investigations.--The Secretary may--
(i) conduct such investigations as may be
necessary to administer and carry out the
duties of the Secretary under this section; and
(ii) in carrying out clause (i), administer
oaths and require by subpoena the production of
documents and the attendance and testimony of
witnesses as the Secretary deems advisable.
(B) Enforcement.--Any district court of the United
States within the jurisdiction of which an inquiry is
carried, on application of the Attorney General, may,
in the case of contumacy, failure, or refusal to permit
entry under this section or to obey a subpoena of the
Secretary issued under subparagraph (A), issue an order
requiring such entry or such compliance therewith, and
any failure to obey such order of the court may be
punished by such court as a contempt thereof.
(c) Penalties for Violations.--
(1) In general.--Any person who knowingly violates any
provision of this section shall be jointly and severally liable
to--
(A) the purchaser or lessee of the covered housing,
as applicable, in an amount equal to--
(i) any costs associated with--
(I) the remediation or clean-up of
the covered housing to remove any
methamphetamine-based hazards; and
(II) any health-related injuries or
ailments related to methamphetamine-
based hazards in the covered housing;
and
(ii) reasonable attorney's fees associated
with the claim; and
(B) the Secretary, for civil money penalties in
accordance with section 102(f) of the Department of
Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545(f)).
(2) Enjoinment.--The Secretary may take such lawful action
as may be necessary to enjoin any violation of this section.
(d) Validity of Contracts and Liens.--Nothing in this section
shall--
(1) affect the validity or enforceability of--
(A) any sale or contract for the purchase and sale
or lease of any interest in covered housing; or
(B) any loan, loan agreement, mortgage, or lien
made or arising in connection with a mortgage loan; or
(2) create a defect in title.
(e) Effective Date.--The regulations promulgated under subsection
(b)(1) shall take effect on the date that is 1 year after the date of
enactment of this Act.
(f) Authorization of Appropriations.--For purposes of carrying out
this section, there are authorized to be appropriated--
(1) $500,000 for fiscal year 2017;
(2) $1,000,000 for fiscal year 2018; and
(3) $2,000,000 for each of fiscal years 2019, 2020, and
2021. | Meth Exposure to the Home Disclosure Act or the METH Disclosure Act This bill directs the Department of Housing and Urban Development (HUD), in coordination with the Environmental Protection Agency and any other federal agency with knowledge of methamphetamine-based hazards, to promulgate regulations meeting certain criteria for the disclosure of methamphetamine-based hazards in housing (other than newly constructed or never occupied housing) offered for sale or lease. "Methamphetamine-based hazard" means any condition that causes exposure to any hazardous substance, pollutant, or contaminant associated with the manufacture of methamphetamine that would result in adverse human health effects. HUD may carry out necessary investigations, and any U.S. district court within the jurisdiction of which one is carried out may issue orders for compliance with it. The bill prescribes civil money penalties for violations of this Act. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Treatment of Airline Passengers
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) United States airline traffic is increasing. The number
of domestic passengers carried by United States air carriers
has nearly tripled since 1978, to over 660 million annually.
The number is expected to grow to more than 1 billion by 2010.
The number of domestic flights has been steadily increasing as
well.
(2) The Inspector General of the Department of
Transporation has found that with this growth in traffic have
come increases in delays, cancellations, and customer
dissatisfaction with air carrier service.
(A) The Federal Aviation Administration has
reported that, between 1995 and 2000, delays increased
90 percent and cancellations increased 104 percent. In
2000, over 1 in 4 flights were delayed, canceled, or
diverted, affecting approximately 163 million
passengers.
(B) At the 30 largest United States airports, the
number of flights with taxi-out times of 1 hour or more
increased 165 percent between 1995 and 2000. The number
of flights with taxi-out times of 4 hours or more
increased 341 percent during the same period.
(C) Certain flights, particularly those scheduled
during peak periods at the nation's busiest airports,
are subject to chronic delays. In December, 2000, 626
regularly-scheduled flights arrived late 70 percent of
the time or more, as reported by the Department of
Transportation.
(D) Consumer complaints filed with the Department
of Transportation about airline travel have nearly
quadrupled since 1995. The Department of Transportation
Inspector General has estimated that air carriers
receive between 100 and 400 complaints for every
complaint filed with the Department of Transportation.
(3) At the same time as the number of complaints about
airline travel has increased, the resources devoted to
Department of Transportation handling of such complaints have
declined sharply. The Department of Transportation Inspector
General has reported that the staffing of the Department of
Transportation office responsible for handling airline customer
service complaints declined from 40 in 1985 to just 17 in 2000.
(4) In June, 1999, the Air Transport Association and its
member airlines agreed to an Airline Customer Service
Commitment designed to address mounting consumer
dissatisfaction and improve customer service in the industry.
(5) The Department of Transportation Inspector General has
reviewed the airlines' implementation of the Airline Customer
Service Commitment. The Inspector General found that:
(A) The Airline Customer Service Commitment has
prompted air carriers to address consumer concerns in
many areas, resulting in positive changes in how air
travelers are treated.
(B) Despite this progress, there continue to be
significant shortfalls in reliable and timely
communication with passengers about flight delays and
cancellations. Reports to passengers about flight
status are frequently untimely, incomplete, or
unreliable.
(C) Air carriers need to do more, in the areas
under their control, to reduce over-scheduling, the
number of chronically-late or canceled flights, and the
amount of checked baggage that does not show up with
the passenger upon arrival.
(D) A number of further steps could be taken to
improve the effectiveness and enforceability of the
Airline Customer Service Commitment and to improve the
consumer protections available to commercial air
passengers.
SEC. 3. FAIR TREATMENT OF AIRLINE PASSENGERS.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41722. Airline passengers' right to know
``(a) Disclosure of On-Time Performance.--Whenever any person
contacts an air carrier to make a reservation or to purchase a ticket
on a consistently-delayed or canceled flight, the air carrier shall
disclose (without being requested), at the time the reservation or
purchase is requested, the on-time performance and cancellation rate
for that flight for the most recent month for which data is available.
For purposes of this paragraph, the term `consistently-delayed or
canceled flight' means a regularly-scheduled flight--
``(1) that has failed to arrive on-time (as defined in
section 234.2 of title 14, Code of Federal Regulations) at
least 40 percent of the time during the most recent 3-month
period for which data are available; or
``(2) at least 20 percent of the departures of which have
been canceled during the most recent 3-month period for which
data are available.
``(b) On-Time Performance Posted on Website.--An air carrier that
has a website on the Internet shall include in the information posted
about each flight operated by that air carrier the flight's on-time
performance (as defined in section 234.2 of title 14, Code of Federal
Regulations) for the most recent month for which data is available.
``(c) Passenger Information Concerning Delays, Cancellations, and
Diversions.--
``(1) In general--Whenever a flight is delayed, canceled,
or diverted, the air carrier operating that flight shall
provide to customers at the airport and on board the aircraft,
in a timely, reasonable, and truthful manner, the best
available information regarding such delay, cancellation, or
diversion, including--
``(A) the cause of the delay, cancellation, or
diversion; and
``(B) in the case of a delayed flight, the
carrier's best estimate of the departure time.
``(2) Public information.--An air carrier that provides a
telephone number or website for the public to obtain flight
status information shall ensure that the information provided
via such telephone number or website will reflect the best and
most current information available concerning delays,
cancellations, and diversions.
``(d) Pre-Departure Notification System.--Within 6 months after the
date of enactment of the Fair Treatment of Airline Passengers Act, each
air carrier that is a reporting carrier (as defined in section 234.2 of
title 14, Code of Federal Regulations) shall establish a reasonable
system (taking into account the size, financial condition, and cost
structure of the air carrier) for notifying passengers before their
arrival at the airport when the air carrier knows sufficiently in
advance of the check-in time for their flight that the flight will be
canceled or delayed by an hour or more.
``(e) Coordination of Monitors; Current Information.--At any
airport at which the status of flights to or from that airport is
displayed to the public on flight status monitors operated by the
airport, each air carrier the flights of which are displayed on the
monitors shall work closely with the airport to ensure that flight
information shown on the monitors reflects the best and most current
information available.
``(f) Frequent Flyer Program Information.--Within 6 months after
the date of enactment of the Fair Treatment of Airline Passengers Act,
each air carrier that maintains a frequent flyer program shall increase
the comprehensiveness and accessibility to the public of its reporting
of frequent flyer award redemption information. The information
reported shall include--
``(1) the percentage of successful redemptions of requested
frequent flyer awards for free tickets or class-of-service
upgrades for the air carrier;
``(2) the percentage of successful redemptions of requested
frequent flyer awards for free tickets or class-of-service
upgrades for each flight in the air carrier's top 100
origination and destination markets; and
``(3) the percentage of seats available for frequent flyer
awards on each flight in its top 100 origination and
destination markets.
``(g) Overbooking.--
``(1) Oversold flight disclosure.--An air carrier shall
inform a ticketed passenger, upon request, whether the flight
on which the passenger is ticketed is oversold.
``(2) Bumping compensation information.--An air carrier
shall inform passengers on a flight what the air carrier will
pay passengers involuntarily denied boarding before making
offers to passengers to induce them voluntarily to relinquish
seats.
``(3) Disclosure of bumping policy.--An air carrier shall
disclose, both on its Internet website, if any, and on its
ticket jackets, its criteria for determining which passengers
will be involuntarily denied boarding on an oversold flight and
its procedures for offering compensation to passengers
voluntarily or involuntarily denied boarding on an oversold
flight.
``(h) Mishandled Baggage Reporting.--Within 6 months after the date
of enactment of the Fair Treatment of Airline Passengers Act, each air
carrier shall revise its reporting for mishandled baggage to show--
``(1) the percentage of checked baggage that is mishandled
during a reporting period;
``(2) the number of mishandled bags during a reporting
period; and
``(3) the average length of time between the receipt of a
passenger's claim for missing baggage and the delivery of the
bag to the passenger.
``(i) Small Air Carrier Exception.--This section does not apply to
an air carrier that operates no civil aircraft designed to have a
maximum passenger seating capacity of more than 30 passengers.
``Sec. 41723. Enforcement and enhancement of airline passenger service
commitments
``(a) Adoption of Customer Service Plan.--Within 6 months after the
date of enactment of the Fair Treatment of Airline Passengers Act, an
air carrier certificated under section 41102 that has not already done
so shall--
``(1) develop and adopt a customer service plan designed to
implement the provisions of the Airline Customer Service
Commitment executed by the Air Transport Association and 14 of
its member airlines on June 17, 1999;
``(2) incorporate its customer service plan in its contract
of carriage;
``(3) incorporate the provisions of that Commitment if, and
to the extent that those provisions are more specific than, or
relate to issues not covered by, its customer service plan;
``(4) submit a copy of its customer service plan to the
Secretary of Transportation;
``(5) post a copy of its contract of carriage on its
Internet website, if any; and
``(6) notify all ticketed customers, either at the time a
ticket is purchased or on a printed itinerary provided to the
customer, that the contract of carriage is available upon
request or on the air carrier's website.
``(b) Modifications.--Any modification in any air carrier's
customer service plan shall be promptly incorporated in its contract of
carriage, submitted to the Secretary, and posted on its website.
``(c) Quality Assurance and Performance Measurement System.--
``(1) Air carriers.--Within 6 months after the date of
enactment of the Fair Treatment of Airline Passengers Act, an
air carrier certificated under section 41102, after
consultation with the Inspector General of the Department of
Transportation, shall--
``(A) establish a quality assurance and performance
measurement system for customer service; and
``(B) establish an internal audit process to
measure compliance with its customer service plan.
``(2) DOT approval required.--Each air carrier shall submit
the measurement system established under paragraph (1)(A) and
the audit process established under paragraph (1)(B) to the
Secretary of Transportation for review and approval.
``(d) Customer Service Plan Enhancements.--Within 6 months after
the date of enactment of the Fair Treatment of Airline Passengers Act,
an air carrier certificated under section 41102 shall--
``(1) amend its customer service plan to specify that it
will offer to a customer purchasing a ticket at any of the air
carrier's ticket offices or airport ticket service counters the
lowest fare available for which that customer is eligible; and
``(2) establish performance goals designed to minimize
incidents of mishandled baggage.
``(e) Small Air Carrier Exception.--This section does not apply to
an air carrier that operates no civil aircraft designed to have a
maximum passenger seating capacity of more than 30 passengers.''.
(b) Civil Penalty.--Section 46301(a)(7) is amended by striking
``40127 or 41712'' and inserting ``40127, 41712, 41722, or 41723''.
(c) Conforming Amendment.--The chapter analysis for chapter 417 of
title 49, United States Code, is amended by inserting after the item
relating to section 41721 the following:
``41722. Airline passengers' right to know.
``41723. Enforcement and enhancement of airline passenger service
commitments.''.
SEC. 4. REQUIRED ACTION BY SECRETARY OF TRANSPORTATION.
(a) Uniform Minimum Check-In Time; Baggage Statistics; Bumping
Compensation.--Within 6 months after the date of enactment of this Act,
the Secretary of Transportation shall--
(1) establish a uniform check-in deadline and require air
carriers to disclose, both in their contracts of carriage and
on ticket jackets, their policies on how those deadlines apply
to passengers making connections;
(2) revise the Department of Transportation's method for
calculating and reporting the rate of mishandled baggage for
air carriers to reflect the reporting requirements of section
41722(h) of title 49, United States Code; and
(3) revise the Department of Transportation's Regulation
(14 C.F.R. 250.5) governing the amount of denied boarding
compensation for passengers denied boarding involuntarily to
increase the maximum amount thereof.
(b) Review of Regulations.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Secretary shall complete a thorough review of
the Department of Transportation's regulations that relate to
air carriers' treatment of customers, and make such
modifications as may be necessary or appropriate to ensure the
enforceability of those regulations and the provisions of this
Act and of title 49, United States Code, that relate to such
treatment, or otherwise to promote the purposes of this Act.
(2) Specific areas of review.--As part of such review and
modification, the Secretary shall, to the extent necessary or
appropriate--
(A) modify existing regulations to reflect this Act
and sections 41722 and 41723 of title 49, United States
Code;
(B) modify existing regulations to the extent
necessary to ensure that they are sufficiently clear
and specific to be enforceable;
(C) establish minimum standards, compliance with
which can be measured quantitatively, of air carrier
performance with respect to customer service issues
addressed by the Department of Transportation
regulations or the Airline Customer Service Commitment
executed by the Air Transport Association and 14 of its
member airlines on June 17, 1999;
(D) address the manner in which the Department of
Transportation regulations should treat customer
service commitments that relate to actions occurring
prior to the purchase of a ticket, such as the
commitment to offer the lowest available fare, and
whether such the inclusion of such commitments in the
contract of carriage creates an enforceable obligation
prior to the purchase of a ticket;
(E) restrict the ability of air carriers to include
provisions in the contract of carriage restricting a
passenger's choice of forum in the event of a legal
dispute; and
(F) require each air carrier to report information
to Department of Transportation on complaints submitted
to the air carrier, and modify the reporting of
complaints in the Department of Transportation's
monthly customer service reports, so those reports will
reflect complaints submitted to air carriers as well as
complaints submitted to the Department.
(3) Expedited procedure.--Within 1 year after the date of
enactment of this Act, the Secretary shall complete all actions
necessary to establish regulations to implement the
requirements of this subsection.
SEC. 5. IMPROVED ENFORCEMENT OF AIR PASSENGER RIGHTS.
(a) Use of Authorized Funds.--In utilizing the funds authorized by
section 223 of the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century for the purpose of enforcing the rights of air
travelers, the Secretary of Transportation shall give priority to the
areas identified by the Inspector General of the Department of
Transportation as needing improvement in Report No. AV-2001-020,
submitted to the Congress on February 12, 2001.
(b) Secretary Required To Consult the Secretary's Inspector
General.--The Secretary of Transportation, in carrying out this Act and
the provisions of section 41722 and 41723 of title 49, United States
Code, shall consult with the Inspector General of the Department of
Transportation. | Fair Treatment of Airline Passengers Act - Requires an air carrier to: (1) disclose (without being requested), at the time a person contacts such air carrier to make a reservation or to purchase a ticket on a consistently-delayed or canceled flight reservation, the on-time performance and cancellation rate for such flight for the most recent month for which data is available; (2) post on its Internet website the on-time performance record of its flights for the most recent month for which data is available; (3) provide to its customers at the airport and on board its aircraft (including by telephone number or website if it has one), in a timely, reasonable, and truthful manner, the best available information regarding the delay, cancellation, or diversion of its aircraft; (4) establish, if it is a reporting carrier, a reasonable system for notifying air passengers before their arrival at the airport when such carrier knows sufficiently in advance of check-in time that their flight will be canceled or delayed by an hour or more; (5) increase the comprehensiveness and accessibility to the public of its reporting of frequent flyer award redemption information; (6) inform ticketed air passengers, upon request, whether their flight is oversold; (7) inform air passengers what such carrier will pay passengers involuntarily denied boarding (bumping) before making them offers to voluntarily relinquish their seats (including informing the public about their bumping policy); (8) revise its reporting for mishandled air passenger baggage (establishing performance goals to minimize incidents of mishandled baggage); (9) develop and adopt a customer service plan designed to implement the provisions of the Airline Customer Service Commitment executed by the Air Transport Association on June 17, 1999; (10) establish a quality assurance and performance measurement system for customer service; and (11) amend its customer service plan to state that it will offer to its customers the lowest fare available.Requires the Secretary of Transportation to take specified related actions with respect to uniform check-in time, mishandled baggage statistics, airline bumping compensation, and regulations as they relate to air carrier's treatment of customers. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``K-12 Community Participation Act of
1998''.
SEC. 2. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR
CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH PROVIDE
SCHOLARSHIPS FOR STUDENTS ATTENDING SUCH SCHOOLS.
(a) In General.--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
the following new section:
``SEC. 30B. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR
CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH PROVIDE
SCHOLARSHIPS FOR STUDENTS ATTENDING SUCH SCHOOLS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of--
``(1) the qualified elementary and secondary education
expenses which are paid or incurred by the taxpayer during such
taxable year, and
``(2) the qualified charitable contributions of the
taxpayer for the taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed--
``(1) $100 in the case of taxable years beginning in
calendar year 1998,
``(2) $150 in the case of taxable years beginning in
calendar year 1999,
``(3) $200 in the case of taxable years beginning in
calendar year 2000, and
``(4) $250 in the case of taxable years beginning after
calendar year 2000.
In the case of a joint return, the limitation under this subsection
shall be twice the dollar amount otherwise applicable under the
preceding sentence.
``(c) Qualified Elementary and Secondary Education Expenses.--For
purposes of this section--
``(1) In general.--The term `qualified elementary and
secondary education expenses' means tuition, fees, tutoring,
special needs services, books, supplies, computer equipment
(including related software and services) and other equipment,
transportation, and supplementary expenses required for the
enrollment or attendance of any individual at a public,
private, or religious school.
``(2) Special rule for home-schooling.--Such term shall
include expenses described in paragraph (1) required for
education provided for homeschooling if the requirements of any
applicable State or local law are met with respect to such
education.
``(3) School.--The term `school' means any school which
provides elementary education or secondary education (through
grade 12), as determined under State law.
``(d) Qualified Charitable Contribution.--For purposes of this
section--
``(1) In general.--The term `qualified charitable
contribution' means, with respect to any taxable year, the
amount allowable as a deduction under section 170 for cash
contributions to a school tuition organization.
``(2) School tuition organization.--
``(A) In general.--The term `school tuition
organization' means any organization described in
section 170(c)(2) if the annual disbursements of the
organization for elementary and secondary school
scholarship are normally not less than 90 percent of
the sum of such organization's annual gross income and
contributions and gifts.
``(B) Exceptions.--Such term shall not include any
organization if substantially all of its scholarships
(by value) may be used to attend only 1 school.
``(C) Elementary and secondary school
scholarship.--The term `elementary and secondary school
scholarship' means any scholarship excludable from
gross income under section 117 for expenses related to
education at or below the 12th grade.
``(e) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under this chapter for any contribution for which
credit is allowed under this section.
``(2) Application with other credits.--The credit allowable
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
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(3) Controlled groups.--All persons who are treated as
one employer under subsection (a) or (b) of section 52 shall be
treated as 1 taxpayer for purposes of this section.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit for elementary and
secondary school expenses and
for contributions to charitable
organizations which provide
scholarships for students
attending such schools.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | K-12 Community Participation Act of 1998 - Amends the Internal Revenue Code to allow a limited tax credit for the expenses of attending elementary and secondary schools (including home schooling) and for contributions to charitable organizations which provide scholarships for children to attend such schools. | billsum_train |
Condense the following text into a summary: TITLE I--TELEMARKETING FRAUD OVER THE INTERNET
SECTION 101. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET.
Section 1343 of title 18, United States Code, is amended by--
(1) striking ``or television communication'' and inserting
``television communication or the Internet''; and
(2) adding at the end thereof the following: ``For purposes
of this section, the term `Internet' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.''.
SEC. 102. FEDERAL TRADE COMMISSION SANCTIONS.
The Federal Trade Commission shall initiate a rulemaking proceeding
to set forth the application of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) and other statutory provisions within its
jurisdiction to deceptive acts or practices in or affecting the
commerce of the United States in connection with the promotion,
advertisement, offering for sale, or sale of goods or services through
use of the Internet, including the initiation, transmission, and
receipt of unsolicited commercial electronic mail. For purposes of this
section, the term `Internet' means collectively the myriad of computer
and telecommunications facilities, including equipment and operating
software, which comprise the interconnected world-wide network of
networks that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocols to such protocol,
to communicate information of all kinds by wire or radio.
TITLE II--SPECIAL PROTECTION FOR SENIOR CITIZENS
SEC. 201. FINDINGS.
The Congress finds that--
(1) telemarketing fraud costs consumers nearly
$40,000,000,000 each year;
(2) senior citizens are often the target of telemarketing
fraud;
(3) fraudulent telemarketers compile into ``mooch lists''
the names of potentially vulnerable consumers;
(4) according to the American Association of Retired
Persons, 56 percent of the names on ``mooch lists'' are
individuals age 50 or older;
(5) the Department of Justice has undertaken successful
investigations and prosecutions of telemarketing fraud through
various operations, including ``Operation Disconnect'',
``Operation Senior Sentinel'', and ``Operation Upload'';
(6) the Federal Bureau of Investigation has helped provide
resources to assist organizations such as the American
Association of Retired Persons to operate outreach programs
designed to warn senior citizens whose names appear on
confiscated ``mooch lists'';
(7) the Administration on Aging was formed, in part, to
provide senior citizens with the resources, information, and
assistance their special circumstances require;
(8) the Administration on Aging has a system in place to
effectively inform senior citizens of the dangers of
telemarketing fraud; and
(9) senior citizens need to be warned of the dangers of
telemarketing fraud and fraud over the Internet before they
become victims.
SEC. 202. PURPOSE.
It is the purpose of this title through education and outreach to
protect senior citizens from the dangers of telemarketing fraud and
fraud over the Internet and to facilitate the investigation and
prosecution of fraudulent telemarketers.
SEC. 203. DISSEMINATION OF INFORMATION.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary for Aging, shall publicly disseminate
in each State information designed to educate senior citizens and raise
awareness about the dangers of telemarketing fraud and fraud over the
Internet .
(b) Information.--In carrying out subsection (a), the Secretary
shall--
(1) inform senior citizens of the prevalence of
telemarketing fraud and fraud over the Internet targeted
against them;
(2) inform senior citizens of how telemarketing fraud and
fraud over the Internet works;
(3) inform senior citizens of how to identify telemarketing
fraud and fraud over the Internet ;
(4) inform senior citizens of how to protect themselves
against telemarketing fraud and fraud over the Internet,
including an explanation of the dangers of providing bank
account, credit card, or other financial or personal
information over the telephone to unsolicited callers;
(5) inform senior citizens of how to report suspected
attempts at telemarketing Fraud and over the Internet fraud;
(6) inform senior citizens of their consumer protection
rights under Federal law; and
(7) provide such other information as the Secretary
considers necessary to protect senior citizens against
fraudulent telemarketing over the Internet.
(c) Means of Dissemination.--The Secretary shall determine the
means to disseminate information under this section. In making such
determination, the Secretary shall consider--
(1) public service announcements;
(2) a printed manual or pamphlet;
(3) an Internet website; and
(4) telephone outreach to individuals whose names appear on
``mooch lists'' confiscated from fraudulent telemarketers.
(d) Priority.--In disseminating information under this section, the
Secretary shall give priority to areas with high concentrations of
senior citizens.
SEC. 204. AUTHORITY TO ACCEPT GIFTS.
The Secretary may accept, use, and dispose of unconditional gifts,
bequests, or devises of services or property, both real and personal,
in order to carry out this title.
SEC. 205. DEFINITION.
For purposes of this title, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
D23/ | TABLE OF CONTENTS:
Title I: Telemarketing Fraud Over the Internet
Title II: Special Protection for Senior Citizens
Title I: Telemarketing Fraud Over the Internet
- Amends the Federal criminal code to include within its criminal fraud protections transmissions made over the Internet. Directs the Federal Trade Commission to initiate a rulemaking proceeding to set forth the application of the Federal Trade Commission Act to deceptive acts or practices in U.S. commerce in connection with the promotion, advertisement, sale offer, or sale of goods or services through the use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail.
Title II: Special Protection for Senior Citizens
- Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud and fraud over the Internet. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sierra Leone Peace Support Act of
2000''.
SEC. 2. FINDINGS AND SENSE OF THE CONGRESS.
(a) Findings.--The Congress makes the following findings:
(1) Eight years of civil war and massive human rights
violations have created a humanitarian crisis in the Republic
of Sierra Leone, leaving over 50,000 dead and 1,000,000
displaced from their homes.
(2) As many as 480,000 Sierra Leoneans have fled into
neighboring countries, especially Guinea.
(3) All parties to the conflict have committed abuses, but
the Revolutionary United Front (RUF) and its ally, the former
Sierra Leonean army (AFRC) are responsible for the overwhelming
majority.
(4) The RUF and AFRC have systematically abducted, raped,
mutilated, killed, or forced children to fight alongside RUF
soldiers.
(5) The RUF continues to hold hundreds and perhaps
thousands of prisoners, including many child soldiers, despite
the agreement of RUF leadership at Lome to release all
children.
(6) The civil defense forces committed human rights
violations, including killings and recruitment of child
soldiers, and Economic Community of West African States
Military Observer Group (ECOMOG) forces have also committed
human rights abuses, including executions of captured
combatants and killings of civilians.
(7) Neighboring countries, especially Liberia and Burkina
Faso, have contributed greatly to the destruction of Sierra
Leone by aiding and arming the RUF and providing sanctuary for
RUF fighters.
(8) International humanitarian efforts to assist Sierra
Leoneans, both at home and in Guinea, have fallen far short of
need such that conditions in refugee camps and among displaced
persons camps are deplorable, food and medicine is dangerously
inadequate, and the refugee population on the Sierra Leonean
border continues to be preyed upon by RUF insurgents and
subjected to rape, mutilation, or killing.
(9) Demobilization, demilitarization, and reintegration
(DDR) efforts, as called for in the Lome agreement of July
1999, have begun months late and are still at beginning stages.
(10) With the withdrawal of the West African peacekeeping
forces, the United Nations Security Council has approved the
deployment of 11,000 peacekeeping forces for Sierra Leone.
(11) There are approximately 45,000 combatants, including
many child soldiers, in Sierra Leone who must be demobilized,
provided with alternate employment, and reintegrated into their
communities.
(12) Both the Government of Sierra Leone and the RUF/AFRC
formally agreed in the Lome Convention of July 7, 1999, to
uphold, promote, and protect the human rights (including the
right to life and liberty, freedom from torture, the right to a
fair trial, freedom of conscience, expression, and association,
and the right to take part in the governance of one's country)
of every Sierra Leonean as well as the enforcement of
humanitarian law.
(b) Sense of the Congress.--The Congress urges the President to
vigorously promote efforts to end further degradation of conditions in
the Republic of Sierra Leone, to dramatically increase United States
assistance to demobilization, demilitarization, and reintegration (DDR)
efforts and humanitarian initiatives, to assist in the collection of
documentation about human rights abuses by all parties, and to engage
in diplomatic initiatives aimed at consolidating the peace and
protecting human rights.
SEC. 3. DEMOBILIZATION, DEMILITARIZATION, AND REINTEGRATION ASSISTANCE.
(a) In General.--There is authorized to be appropriated to the
President $13,000,000 for fiscal year 2001 for assistance under chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2221 et
seq.) to the Sierra Leone DDR Trust Fund of the International Bank for
Reconstruction and Development for demobilization, demilitarization,
and reintegration assistance in Sierra Leone. Assistance under the
preceding sentence may not be used to provide stipends to ex-combatants
of the civil war in the Republic of Sierra Leone.
(b) Additional Requirements.--Amounts appropriated pursuant to
subsection (a)--
(1) are in addition to any other amounts available for the
purpose described in such subsection; and
(2) are authorized to remain available until expended.
SEC. 4. DEMOCRATIZATION, ELECTORAL, AND JUDICIAL ASSISTANCE.
(a) Judicial Assistance.--There is authorized to be appropriated to
the President $5,000,000 for fiscal year 2001 for assistance to rebuild
and strengthen the capacity of the judiciary in the Republic of Sierra
Leone and to assist efforts to establish the rule of law and maintain
law and order in Sierra Leone.
(b) Expanded International Military Education and Training
Assistance.--Beginning 1 year after the conclusion of free and fair
elections in Sierra Leone, the President may provide expanded
international military education and training assistance to the
military forces and related civilian personnel of Sierra Leone under
section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347)
solely for the purpose of providing training relating to defense
management, civil-military relations, law enforcement cooperation, and
military justice.
(c) Additional Requirements.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a)--
(1) are in addition to any other amounts available for the
purposes described in such subsection; and
(2) are authorized to remain available until expended.
SEC. 5. ACCOUNTABILITY.
(a) Statement of Congressional Concern About Accountability.--It is
the sense of the Congress that a thorough and nonpartisan initiative to
collect information on human rights abuses by all parties to the
conflict in the Republic of Sierra Leone be undertaken. Comprehensive
and detailed information, particularly the identification of specific
units, individuals, and commanders found to have been especially
abusive, will be essential for vetting human rights abusers from the
newly formed armed forces and police forces of Sierra Leone and for
deterring abuses by all parties in the future. Accordingly, the
Congress calls upon the administration to strongly support an
independent process of data collection on human rights abuses in Sierra
Leone, for use by the Truth and Reconciliation Commission when it has
been established, and to support any future initiatives of
international accountability for Sierra Leone.
(b) Assistance for Truth and Reconciliation Commission.--
(1) Assistance for establishment and support of
commission.--The President is authorized to provide assistance
for the establishment and support of a Truth and Reconciliation
Commission to establish accountability for human rights abuses
in the Republic of Sierra Leone.
(2) Assistance for human rights data collection.--The
Secretary of State, acting through the Assistant Secretary of
the Bureau of Democracy, Human Rights and Labor, is authorized
to collect human rights data with respect to Sierra Leone and
assist the Truth and Reconciliation Commission in carrying out
its functions.
(3) Authorization of appropriations.--
(A) Establishment and support of commission.--There
is authorized to be appropriated to the President
$1,500,000 for fiscal year 2001 for assistance under
chapter 4 of part II of the Foreign Assistance Act of
1961 to carry out paragraph (1).
(B) Human rights data collection.--There is
authorized to be appropriated to the Secretary of State
$500,000 for fiscal year 2001 to carry out paragraph
(2). Amounts appropriated pursuant to the authorization
of appropriations under the preceding sentence shall be
deposited in the ``Human Rights Fund'' of the Bureau of
Democracy, Human Rights and Labor of the Department of
State.
(C) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraphs
(A) and (B) are authorized to remain available until
expended.
SEC. 6. NEIGHBORING COUNTRIES OF SIERRA LEONE.
(a) Reports to Congress.--
(1) Arms flows.--Not later than 6 months after the date of
the enactment of this Act, the President shall transmit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report which provides information, including
measurable, credible, and verifiable evidence (to the extent
practicable), concerning the extent to which neighboring
countries of the Republic of Sierra Leone are involved in arms
flows into Sierra Leone.
(2) Sierra leonean minerals.--Not later than 6 months after
the date of the enactment of this Act, the President shall
transmit to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report which provides information, including
measurable, credible, and verifiable evidence (to the extent
practicable), concerning illicit sales of Sierra Leonean gold
and diamonds through neighboring countries of the Republic of
Sierra Leone.
(b) Notification by Secretary of State.--If a report transmitted by
the President pursuant to paragraph (1) or (2) of subsection (a)
contains measurable, credible, or verifiable evidence that a country is
involved in arms flows into Sierra Leone, or that a country is involved
in illicit sales of Sierra Leonean gold or diamonds through that
country, then the Secretary of State--
(1) shall take all necessary steps to initiate diplomatic
efforts to bring about the termination of such activities by
the country; and
(2) if the country has not ceased the proscribed activity
within 3 months of the initiation of such diplomatic efforts,
shall inform the country of the possibility that United States
foreign assistance for the country may be terminated or
suspended if the country does not cease the proscribed
activity.
(c) Assistance for Neighboring Countries.--United States assistance
may be provided to the central government of a neighboring country of
the Republic of Sierra Leone only if such government--
(1)(A) provides demonstrated support for the peace process
in the Republic of Sierra Leone in accordance with the Lome
Convention of July 7, 1999; and
(B) does not provide training or other support for the RUF/
AFRC forces or any other forces proscribed under the Lome
Convention; and
(2) cooperates with efforts to monitor arms flows to Sierra
Leone.
(3) United states assistance.--In this subsection, the term
``United States assistance'' means assistance of any kind which
is provided by grant, sale, loan, lease, credit, guaranty, or
insurance, or by any other means, by any agency or
instrumentality of the United States Government.
Passed the House of Representatives May 3, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | (Sec. 3) Authorizes appropriations to the President for FY 2001 for certain assistance under the Foreign Assistance Act of 1961 to the Sierra Leone DDR Trust Fund of the International Bank for Reconstruction and Development for demobilization, demilitarization, and reintegration assistance in Sierra Leone (but not for stipends to ex-combatants of the civil war in that country).
(Sec. 4) Authorizes appropriations to the President for FY 2001 for assistance to: (1) rebuild and strengthen the capacity of the judiciary in Sierra Leone; and (2) assist efforts to establish the rule of law and maintain law and order there.
Authorizes the President, beginning one year after the conclusion of free and fair elections in Sierra Leone, to provide expanded international military education and training assistance to the military forces and related civilian personnel of Sierra Leone under the Foreign Assistance Act of 1961 solely for the purpose of providing training relating to defense management, civil-military relations, law enforcement cooperation, and military justice.
(Sec. 5) Declares the sense of Congress in favor of a thorough and nonpartisan initiative to collect comprehensive and detailed information on human rights abuses by all parties to the conflict in Sierra Leone, including the identification of specific units, individuals, and commanders found to have been especially abusive. Calls upon the administration strongly to support: (1) an independent process of data collection on human rights abuses in Sierra Leone, for use by the Truth and Reconciliation Commission when it has been established; and (2) any future initiatives of international accountability for Sierra Leone.
Authorizes the President to provide assistance for the establishment and support of a Truth and Reconciliation Commission (TRC) to establish accountability for human rights abuses in Sierra Leone.
Authorizes the Secretary of State, acting through the Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, to collect human rights data with respect to Sierra Leone and assist the TRC.
Authorizes appropriations for FY 2001 for: (1) establishment and support of the TRC; and (2) human rights data collection.
(Sec. 6) Directs the President to report to specified congressional committees information, including measurable, credible, and verifiable evidence, concerning: (1) the extent to which countries neighboring on Sierra Leone are involved in arms flows into that country; and (2) illicit sales of Sierra Leonean gold and diamonds through neighboring countries.
Declares that, if such a report contains measurable, credible, or verifiable evidence that a country is involved in arms flows into Sierra Leone, or that a country is involved in illicit sales of Sierra Leonean gold or diamonds through that country, then the Secretary of State shall: (1) take all necessary steps to initiate diplomatic efforts to bring about the termination of such activities by the country; and (2) inform the country, if it has not ceased the proscribed activity within three months after initiation of such diplomatic efforts, that U.S. foreign assistance may be terminated or suspended if it does not cease such activity.
Authorizes U.S. assistance to the Central Government of a neighboring country if such government: (1) provides demonstrated support for the peace process in Sierra Leone in accordance with the Lome Convention of July 7, 1999; and (2) does not provide training or other support for the Revolutionary United Front (RUF) and the former Sierra Leonean army (AFRC) forces, or any other forces proscribed under the Lome Convention. Conditions assistance on such Government's cooperation with efforts to monitor arms flows to Sierra Leone. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neutral Cost Recovery Act for Small
Business''.
SEC. 2. INCREASED EXPENSING FOR SMALL BUSINESS.
(a) In General.--Paragraph (1) of section 179(b) of the Internal
Revenue Code of 1986 (relating to dollar limitation) is amended to read
as follows:
``(1) Dollar limitation.--The aggregate cost which may be
taken into account under subsection (a) for any taxable year
shall not exceed $75,000. The dollar amount otherwise
applicable under the preceding sentence for any taxable year
shall be reduced by the basis of property which is placed in
service during such year and which is taken into account under
section 168(k).''.
(b) Increase in Phaseout Threshold.--Paragraph (2) of section
179(b) of such Code (relating to reduction in limitation) is amended by
striking ``$200,000'' and inserting ``$325,000''.
(c) Certain Computer Software.--Paragraph (1) of section 179(d) of
such Code (defining section 179 property) is amended to read as
follows:
``(1) Section 179 property.--For purposes of this section,
the term `section 179 property' means property--
``(A) which is--
``(i) tangible property (to which section
168 applies), or
``(ii) computer software (as defined in
section 197(e)(3)(B)) which is described in
section 197(e)(3)(A)(i) and to which section
167 applies,
``(B) which is section 1245 property (as defined in
section 1245(a)(3)), and
``(C) which is acquired by purchase for use in the
active conduct of a trade or business.
Such term shall not include any property described in section
50(b) and shall not include air conditioning or heating
units.''.
(d) Inflation Adjustment of Dollar Limitation and Phaseout
Threshold.--Subsection (b) of section 179 of such Code is amended by
adding at the end the following new paragraph:
``(5) Inflation adjustments.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2003, the dollar
amounts in paragraphs (1) and (2) shall each be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting `calendar year 2002' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--
``(i) Dollar limitation.--If the amount in
paragraph (1) as increased under subparagraph
(A) is not a multiple of $1,000, such amount
shall be rounded to the nearest multiple of
$1,000.
``(ii) Phaseout amount.--If the amount in
paragraph (2) as increased under subparagraph
(A) is not a multiple of $10,000, such amount
shall be rounded to the nearest multiple of
$10,000.''.
(e) Revocation of Election.--Paragraph (2) of section 179(c) of
such Code (relating to election irrevocable) is amended to read as
follows:
``(2) Revocation of election.--The taxpayer may revoke an
election under paragraph (1), and any specification contained
in any such election, with respect to any property. Such
revocation, once made, shall be irrevocable.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 3. NEUTRAL COST RECOVERY DEPRECIATION ADJUSTMENT FOR CERTAIN
PROPERTY PLACED IN SERVICE AFTER DECEMBER 31, 2003.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end thereof the following new subsection:
``(k) Deduction Adjustment To Allow Equivalent of Expensing for
Certain Property Placed in Service After December 31, 2003.--
``(1) In general.--In the case of property placed in
service after December 31, 2003, that the taxpayer would (but
for the second sentence of section 179(b)(1)) be eligible to
fully expense under section 179, the deduction under this
section with respect to such property--
``(A) shall be determined by substituting `150
percent' for `200 percent' in subsection (b)(1) in the
case of property to which the 200 percent declining
balance method would otherwise apply, and
``(B) for any taxable year after the taxable year
during which the property is placed in service shall
be--
``(i) the amount determined under this
section for such taxable year without regard to
this subparagraph, multiplied by
``(ii) the applicable neutral cost recovery
ratio for such taxable year.
``(2) Applicable neutral cost recovery ratio.--For purposes
of paragraph (1)--
``(A) In general.--The applicable neutral cost
recovery ratio for the property for any taxable year is
the number determined by--
``(i) dividing--
``(I) the gross domestic product
deflator for the calendar quarter
ending in such taxable year which
corresponds to the calendar quarter
during which the property was placed in
service by the taxpayer, by
``(II) the gross domestic product
deflator for the calendar quarter
during which the property was placed in
service by the taxpayer, and
``(ii) then multiplying the number
determined under clause (i) by the number equal
to 1.035 to the nth power where `n' is the
number of full years in the period beginning on
the 1st day of the calendar quarter during
which the property was placed in service by the
taxpayer and ending on the day before the
beginning of the corresponding calendar quarter
ending during such taxable year.
The applicable neutral cost recovery ratio shall never
be less than 1. The applicable neutral cost recovery
ratio shall be rounded to the nearest \1/1000\.
``(B) Special rule for certain property.--In the
case of property described in paragraph (2) or (3) of
subsection (b) or in subsection (g), the applicable
neutral cost recovery ratio shall be determined without
regard to subparagraph (A)(ii).
``(3) Gross domestic product deflator.--For purposes of
paragraph (2), the gross domestic product deflator for any
calendar quarter is the implicit price deflator for the gross
domestic product for such quarter (as shown in the first
revision thereof).
``(4) Election not to have subsection apply.--This
subsection shall not apply to any property if the taxpayer
elects not to have this subsection apply to such property. Such
an election, once made, shall be irrevocable.
``(5) Churning transactions.--This subsection shall not
apply to any property if this section would not apply to such
property were subsection (f)(5)(A)(ii) applied by substituting
`2004' for `1981' and `2003' for `1980'.
``(6) Additional deduction not to affect basis or
recapture.--
``(A) In general.--The additional amount determined
under this section by reason of this subsection shall
not be taken into account in determining the adjusted
basis of any property or of any interest in a pass-thru
entity which holds such property and shall not be
treated as a deduction for depreciation for purposes of
sections 1245 and 1250.
``(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) Minimum Tax Treatment.--
(1) Paragraph (1) of section 56(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(E) Use of neutral cost recovery ratio.--In the
case of property to which section 168(k) applies and
which is placed in service after December 31, 2003, the
deduction allowable under this paragraph with respect
to such property for any taxable year (after the
taxable year during which the property is placed in
service) shall be--
``(i) the amount so allowable for such
taxable year without regard to this
subparagraph, multiplied by
``(ii) the applicable neutral cost recovery
ratio for such taxable year (as determined
under section 168(k)).
This subparagraph shall not apply to any property with
respect to which there is an election in effect not to
have section 168(k)) apply.''
(2) Subparagraph (C) of section 56(g)(4) of such Code is
amended by adding at the end the following new clause:
``(v) Neutral cost recovery deduction.--
Clause (i) shall not apply to the additional
deduction allowable by reason of section
168(k).''
(c) Coordination With Depreciation Limitation on Certain
Automobiles.--Clause (i) of section 280F(a)(1)(B) of such Code is
amended by adding at the end the following new sentence: ``For purposes
of this clause, the unrecovered basis of any passenger automobile shall
be treated as including the additional amount determined under section
168 by reason of subsection (k) thereof to the extent not allowed as a
deduction by reason of this paragraph for any taxable year in the
recovery period.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2003. | Neutral Cost Recovery Act for Small Business - Amends the Internal Revenue Code to: (1) provide for increased expensing for small businesses; and (2) require that the depreciation deduction for certain property placed in service after 2003 be computed using neutral cost recovery ratios. | billsum_train |
Condense the following text into a summary: SECTION 1. LOCAL WELLNESS POLICY; HEALTHY HABITS CHALLENGE PROGRAM.
The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended
by inserting after section 19, the following:
``SEC. 19A. LOCAL WELLNESS POLICY; HEALTHY HABITS CHALLENGE PROGRAM.
``(a) Local Wellness Policy.--
``(1) In general.--Not later than the first day of the
school year beginning after June 30, 2010, each local
educational agency participating in a program authorized by the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) shall establish or expand a local school wellness policy
for schools under the local educational agency that, at a
minimum--
``(A) includes goals for nutrition education,
physical activity, and other school-based activities
that are designed to promote student wellness in a
manner that the local educational agency determines is
appropriate;
``(B) includes nutrition guidelines selected by the
local educational agency for all foods available on
each school campus under the local educational agency
during the school day with the objectives of promoting
student health and reducing childhood obesity;
``(C) provides an assurance that guidelines for
reimbursable school meals shall not be less restrictive
than regulations and guidance issued by the Secretary
pursuant to subsections (a) and (b) of section 10 of
this Act and sections 9(f)(1) and 17(a) of the Richard
B. Russell National School Lunch Act (42 U.S.C.
1758(f)(1), 1766(a)), as those regulations and guidance
apply to schools;
``(D) establishes a plan for measuring
implementation of the local wellness policy, including
designation of 1 or more persons within the local
educational agency or at each school, as appropriate,
charged with operational responsibility for ensuring
that the school meets the local wellness policy; and
``(E) involves parents, students, representatives
of the school food authority, the school board, school
administrators, and the public in the development of
the school wellness policy.
``(2) Technical assistance and best practices.--
``(A) In general.--From the amounts appropriated to
carry out this paragraph, the Secretary, in
coordination with the Secretary of Education and in
consultation with the Secretary of Health and Human
Services, acting through the Centers for Disease
Control and Prevention, shall make available to local
educational agencies, school food authorities, and
State educational agencies, on request, information and
technical assistance for use in--
``(i) establishing healthy school nutrition
environments;
``(ii) reducing childhood obesity; and
``(iii) preventing diet-related chronic
diseases.
``(B) Content.--Technical assistance provided by
the Secretary under this paragraph shall--
``(i) include relevant and applicable
examples of schools and local educational
agencies that have taken steps to offer healthy
options for foods sold or served in schools;
``(ii) include such other technical
assistance as is required to carry out the
goals of promoting sound nutrition and
establishing healthy school nutrition
environments that are consistent with this
subsection;
``(iii) be provided in such a manner as to
be consistent with the specific needs and
requirements of local educational agencies;
``(iv) providing examples of model local
school wellness policies developed by the
Secretary; and
``(v) be for guidance purposes only and not
be construed as binding or as a mandate to
schools, local educational agencies, school
food authorities, or State educational
agencies.
``(b) Healthy Habits School Challenge Program.--
``(1) Program established.--From the amounts appropriated
to carry out this section, not later than 180 days after the
date of the enactment of this section, the Secretary shall
establish the Healthy Habits School Challenge Program (in this
subsection referred to as the `Program') to reduce childhood
obesity by recognizing schools that are creating healthier
school environments for children by promoting good nutrition
and physical activity.
``(2) Participation requirements.--In order to receive
recognition under the Program, a school shall--
``(A) demonstrate to the Secretary, at such time
and in such manner as the Secretary may require, that
the school--
``(i) has adopted and is carrying out the
model local school wellness policy described by
the Secretary under subsection (a)(2)(B)(iv);
``(ii) provides nutrition education--
``(I) in the case of an elementary
school that offers more than 1 grade
level, to students in at least half,
but not fewer than 2, of the grade
levels offered by the school;
``(II) in the case an elementary
school that offers only 1 grade level,
to all students enrolled in the school;
``(III) in the case of a middle
school, to students in at least 1 grade
level as part of a required year round
instruction; and
``(IV) in the case of a high
school, in at least 2 courses required
for graduation;
``(iii) in the case of an elementary school
or middle school, provides students with
structured physical education classes and
unstructured daily opportunities for physical
activity;
``(iv) in the case of a high school--
``(I) offers structured physical
education classes to students in at
least 2 grade levels; and
``(II) provides all students
enrolled in the school opportunities to
participate in physical activity
throughout the school year; and
``(v) adheres to the most recent nutrition
rules promulgated by the Secretary--
``(I) under section 9(a)(4) of the
Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(a)(4)) for
foods and food ingredients offered in
school nutrition programs under the
Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) and
this Act; and
``(II) for foods and food
ingredients offered by schools outside
of the programs; and
``(B) maintain a record of the participation of
students in the activities under the benchmarks
developed by the Secretary under paragraph (3) and the
number of the benchmarks achieved by the school, and
submit a report of such record to the Secretary at such
time and in such manner as the Secretary may require.
``(3) Benchmarks.--Not later than 90 days after the date of
the enactment of this subsection, the Secretary shall develop
demonstrable benchmarks for schools participating in the
Program under this subsection, which shall take into account--
``(A) the consumption by students at participating
schools of a certain number of fresh fruits and
vegetables per a certain number of weeks; and
``(B) the availability of healthy alternatives for
meals and snacks in the cafeteria of participating
schools, including whole wheat bread products and fresh
fruits and vegetables.
``(4) Performance awards.--The Secretary and the Secretary
of Education shall, jointly, determine which benchmarks should
be achieved to receive distinction under the Program, and the
levels of distinction available under the Program.
``(5) Definitions.--In this subsection:
``(A) Elementary school.--The term `elementary
school' has the meaning given such term in section 9101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(B) Middle school.--The term `middle school'
means a public school in which the entering grade is
not lower than grade 6 and the highest grade is not
higher than grade 8, as determined under State law.
``(C) High school.--The term `high school' means a
public school in which the entering grade is not lower
than grade 9 and the highest grade is grade 12, as
determined under State law.''.
SEC. 2. UPDATING NUTRITION RULES.
Section 9(a)(4) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(a)(4)) is amended by adding at the end the following:
``(C) Updating nutrition rules.--From the amounts
appropriated to carry out this subparagraph, the
Secretary shall enter into a contract with the
Institute of Medicine to provide recommendations to the
Secretary on updating the rules promulgated under
subparagraph (B).''.
SEC. 3. CONFORMING AMENDMENT.
Section 204 of the Child Nutrition and WIC Reauthorization Act of
2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed. | Amends the Child Nutrition Act of 1966 to require local educational agencies (LEA) participating in the school lunch or breakfast programs to establish or expand a local school wellness policy for their schools that: (1) includes goals for nutrition education, physical activity, and other school-based activities that promote student wellness; (2) includes nutrition guidelines for all foods in school during the day that promote student health and reduce childhood obesity; (3) ensures that the dietary guidelines for reimbursable school meals are no less restrictive than those issued by the Secretary of Agriculture under the school lunch program; (4) provides for the measurement and oversight of the policy's implementation; and (5) involves parents, students, the school food authority, the school board, school administrators, and the public in its development.
Directs the Secretary to provide LEAs, school food authorities, and states, on request, information and technical assistance in: (1) establishing healthy school nutrition environments; (2) reducing childhood obesity; and (3) preventing diet-related chronic diseases.
Directs the Secretary to establish the Healthy Habits School Challenge program to reduce childhood obesity by recognizing schools that are creating healthier school environments for children by promoting good nutrition and physical activity. Requires such schools to adopt a model school wellness policy developed by the Secretary.
Requires the Secretary to contract with the Institute of Medicine to provide the Secretary with recommendations for updating the nutrition rules for the school lunch and breakfast programs. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institutions Examination
Fairness and Reform Act''.
SEC. 2. 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. 3. EXAMINATION STANDARDS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 2, is further amended
by adding at the end the following:
``SEC. 1013. EXAMINATION STANDARDS.
``(a) In General.--In the examination of a financial institution--
``(1) a commercial loan shall not be placed in non-accrual
status solely because the collateral for such loan has
deteriorated in value;
``(2) a modified or restructured commercial loan shall be
removed from non-accrual status if the borrower demonstrates
the ability to perform on such loan over a maximum period of 6
months, except that with respect to loans on a quarterly,
semiannual, or longer repayment schedule such period shall be a
maximum of 3 consecutive repayment periods;
``(3) a new appraisal on a performing commercial loan shall
not be required unless an advance of new funds is involved; and
``(4) in classifying a commercial loan in which there has
been deterioration in collateral value, the amount to be
classified shall be the portion of the deficiency relating to
the decline in collateral value and repayment capacity of the
borrower.
``(b) Well Capitalized Institutions.--The Federal financial
institutions regulatory agencies may not require a financial
institution that is well capitalized to raise additional capital in
lieu of an action prohibited under subsection (a).
``(c) Consistent Loan Classifications.--The Federal financial
institutions regulatory agencies shall develop and apply identical
definitions and reporting requirements for non-accrual loans.''.
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. 1014. 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) Staffing.--The Director is authorized to hire staff to
support the activities of the Office.
``(d) 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) 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 1015; 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.
``(e) 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. 1015. 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) be deemed 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) 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 in the United States Court of Appeals for the
District of Columbia Circuit or the Circuit in which the financial
institution is located.
``(f) 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.
``(g) 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.
``(h) 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, 1014,
and 1015, includes the Bureau of Consumer Financial
Protection;''; and
(2) in section 1005, by striking ``One-fifth'' and
inserting ``One-fourth''. | . Financial Institutions Examination Fairness and Reform Act (Sec. 2) This bill amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days after the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. The bill sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. (Sec. 3) Examination standards are prescribed for financial institutions that: prescribe requirements and prohibitions for the treatment of certain commercial loans, prohibit a federal financial institution regulatory agency from requiring a well-capitalized financial institution to raise additional capital in lieu of certain actions prohibited with respect to such commercial loans, and require federal financial institutions regulatory agencies to develop and apply identical definitions and reporting requirements for non-accrual loans. (Sec. 4) The bill establishes in the Federal Financial Institutions Examination Council (FFIEC) the Office of Independent Examination Review, headed by a director appointed by the FFIEC, but independent from any member agency of the FFIEC. (Sec. 5) Financial institutions may appeal a material supervisory determination contained in a final report of examination. The director must determine the merits of the appeal on the record, or, at the election of the financial institution, refer the appeal to an administrative law judge. The director's decision on an appeal shall: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Financial institutions may also petition for judicial review of the director's decision. The bill prohibits a federal financial institutions regulatory agency from: retaliating against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this bill; or delaying or denying any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this bill is pending. (Sec. 6) The Riegle Community Development and Regulatory Improvement Act of 1994 is amended to require: the Consumer Financial Protection Bureau to establish an independent intra-agency appellate process in connection with the regulatory appeals process, and safeguards to protect an insured depository institution or insured credit union from retaliation by any federal banking agency for exercising its rights. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Response Employees Disease
Protection Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Hepatitis C is a blood-borne pathogen that is a major
cause of chronic liver disease. According to the American Liver
Foundation, approximately 1.8 percent of the general population
is infected with the disease.
(2) There is no known cure for hepatitis C.
(3) Emergency response employees and volunteers of units of
local government (such as firefighters, paramedics, and
emergency medical technicians) are at high risk of contracting
the disease due to the unique nature of their jobs.
(4) The only emergency response organization that has a
comprehensive program to test all of its members for hepatitis
C is Local 22 of the International Association of Fire
Fighters, representing the firefighters of the City of
Philadelphia.
(5) According to these tests, 130 of 2,100 firefighters
tested positive for the disease, which is approximately 6
percent of those tested.
(6) The City of Philadelphia recently made a decision to
commit $3,000,000 each year to provide treatment for 200
employees infected with the disease. Philadelphia is the only
major city to devote such resources to the epidemic of
hepatitis C among emergency response employees.
(7) The Federal government should provide for a study to
determine the prevalence of hepatitis C among firefighters,
paramedics, and emergency medical technicians who are employees
or volunteers of units of local government, and should provide
for demonstration projects to provide training, testing, and
treatment regarding cases of the disease among such employees
and volunteers.
SEC. 3. STUDY AND DEMONSTRATION PROJECTS REGARDING CASES OF HEPATITIS C
AMONG CERTAIN EMERGENCY RESPONSE EMPLOYEES.
(a) Study Regarding Prevalence Among Certain Emergency Response
Employees.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in
consultation with the Secretary of Labor, shall conduct a study
to determine--
(A) an estimate of the prevalence of hepatitis C
among designated emergency response employees in the
United States; and
(B) the likely means through which such employees
become infected with such disease in the course of
performing their duties as such employees.
(2) Designated emergency response employees.--For purposes
of this section, the term ``designated emergency response
employees'' means firefighters, paramedics, and emergency
medical technicians who are employees or volunteers of units of
local government.
(3) Date certain for completion; report to congress.--The
Secretary shall commence the study under paragraph (1) not
later than 90 days after the date of the enactment of this Act.
Not later that one year after such date, the Secretary shall
complete the study and submit to the Congress a report
describing the findings of the study.
(b) Demonstrations Projects Regarding Training and Treatment.--
(1) In general.--The Secretary, in consultation with the
Secretary of Labor, shall make grants to qualifying local
governments for the purpose of carrying out demonstration
projects that (directly or through arrangements with nonprofit
private entities) carry out each of the following activities:
(A) Training designated emergency response
employees in minimizing the risk of infection with
hepatitis C in performing their duties as such
employees.
(B) Testing such employees for infection with the
disease.
(C) Treating the employees for the disease.
(2) Qualifying local governments.--For purposes of this
section, the term ``qualifying local government'' means a unit
of local government whose population of designated emergency
response employees has a prevalence of hepatitis C that is not
less than 200 percent of the national average for the
prevalence of such disease in such populations.
(3) Confidentiality.--A grant may be made under paragraph
(1) only if the qualifying local government involved agrees to
ensure that information regarding the testing or treatment of
designated emergency response employees pursuant to the grant
is maintained confidentially in a manner not inconsistent with
applicable law.
(4) Evaluations.--The Secretary shall provide for an
evaluation of each demonstration project under paragraph (1) in
order to determine the extent to which the project has been
effective in carrying out the activities described in such
paragraph.
(5) Report to congress.--Not later than 180 days after the
date on which all grants under paragraph (1) have been
expended, the Secretary shall submit to the Congress a report
providing--
(A) a summary of evaluations under paragraph (4);
and
(B) the recommendations of the Secretary for
administrative or legislative initiatives regarding the
activities described in paragraph (1).
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $10,000,000
for fiscal year 2001. | Directs the Secretary to make grants to qualifying local governments for purposes of carrying out demonstration projects that: (1) train such employees in minimizing the risk of infection of hepatitis C in performing their duties; and (2) test such employees for infection with, and treat them for, the disease. Defines "qualifying local government" as a local government whose population of designated emergency response employees has a prevalence of hepatitis C that is not less than 200 percent of the national average for the prevalence of such disease in such populations. Conditions such grants on the local government maintaining confidentiality of information regarding testing or treatment. Requires the Secretary to report to Congress on evaluations of such projects and provide recommendations for administrative or legislative initiatives regarding project activities.
Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospitals Education and
Research Act of 1999''.
SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) Payments.--
(1) In general.--The Secretary shall make payments under
this section to each children's hospital for each hospital cost
reporting period under the medicare program beginning in or
after fiscal year 2000 and before fiscal year 2004 for the--
(A) direct expenses associated with operating
approved medical residency training programs; and
(B) indirect expenses associated with the treatment
of more severely ill patients and the additional costs
related to the teaching of residents.
(2) Payment amounts.--Subject to paragraph (3), the
following amounts shall be payable under this section to a
children's hospital for a cost reporting period described in
paragraph (1):
(A) Direct expenses.--The amount determined under
subsection (b) for direct expenses described in
paragraph (1)(A).
(B) Indirect expenses.--The amount determined under
subsection (c) for indirect expenses described in
paragraph (1)(B)
(3) Capped amount.--
(A) In general.--The payments to children's
hospitals established in this subsection for cost
reporting periods ending in any fiscal year shall not
exceed the funds appropriated under subsection (e) for
that fiscal year.
(B) Pro rata reductions of payments for direct
expenses.--If the Secretary determines that the amount
of funds appropriated under subsection (e)(1) for cost
reporting periods ending in any fiscal year is
insufficient to provide the total amount of payments
otherwise due for such periods, the Secretary shall
reduce each of the amounts payable under this section
pursuant to paragraph (2)(A) for such period on a pro
rata basis to reflect such shortfall.
(b) Amount of Payment for Direct Medical Education.--
(1) In general.--The amount determined under this
subsection for payments to a children's hospital for direct
expenses relating to approved medical residency training
programs for a cost reporting period beginning in or after
fiscal year 2000 and before fiscal year 2004 is equal to the
product of--
(A) the updated per resident amount for direct
medical education, as determined under paragraph (2),
for the cost reporting period; and
(B) the number of full-time equivalent residents in
the hospital's approved medical residency training
programs (as determined under section 1886(h)(4) of the
Social Security Act (42 U.S.C. 1395ww(h)(4))) for the
cost reporting period.
(2) Updated per resident amount for direct medical
education.--The updated per resident amount for direct medical
education for a hospital for a cost reporting period ending in
a fiscal year is an amount equal to the per resident amount for
cost reporting periods ending during fiscal year 1999 for the
hospital involved (as determined by the Secretary using the
methodology described in section 1886(h)(2)(E)) of such Act (42
U.S.C. 1395ww(h)(2)(E))) increased by the percentage increase
in the Consumer Price Index for All Urban Consumers (United
States city average) from fiscal year 1999 through the fiscal
year involved.
(c) Amount of Payment for Indirect Medical Education.--
(1) In general.--The amount determined under this
subsection for payments to a children's hospital for indirect
expenses associated with the treatment of more severely ill patients
and the additional costs related to the teaching of residents for a
cost reporting period beginning in or after fiscal year 2000 and before
fiscal year 2004 is equal to an amount determined appropriate by the
Secretary.
(2) Factors.--In determining the amount under paragraph
(1), the Secretary shall--
(A) take into account variations in case mix among
children's hospitals and the number of full-time
equivalent residents in the hospitals' approved medical
residency training programs for the cost reporting
period; and
(B) assure that the aggregate of the payments for
indirect expenses associated with the treatment of more
severely ill patients and the additional costs related
to the teaching of residents under this section in a
fiscal year are equal to the amount appropriated for
such expenses in such year under subsection (e)(2).
(d) Making of Payments.--
(1) Interim payments.--The Secretary shall estimate, before
the beginning of each cost reporting period for a hospital for
which the payments may be made under this section, the amounts
of the payments for such period and shall (subject to paragraph
(2)) make the payments of such amounts in 26 equal interim
installments during such period.
(2) Withholding.--The Secretary shall withhold up to 25
percent from each interim installment paid under paragraph (1).
(3) Reconciliation.--At the end of each such period, the
hospital shall submit to the Secretary such information as the
Secretary determines to be necessary to determine the percent
(if any) of the total amount withheld under paragraph (2) that
is due under this section for the hospital for the period.
Based on such determination, the Secretary shall recoup any
overpayments made, or pay any balance due. The amount so
determined shall be considered a final intermediary
determination for purposes of applying section 1878 of the
Social Security Act (42 U.S.C. 1395oo) and shall be subject to
review under that section in the same manner as the amount of
payment under section 1886(d) of such Act (42 U.S.C. 1395ww(d))
is subject to review under such section.
(e) Limitation on Expenditures.--
(1) Direct medical education.--
(A) In general.--Subject to subparagraph (B), there
are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for payments under
this section for direct expenses relating to approved
medical residency training programs for cost reporting
periods beginning in--
(i) fiscal year 2000, $35,000,000;
(ii) fiscal year 2001, $95,000,000;
(iii) fiscal year 2002, $95,000,000; and
(iv) fiscal year 2003, $95,000,000.
(B) Carryover of excess.--If the amount of payments
under this section for cost reporting periods beginning
in fiscal year 2000, 2001, or 2002 is less than the
amount provided under this paragraph for such payments
for such periods, then the amount available under this
paragraph for cost reporting periods beginning in the
following fiscal year shall be increased by the amount
of such difference.
(2) Indirect medical education.--There are hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, for payments under this section for indirect
expenses associated with the treatment of more severely ill
patients and the additional costs related to the teaching of
residents for cost reporting periods beginning in--
(A) fiscal year 2000, $65,000,000;
(B) fiscal year 2001, $190,000,000;
(C) fiscal year 2002, $190,000,000; and
(D) fiscal year 2003, $190,000,000.
(f) Relation to Medicare and Medicaid Payments.--Notwithstanding
any other provision of law, payments under this section to a hospital
for a cost reporting period--
(1) are in lieu of any amounts otherwise payable to the
hospital under section 1886(h) or 1886(d)(5)(B) of the Social
Security Act (42 U.S.C. 1395ww(h); 1395ww(d)(5)B)) to the
hospital for such cost reporting period, but
(2) shall not affect the amounts otherwise payable to such
hospitals under a State medicaid plan under title XIX of such
Act (42 U.S.C. 1396 et seq.).
(g) Definitions.--In this section:
(1) Approved medical residency training program.--The term
``approved medical residency training program'' has the meaning
given such term in section 1886(h)(5)(A) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(A)).
(2) Children's hospital.--The term ``children's hospital''
means a hospital described in section 1886(d)(1)(B)(iii) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)).
(3) Direct graduate medical education costs.--The term
``direct graduate medical education costs'' has the meaning
given such term in section 1886(h)(5)(C) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(C)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) from FY 2000 through FY 2003 for the direct and indirect expenses associated with operating approved medical residency training programs.
Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan.
Makes appropriations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smarter Sentencing Act of 2013''.
SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS.
Section 3553(f)(1) of title 18, United States Code, is amended by
striking ``defendant'' and all that follows through ``point'' and
inserting ``criminal history category for the defendant is not higher
than category 2''.
SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING ACT.
(a) Definition of Covered Offense.--In this section, the term
``covered offense'' means a violation of a Federal criminal statute,
the statutory penalties for which were modified by section 2 or 3 of
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372),
that was committed before August 3, 2010.
(b) Defendants Previously Sentenced.--A court that imposed a
sentence for a covered offense, may, on motion of the defendant, the
Director of the Bureau of Prisons, the attorney for the Government, or
the court, impose a reduced sentence as if sections 2 and 3 of the Fair
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in
effect at the time the covered offense was committed.
(c) Limitations.--No court shall entertain a motion made under this
section to reduce a sentence if the sentence was previously imposed or
previously reduced in accordance with the amendments made by sections 2
and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat.
2372) or if a motion made under this section to reduce the sentence was
previously denied. Nothing in this section shall be construed to
require a court to reduce any sentence pursuant to this section.
SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.
(a) Controlled Substances Act.--Section 401(b)(1) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A), in the flush text following clause
(viii)--
(A) by striking ``10 years or more'' and inserting
``5 years or more''; and
(B) by striking ``such person shall be sentenced to
a term of imprisonment which may not be less than 20
years and'' and inserting ``such person shall be
sentenced to a term of imprisonment which may not be
less than 10 years and''; and
(2) in subparagraph (B), in the flush text following clause
(viii)--
(A) by striking ``5 years'' and inserting ``2
years''; and
(B) by striking ``not be less than 10 years'' and
inserting ``not be less than 5 years''.
(b) Controlled Substances Import and Export Act.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b))
is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H)--
(A) by striking ``not less than 10 years'' and
inserting ``not less than 5 years''; and
(B) by striking ``such person shall be sentenced to
a term of imprisonment of not less than 20 years'' and
inserting ``such person shall be sentenced to a term of
imprisonment of not less than 10 years''; and
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by striking ``5 years'' and inserting ``2
years''; and
(B) by striking ``10 years'' and inserting ``5
years''.
SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend, if appropriate, its guidelines and its policy statements
applicable to persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of the
Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure
that the guidelines and policy statements are consistent with the
amendments made by sections 2 and 4 of this Act and reflect the intent
of Congress that such penalties be decreased in accordance with the
amendments made by section 4 of this Act.
(b) Considerations.--In carrying out this section, the United
States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing Commission;
(5) the intent of Congress that penalties for violent and
serious drug traffickers who present public safety risks remain
appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing Commission
shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable, and
in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C.
994 note), as though the authority under that Act had not
expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
SEC. 6. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of enactment of this Act,
the Attorney General shall submit to the Committees on the Judiciary of
the House of Representatives and the Senate a report outlining how the
reduced expenditures on Federal corrections and the cost savings
resulting from this Act will be used to help reduce overcrowding in the
Federal Bureau of Prisons, help increase proper investment in law
enforcement and crime prevention, and help reduce criminal recidivism,
thereby increasing the effectiveness of Federal criminal justice
spending. | Smarter Sentencing Act of 2013 - Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two. (Currently, the court may disregard the statutory minimum if the defendant does not have more than one criminal history point.) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances. Directs the Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity, (2) fiscal implications of changes, (3) relevant public safety concerns, (4) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe, and (5) the need to reduce and prevent racial disparities in sentencing. Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harriet `Moses' Tubman Congressional
Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) An integral part of the fight for abolition of slavery,
Harriet Tubman, was born into slavery as Araminta ``Minty''
Harriet Ross in Dorchester County, Maryland, to Harriet ``Rit''
Green and Ben Ross.
(2) Neither an exact year nor exact location of her birth
is known as is the case with many slaves in the United States,
but historians estimate her birth year to be around 1820.
(3) Araminta's hardships began early with the fracturing of
her family as three of her eight siblings were sold to distant
plantations in addition to enduring physical violence that
caused permanent injuries from: scars, seizures, headaches, and
narcoleptic episodes with intense dream states.
(4) Many historians believe that the story of Araminta's
mother, Rit, hiding her younger brother ``Moses'' with the aid
of other slaves and free blacks in the community from a Georgia
slave trader to be the pivotal example of resistance that would
drive her actions in the future.
(5) Furthermore, the meaning of freedom was ambiguous and
unsecure as Araminta's father, Ben, through an act of
manumission in a former owner's will was technically freed at
the age of 45.
(6) Despite Ben's freedom and the manumission stipulations
that applied to his wife and their children, Ben held little
clout to challenge the owners that chose not to free his family
and had no choice but to continue working for his former
owners.
(7) Around 1844, Araminta married a freedman named John
Tubman, took her mother's first name Harriet, and began
planning her escape from slavery.
(8) In the cover of night guided by the North Star, Harriet
escaped by traveling nearly 90 miles to Pennsylvania in 1849 by
means of the Underground Railroad, a well-organized network
guided by White abolitionists, freed, and enslaved Blacks.
(9) The following year, the U.S. Congress passed the
Fugitive Slave Law of 1850 that called for both ``slave'' and
``free'' States' law enforcement to report runaway slaves for
capture.
(10) Nevertheless, Harriet did not yield to the growing
danger and risked her own newly acquired freedom to return to
free her family and other slaves while redirecting the
Underground Railroad to Canada, which prohibited slavery.
(11) Harriet's leadership and courage earned her the
nickname of ``Moses'' as she facilitated the freedom of many
slaves and would also encounter other historical figures such
as abolitionist John Brown and likely Frederick Douglass.
(12) During the Civil War, Harriet would have many roles
working for the Union Army which included using her experience
to act as an armed scout and spy.
(13) Harriet was the first woman in the Civil War to lead
an armed expedition, which liberated more than 700 slaves
during the Combahee River Raid in South Carolina earning her
the moniker ``General Tubman''.
(14) In 1859, Republican abolitionist U.S. Senator William
H. Seward sold Harriet a piece of land on the outskirts of
Auburn, New York.
(15) Harriet's home in Auburn would remain her haven for
family and friends following the war with a portion of the
property donated to the African Methodist Episcopal Church
where the Harriet Tubman Home for the Aged opened in 1908.
(16) Harriet's efforts for equality did not cease as she
became an advocate to the cause of women's suffrage.
(17) In 1913, Harriet's death was commemorated with
military honors at Fort Hill Cemetery in Auburn, New York.
(18) In 2014, President Barack Obama signed into law the
National Defense Authorization Act for 2015, which included a
provision establishing a Harriet Tubman National Historical
Park.
(19) It is befitting that Congress bestow the highest
civilian honor, the Congressional Gold Medal, to Harriet
``Moses'' Tubman, posthumously in honor of her work on behalf
of civil rights, her selflessness, resilience to adversity, and
actions during the Civil War that would save the lives of
hundreds.
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
Harriet Tubman, in recognition of her contributions and lifelong
commitment in the fight for freedom of enslaved men, women, and
children in the United States.
(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.
(c) Award of Medal.--Following the award of the gold medal in
commemoration of Harriet Tubman under subsection (a), the medal shall
be given to the Harriet Tubman National Historical Park in Auburn, New
York, her final resting place, where it shall be available for display
or temporary loan to be displayed elsewhere, as appropriate.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to 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 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. | Harriet "Moses" Tubman Congressional Gold Medal Act Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation of a Congressional Gold Medal in commemoration of Harriet Tubman in recognition of her contributions and lifelong commitment in the fight for freedom of enslaved men, women, and children in the United States. Requires the medal, following its award, to be given to the Harriet Tubman National Historical Park in Auburn, New York, for display there or for temporary display elsewhere. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; REFERENCES TO PPACA.
(a) Short Title.--This Act may be cited as the ``Medicare Firewall
Act of 2011''.
(b) References.--In this Act, the term ``PPACA'' means the Patient
Protection and Affordable Care Act (Public Law 111-148), as amended by
the Health Care and Education Reconciliation Act of 2010 (Public Law
111-152).
SEC. 2. DEFUNDING OF CERTAIN PPACA PROVISIONS TO RESTORE FUNDING TO
MEDICARE TRUST FUNDS.
(a) Defunding New Duties for Consensus-Based Entities and Multi-
Stakeholder Group Input (Section 3014(c)).--
(1) In general.--Section 3014(c) of PPACA is amended--
(A) by striking ``through 2014'' and inserting
``through 2011''; and
(B) by striking ``shall remain available until
expended'' and inserting ``shall remain available
through the date of the enactment of the Medicare
Firewall Act of 2011''.
(2) Restoration to medicare trust funds of unobligated
amounts that were transferred.--Of the funds transferred under
such section on or before the date of the enactment of this
Act, the unobligated balance shall be transferred back into the
Medicare Trust Fund or Funds from which it was transferred.
(b) Defunding of Independence at Home Demonstration Program
(Section 3024).--
(1) In general.--Subsection (h) of section 1866E of the
Social Security Act (42 U.S.C. 1395cc-5), as inserted by
section 3024 of PPACA, is amended--
(A) by striking ``2015'' and inserting ``2011'';
and
(B) by striking ``shall be available until
expended'' and inserting ``shall be available through
the date of the enactment of the Medicare Firewall Act
of 2011''.
(2) Restoration to medicare trust funds of unobligated
amounts that were transferred.--Of the funds transferred under
such section 1866D(h) on or before the date of the enactment of
this Act, the unobligated balance shall be transferred back
into the Medicare Trust Fund or Funds from which it was
transferred.
(c) Defunding Community-Based Care Transitions Program (Section
3026).--
(1) In general.--Section 3026(f) of PPACA is amended--
(A) by striking ```the period of fiscal years 2011
through 2015''' and inserting ``fiscal year 2011''; and
(B) by striking ``shall remain available until
expended'' and inserting ``shall remain available
through the date of the enactment of the Medicare
Firewall Act of 2011''.
(2) Rescission of unobligated balance.--Of the funds
transferred under such section on or before the date of the
enactment of this Act, the unobligated balance shall be
transferred back into the Medicare Trust Fund or Funds from
which it was transferred.
(d) Defunding Demonstration Project on Separate Payments for
Complex Diagnostic Laboratory Tests (Section 3113).--
(1) In general.--Section 3113(b) of PPACA is amended by
inserting after ``July 1, 2011'' the following: ``, except that
the Secretary shall terminate such project as soon as possible
after the date of the enactment of the Medicare Firewall Act of
2011.''.
(2) Rescission of unobligated balance.--Of the payments
made under such section on or before the date of the enactment
of this Act, the unobligated balance shall be transferred back
into the Medicare Trust Fund or Funds from which it was
transferred.
(e) Defunding Outreach and Assistance for Low-Income Programs
(Section 3306).--
(1) In general.--Subsections (a)(1)(B), (b)(1)(B),
(c)(1)(B), and (d)(1)(B) of section 119 of the Medicare
Improvements for Patients and Providers Act of 2008 (42 U.S.C.
1395b-3 note), as amended by section 3306 of PPACA, are each
amended--
(A) in clause (ii), by striking ``through 2012''
and inserting ``and 2011''; and
(B) by striking ``shall remain available until
expended'' and inserting ``shall remain available
through the date of the enactment of the Medicare
Firewall Act of 2011''.
(2) Rescission of unobligated balance.--Of the amounts
transferred under such subsections on or before the date of the
enactment of this Act, the unobligated balances shall be
transferred back into the Medicare Trust Fund or Funds from
which it was transferred.
(f) Defunding Independent Payment Advisory Board (IPAB) (Section
3403).--
(1) In general.--Section 1899A of the Social Security Act
(42 U.S.C. 1395kkk), as added by section 3403(a)(1) of PPACA,
is repealed.
(2) Conforming amendments.--
(A) Section 1805(b) of such Act (42 U.S.C. 1395b-
6(b)) is amended by striking paragraph (4).
(B) Section 207(c) of title 18, United States Code,
is amended by striking paragraph (3).
(C) Section 10320 of PPACA is amended by striking
subsection (c).
(g) Defunding Prevention and Wellness Evaluation (Section
4202(b)).--
(1) In general.--Section 4202(b)(4) of PPACA (42 U.S.C.
300u-14) is amended by striking ``shall remain available until
expended'' and inserting ``shall remain available through the
date of the enactment of the Medicare Firewall Act of 2011''.
(2) Rescission of unobligated balance.--Of the amounts
transferred under such section on or before the date of the
enactment of this Act, the unobligated balance shall be
transferred back into the Medicare Trust Fund or Funds from
which it was transferred.
(h) Defunding Pilot Program for Individuals Residing in Emergency
Declaration Areas (Section 10323(b)).--
(1) In general.--Section 1881A(b)(7) of the Social Security
Act (42 U.S.C. 1395rr-1(b)(7)), as inserted by section 10323(b)
of PPACA, is amended by adding at the end the following: ``No
such transfer shall be made after the date of the enactment of
the Medicare Firewall Act of 2011.''.
(2) Restoration of unobligated balance.--Of the amounts
transferred under such section on or before the date of the
enactment of this Act, the unobligated balance shall be
transferred back into the Medicare Trust Fund or Funds from
which it was transferred.
SEC. 3. ACCOUNTABILITY FOR TRUST FUND DEMONSTRATION PROJECT
EXPENDITURES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Congress a report that describes covered demonstration
projects and identifies those projects for which initial period of the
project has--
(1) not demonstrated that the project has met the
objectives specified for the project; or
(2) resulted in net expenditures from the Medicare Trust
Funds.
(b) Plan for Termination or Modification.--For those covered
demonstration projects identified under subsection (a), the Secretary
shall include the report under such subsection a plan for the
termination or modification of each such project.
(c) Covered Demonstration Project.--In this section, the term
``covered demonstration project'' means a demonstration, pilot, or
similar project undertaken with some or all funding from any of the
Medicare Trust Funds. | Medicare Firewall Act of 2011 - Amends the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, to defund as of the end of FY2011: (1) the convening of multi-stakeholder groups for input into the selection of health care quality measures, (2) the Independence at Home Demonstration Program, (3) the Community-Based Care Transitions Program, (4) the demonstration project on separate payments under title XVIII (Medicare) of the Social Security Act for complex diagnostic laboratory tests, (5) outreach and assistance for specified state and local low-income programs, (6) the Independent Medicare Advisory Board, (7) evaluation of community-based prevention and wellness programs, and (8) the pilot program for care of certain individuals residing in emergency declaration areas.
Restores to the Medicare Trust Funds unobligated amounts that were originally transferred from them for such programs and activities.
Directs the Secretary of Health and Human Services (HHS) to report to Congress on demonstration, pilot, or similar projects undertaken with funding from any of the Medicare Trust Funds, especially those for which the initial period of the project has: (1) not demonstrated that the project has met its objectives, or (2) resulted in net expenditures from the Medicare Trust Funds. Requires the Secretary to include with this report a plan for termination or modification of each such project. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Automobile Red-Tape
Simplification Act of 2015'' or as the ``CARS Act of 2015''.
SEC. 2. MODIFICATION OF SUBSTANTIATION RULES FOR THE DONATION OF
CERTAIN VEHICLES.
(a) In General.--Section 170(f)(12) of the Internal Revenue Code of
1986 is amended to read as follows:
``(12) Contributions of used motor vehicles, boats, and
airplanes exceeding $500 but not $2,500.--
``(A) In general.--In the case of a contribution of
a qualified vehicle the claimed value of which exceeds
$500 but not $2,500, paragraph (8) shall not apply and
no deduction shall be allowed under subsection (a) for
such contribution unless the taxpayer attaches to the
return for the taxable year--
``(i) a statement that includes--
``(I) the make, model, year of
manufacture, and condition of the
qualified vehicle at time of donation,
and
``(II) a good faith estimate of the
value of the qualified vehicle at time
of donation based on a widely available
used vehicle pricing guide (as
determined by the Secretary) which
takes into account unusual equipment,
unusual mileage, and physical condition
of the vehicle, and
``(ii) a contemporaneous written
acknowledgment of the contribution by the donee
organization which includes the following
information:
``(I) The name and taxpayer
identification number of the donor.
``(II) The vehicle identification
number or similar number.
``(III) The condition of the
donated vehicle, including any engine
trouble, body damage, high mileage, and
any excessive wear and tear.
``(IV) Whether the donee
organization provided any goods or
services in consideration, in whole or
in part, for the qualified vehicle.
``(V) A description and good faith
estimate of the value of any goods or
services referred to in subclause (IV)
or, if such goods or services consist
solely of intangible religious benefits
(as defined in paragraph (8)(B)), a
statement to that effect.
``(B) Estimates to be based on trade-in value.--
``(i) In general.--Any estimate made under
subparagraph (A)(i)(II) based on a used vehicle
pricing guide shall be made on the basis of the
trade-in value of the vehicle or such similar
valuation as the Secretary may specify.
``(ii) Trade-in value.--For purposes of
this subparagraph, the term `trade-in value'
means a valuation based the acquisition of
comparable vehicles by dealers from private
parties.
``(C) Information to secretary.--A donee
organization required to provide an acknowledgment
under this paragraph shall provide to the Secretary the
information contained in the acknowledgment. Such
information shall be provided at such time and in such
manner as the Secretary may prescribe.
``(D) Qualified vehicle.--For purposes of this
paragraph, the term `qualified vehicle' means any--
``(i) motor vehicle manufactured primarily
for use on public streets, roads, and highways,
``(ii) boat, or
``(iii) airplane.
Such term shall not include any property which is
described in section 1221(a)(1).
``(E) Regulations or other guidance.--The Secretary
shall prescribe such regulations or other guidance as
may be necessary to carry out the purposes of this
paragraph.''.
(b) Coordination With Appraisal Requirements.--
(1) In general.--Section 170(f)(11)(A)(ii)(I) of such Code
is amended--
(A) by inserting ``and'' before ``publicly'', and
(B) by striking ``and any qualified vehicle
described in paragraph (12)(A)(ii) for which an
acknowledgment under paragraph (12)(B)(iii) is
provided''.
(2) Coordination of dollar limitations.--Section
170(f)(11)(C) of such Code--
(A) is amended by inserting ``($2,500 in the case
of a qualified vehicle as defined in paragraph (12))''
after ``$5,000'', and
(B) by striking ``contributions of more than
$5,000'' in the heading thereof and inserting ``certain
contributions''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Charitable Automobile Red-Tape Simplification Act of 2015 or the CARS Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax deduction for charitable contributions, to modify the substantiation rules for donations of qualified vehicles (i.e., motor vehicles manufactured primarily for use on public streets, roads, and highways and boats or airplanes) with a claimed value exceeding $500 but not $2,500, to require: (1) a statement with respect to such qualified vehicles and a good faith estimate of their value at the time of donation; and (2) a contemporaneous written acknowledgement of the contribution by the donee organization, with information about the donor and the qualified vehicle. | billsum_train |
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