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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patients and Public Health
Partnership Act of 2008''.
SEC. 2. DEMONSTRATION PROJECT FOR INTEGRATED HEALTH SYSTEMS TO EXPAND
ACCESS TO PRIMARY AND PREVENTIVE SERVICES FOR THE
MEDICALLY UNDERSERVED.
Part D of title III of the Public Health Service Act (42 U.S.C.
259b et seq.) is amended by adding at the end the following new
subpart:
``Subpart XI--Demonstration Project for Integrated Health Systems to
Expand Access to Primary and Preventive Services for the Medically
Underserved
``SEC. 340H. DEMONSTRATION PROJECT FOR INTEGRATED HEALTH SYSTEMS TO
EXPAND ACCESS TO PRIMARY AND PREVENTIVE CARE FOR THE
MEDICALLY UNDERSERVED.
``(a) Establishment of Demonstration.--
``(1) In general.--Not later than January 1, 2009, the
Secretary shall establish a demonstration project (hereafter in
this section referred to as the `demonstration') under which up
to 30 qualifying integrated health systems receive grants for
the costs of their operations to expand access to primary and
preventive services for the medically underserved.
``(2) Rule of construction.--Nothing in this section shall
be construed as authorizing grants to be made or used for the
costs of specialty care or hospital care furnished by an
integrated health system.
``(b) Application.--Any integrated health system desiring to
participate in the demonstration shall submit an application in such
manner, at such time, and containing such information as the Secretary
may require.
``(c) Criteria for Selection.--In selecting integrated health
systems to participate in the demonstration (hereafter referred to as
`participating integrated health systems'), the Secretary shall ensure
representation of integrated health systems that are located in a
variety of States (including the District of Columbia and the
territories and possessions of the United States) and locations within
States, including rural areas, inner-city areas, and frontier areas.
``(d) Duration.--Subject to the availability of appropriations, the
demonstration shall be conducted (and operating grants be made to each
participating integrated health system) for a period of 3 years.
``(e) Reports.--
``(1) In general.--The Secretary shall submit to the
appropriate committees of the Congress interim and final
reports with respect to the demonstration, with an interim
report being submitted not later than 3 months after the
demonstration has been in operation for 24 months and a final
report being submitted not later than 3 months after the close
of the demonstration.
``(2) Content.--Such reports shall evaluate the
effectiveness of the demonstration in providing greater access
to primary and preventive care for medically underserved
populations, and how the coordinated approach offered by
integrated health systems contributes to improved patient
outcomes.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$25,000,000 for each of the fiscal years 2009, 2010, and 2011
to carry out this section.
``(2) Construction.--Nothing in this section shall be
construed as requiring or authorizing a reduction in the
amounts appropriated for grants to health centers under section
330 for the fiscal years referred to in paragraph (1).
``(g) Definitions.--For purposes of this section:
``(1) Frontier area.--The term `frontier area' has the
meaning given to such term in regulations promulgated pursuant
to section 330I(r).
``(2) Integrated health system.--The term `integrated
health system' means a health system that--
``(A) has a demonstrated capacity and commitment to
provide a full range of primary care, specialty care,
and hospital care in both inpatient and outpatient
settings; and
``(B) is organized to provide such care in a
coordinated fashion.
``(3) Qualifying integrated health system.--
``(A) In general.--The term `qualifying integrated
health system' means a public or private nonprofit
entity that is an integrated health system that meets
the requirements of subparagraph (B) and serves a
medically underserved population (either through the
staff and supporting resources of the integrated health
system or through contracts or cooperative
arrangements) by providing--
``(i) required primary and preventive
health and related services (as defined in
paragraph (4)); and
``(ii) as may be appropriate for a
population served by a particular integrated
health system, integrative health services (as
defined in paragraph (5)) that are necessary
for the adequate support of the required
primary and preventive health and related
services and that improve care coordination.
``(B) Other requirements.--The requirements of this
subparagraph are that the integrated health system--
``(i) will make the required primary and
preventive health and related services of the
integrated health system available and
accessible in the service area of the
integrated health system promptly, as
appropriate, and in a manner which assures
continuity;
``(ii) will demonstrate financial
responsibility by the use of such accounting
procedures and other requirements as may be
prescribed by the Secretary;
``(iii) provides or will provide services
to individuals who are eligible for medical
assistance under title XIX of the Social
Security Act or for assistance under title XXI
of such Act;
``(iv) has prepared a schedule of fees or
payments for the provision of its services
consistent with locally prevailing rates or
charges and designed to cover its reasonable
costs of operation and has prepared a
corresponding schedule of discounts to be
applied to the payment of such fees or
payments, which discounts are adjusted on the
basis of the patient's ability to pay;
``(v) will assure that no patient will be
denied health care services due to an
individual's inability to pay for such
services;
``(vi) will assure that any fees or
payments required by the system for such
services will be reduced or waived to enable
the system to fulfill the assurance described
in clause (v);
``(vii) provides assurances that any grant
funds will be expended to supplement, and not
supplant, the expenditures of the integrated
health system for primary and preventive health
services for the medically underserved; and
``(viii) submits to the Secretary such
reports as the Secretary may require to
determine compliance with this subparagraph.
``(C) Treatment of certain entities.--The term
`qualifying integrated health system' may include a
nurse-managed health clinic if such clinic meets the
requirements of subparagraphs (A) and (B) (except those
requirements that have been waived under paragraph
(4)(B)).
``(4) Required primary and preventive health and related
services.--
``(A) In general.--Except as provided in
subparagraph (B), the term `required primary and
preventive health and related services' means basic
health services consisting of--
``(i) health services related to family
medicine, internal medicine, pediatrics,
obstetrics, or gynecology that are furnished by
physicians where appropriate, physician
assistants, nurse practitioners, and nurse
midwives;
``(ii) diagnostic laboratory services and
radiologic services;
``(iii) preventive health services,
including prenatal and perinatal care;
appropriate cancer screening; well-child
services; immunizations against vaccine-
preventable diseases; screenings for elevated
blood lead levels, communicable diseases, and
cholesterol; pediatric eye, ear, and dental
screenings to determine the need for vision and
hearing correction and dental care; and
voluntary family planning services;
``(iv) emergency medical services; and
``(v) pharmaceutical services, behavioral,
mental health, and substance abuse services,
preventive dental services, and recuperative
care, as may be appropriate.
``(B) Exception.--In the case of an integrated
health system serving a targeted population, the
Secretary shall, upon a showing of good cause, waive
the requirement that the integrated health system
provide each required primary and preventive health and
related service under this paragraph if the Secretary
determines one or more such services are inappropriate
or unnecessary for such population.
``(5) Integrative health services.--The term `integrative
health services' means services that are not included as
required primary and preventive health and related services and
are associated with achieving the greater integration of a
health care delivery system to improve patient care
coordination so that the system either directly provides or
ensures the provision of a broad range of culturally competent
services. Integrative health services include but are not
limited to the following:
``(A) Outreach activities.
``(B) Case management and patient navigation
services.
``(C) Chronic care management.
``(D) Transportation to health care facilities.
``(E) Development of provider networks and other
innovative models to engage local physicians and other
providers to serve the medically underserved within a
community.
``(F) Recruitment, training, and compensation of
necessary personnel.
``(G) Acquisition of technology for the purpose of
coordinating care.
``(H) Improvements to provider communication,
including implementation of shared information systems
or shared clinical systems.
``(I) Determination of eligibility for Federal,
State, and local programs that provide, or financially
support the provision of, medical, social, housing,
educational, or other related services.
``(J) Development of prevention and disease
management tools and processes.
``(K) Translation services.
``(L) Development and implementation of evaluation
measures and processes to assess patient outcomes.
``(M) Integration of primary care and mental health
services.
``(N) Carrying out other activities that may be
appropriate to a community and that would increase
access by the uninsured to health care, such as access
initiatives for which private entities provide non-
Federal contributions to supplement the Federal funds
provided through the grants for the initiatives.
``(6) Specialty care.--The term `specialty care' means care
that is provided through a referral and by a physician or
nonphysician practitioner, such as surgical consultative
services, radiology services requiring the immediate presence
of a physician, audiology, optometric services, cardiology
services, magnetic resonance imagery (MRI) services,
computerized axial tomography (CAT) scans, nuclear medicine
studies, and ambulatory surgical services.
``(7) Nurse-managed health clinic.--The term `nurse-managed
health clinic' means a nurse-practice arrangement, managed by
advanced practice nurses, that provides care for underserved
and vulnerable populations and is associated with a school,
college, or department of nursing or an independent nonprofit
health or social services agency.''. | Patients and Public Health Partnership Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a demonstration project under which up to 30 qualifying integrated health systems receive grants for the costs of their operations to expand access to primary and preventive services for the medically underserved. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Missile Defense Act of
1997''.
SEC. 2. NATIONAL MISSILE DEFENSE POLICY.
(a) National Missile Defense.--It is the policy of the United
States to deploy by the end of 2003 a National Missile Defense system
that--
(1) is capable of defending the territory of the United
States against limited ballistic missile attack (whether
accidental, unauthorized, or deliberate); and
(2) could be augmented over time to provide a layered
defense against larger and more sophisticated ballistic missile
threats if they emerge.
(b) Cooperative Transition.--It is the policy of the United States
to seek a cooperative transition to a regime that does not feature an
offense-only form of deterrence as the basis for strategic stability.
SEC. 3. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.
(a) Requirement for Development of System.--To implement the policy
established in section 3(a), the Secretary of Defense shall develop for
deployment a National Missile Defense (NMD) system which shall achieve
an initial operational capability (IOC) by the end of 2003.
(b) Elements of the NMD System.--The system to be developed for
deployment shall include the following elements:
(1) Interceptors.--An interceptor system that optimizes
defensive coverage of the continental United States, Alaska,
and Hawaii against limited ballistic missile attack (whether
accidental, unauthorized, or deliberate).
(2) Ground-based radars.--Fixed ground-based radars.
(3) Space-based sensors.--Space-based sensors, including
the Space and Missile Tracking System.
(4) BM/C<SUP>3.--Battle management, command, control, and
communications (BM/C<SUP>3).
SEC. 4. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE SYSTEM.
The Secretary of Defense shall--
(1) upon the enactment of this Act, promptly initiate
required preparatory and planning actions that are necessary so
as to be capable of meeting the initial operational capability
(IOC) date specified in section 3(a);
(2) not later than the end of fiscal year 1999, conduct an
integrated systems test which uses elements (including BM/
C<SUP>3 elements) that are representative of, and traceable to,
the national missile defense system architecture specified in
section 3(b);
(3) prescribe and use streamlined acquisition policies and
procedures to reduce the cost and increase the efficiency of
developing the system specified in section 3(a); and
(4) develop a national missile defense follow-on program
that--
(A) leverages off of the national missile defense
system specified in section 3(a); and
(B) could augment that system, if necessary, to
provide for a layered defense.
SEC. 5. REPORT ON PLAN FOR NATIONAL MISSILE DEFENSE SYSTEM DEVELOPMENT
AND DEPLOYMENT.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
Secretary's plan for development and deployment of a national missile
defense system pursuant to this Act. The report shall include the
following matters:
(1) The Secretary's plan for carrying out this Act,
including--
(A) a detailed description of the system
architecture selected for development under section
3(b); and
(B) a discussion of the justification for the
selection of that particular architecture.
(2) The Secretary's estimate of the amount of
appropriations required for research, development, test,
evaluation, and for procurement, for each of fiscal years 1998
through 2003 in order to achieve the initial operational
capability date specified in section 3(a).
(3) A determination of the point at which any activity that
is required to be carried out under this Act would conflict
with the terms of the ABM Treaty, together with a description
of any such activity, the legal basis for the Secretary's
determination, and an estimate of the time at which such point
would be reached in order to meet the initial operational
capability date specified in section 3(a).
SEC. 6. POLICY REGARDING THE ABM TREATY.
(a) ABM Treaty Negotiations.--In light of the findings in section
232 of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 102-106; 110 Stat. 228, 10 U.S.C. 2431 note) and the policy
established in section 2, Congress urges the President to pursue, if
necessary, high-level discussions with the Russian Federation to
achieve an agreement to amend the ABM Treaty to allow deployment of the
national missile defense system being developed for deployment under
section 3.
(b) Requirement for Senate Advice and Consent.--If an agreement
described in subsection (a) is achieved in discussions described in
that subsection, the President shall present that agreement to the
Senate for its advice and consent. No funds appropriated or otherwise
available for any fiscal year may be obligated or expended to implement
such an amendment to the ABM Treaty unless the amendment is made in the
same manner as the manner by which a treaty is made.
(c) Action Upon Failure To Achieve Negotiated Changes Within One
Year.--If an agreement described in subsection (a) is not achieved in
discussions described in that subsection within one year after the date
of the enactment of this Act, the President and Congress, in
consultation with each other, shall consider exercising the option of
withdrawing the United States from the ABM Treaty in accordance with
the provisions of Article XV of that treaty.
SEC. 7. DEFINITIONS.
In this Act:
(1) ABM treaty.--The term ``ABM Treaty'' means the Treaty
Between the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Anti-Ballistic Missile
Systems, and signed at Moscow on May 26, 1972, and includes the
Protocols to that Treaty, signed at Moscow on July 3, 1974.
(2) Limited ballistic missile attack.--The term ``limited
ballistic missile attack'' refers to a limited ballistic
missile attack as that term is used in the National Ballistic
Defense Capstone Requirements Document, dated August 24, 1996,
that was issued by the United States Space Command and
validated by the Joint Requirements Oversight Council of the
Department of Defense. | National Missile Defense Act of 1997 - Directs the Secretary of Defense to develop for deployment a National Missile Defense (NMD) system which shall achieve operational capability by the end of 2003. Includes as system elements: (1) an interceptor system that optimizes defensive coverage of the United States; (2) fixed ground-based radar; (3) space-based sensors; and (4) battle management, command, control, and communications. Directs the Secretary to: (1) conduct an integrated systems test by the end of FY 1999; (2) use streamlined acquisition procedures; (3) develop a follow-on program that leverages off of, and that could augment, the NMD system to provide for a layered defense; and (4) report to the Congress on the plan for carrying out this Act, the appropriations required for FY 1998 through 2003, and the point at which activity would conflict with terms of the Anti-Ballistic Missile (ABM) Treaty.
Urges the President, if necessary, to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year, to consider the option of withdrawing the United States from the ABM Treaty. | billsum_train |
Make a brief summary of the following text: SECTION 1. TREATMENT OF LIABILITY FOR CERTAIN MULTIPLE EMPLOYER PLANS.
(a) In General.--In the case of an applicable pension plan--
(1) if an eligible employer elects the application of
subsection (b), any liability of the employer with respect to
the applicable pension plan shall be determined under
subsection (b), and
(2) if an eligible employer does not make such election,
any liability of the employer with respect to the applicable
pension plan shall be determined under subsection (c).
(b) Election to Spin Off Liability.--
(1) In general.--If an eligible employer elects, within 180
days after the date of the enactment of this Act, to have this
subsection apply, the applicable pension plan shall be treated
as having, effective January 1, 2006, spun off such employer's
allocable portion of the plan's assets and liabilities to an
eligible spunoff plan and the employer's liability with respect
to the applicable pension plan shall be determined by reference
to the eligible spunoff plan in the manner provided under
paragraph (2). The employer's liability, as so determined,
shall be in lieu of any other liability to the Pension Benefit
Guaranty Corporation or to the applicable pension plan with
respect to the applicable pension plan.
(2) Liability of employers electing spinoff.--
(A) Ongoing funding liability.--
(i) In general.--In the case of an eligible
spunoff plan, the amendments made by section
401, and subtitles A and B of title I, of the
Pension Protection Act of 2006 shall not apply
to plan years beginning before the first plan
year for which the plan ceases to be an
eligible spunoff plan (or, if earlier, January
1, 2017), and except as provided in clause
(ii), the employer maintaining such plan shall
be liable for ongoing contributions to the
eligible spunoff plan on the same terms and
subject to the same conditions as under the
provisions of the Employee Retirement Income
Security Act of 1974 and the Internal Revenue
Code of 1986 as in effect before such
amendments. Such liability shall be in lieu of
any other liability to the Pension Benefit
Guaranty Corporation or to the applicable
pension plan with respect to the applicable
pension plan.
(ii) Interest rate.--In applying section
302(b)(5)(B) of the Employee Retirement Income
Security Act of 1974 and section 412(b)(5)(B)
of the Internal Revenue Code of 1986 (as in
effect before the amendments made by subtitles
A and B of title I of the Pension Protection
Act of 2006) and in applying section
4006(a)(3)(E)(iii) of such Act (as in effect
before the amendments made by section 401 of
such Act) to an eligible spunoff plan for plan
years beginning after December 31, 2007, and
before the first plan year to which such
amendments apply, the third segment rate
determined under section 303(h)(2)(C)(iii) of
such Act and section 430(h)(2)(C)(iii) of such
Code (as added by such amendments) shall be
used in lieu of the interest rate otherwise
used.
(B) Termination liability.--If an eligible spunoff
plan terminates under title IV of the Employee
Retirement Income Security Act of 1974 on or before
December 31, 2010, the liability of the employer
maintaining such plan resulting from such termination
under section 4062 of the Employee Retirement Income
Security Act of 1974 shall be determined in accordance
with the assumptions and methods described in
subsection (c)(2)(A). The employer's liability, as so
determined, shall be in lien of any other liability to
the Pension Benefit Guaranty Corporation or to the
applicable pension plan with respect to the applicable
pension plan.
(c) Liability of Employers Not Electing Spinoff.--
(1) In general.--If an applicable pension plan is
terminated under the Employee Retirement Income Security Act of
1974, an eligible employer which does not make the election
described in subsection (b) shall be liable to the corporation
with respect to the applicable pension plan (in lieu of any
other liability to the Pension Benefit Guaranty Corporation or
to the applicable pension plan with respect to the applicable
pension plan ) in an amount equal to the fractional portion of
the adjusted unfunded benefit liabilities of such plan as of
December 31, 2005, determined without regard to any adjusted
unfunded benefit liabilities to be transferred to an eligible
spunoff plan pursuant to subsection (b).
(2) Definitions.--For purposes of this subsection--
(A) Adjusted unfunded benefit liabilities.--The
term ``adjusted unfunded benefit liabilities'' means
the amount of unfunded benefit liabilities (as defined
in section 4001(a)(18) of the Employee Retirement
Income Security Act of 1974), except that the interest
assumption shall be the rate of interest under section
302(b) of the Employee Retirement Income Security Act
of 1974 and section 412(b) of the Internal Revenue Code
of 1986, as in effect before the amendments made by the
Pension Protection Act of 2006, for the most recent
plan year for which such rate exists.
(B) Fractional portion.--The term ``fractional
portion'' means a fraction, the numerator of which is
the amount required to be contributed to the applicable
pension plan for the 5 plan years ending before
December 31, 2005, by such employer, and the
denominator of which is the amount required to be
contributed to such plan for such plan years by all
employers which do not make the election described in
subsection (b).
(d) Other Definitions.--For purposes of this section--
(1) Applicable pension plan.--The term ``applicable pension
plan'' means a single employer plan which--
(A) was established in the State of Alaska on March
18, 1967, and
(B) as of January 1, 2005, had 2 or more
contributing sponsors at least 2 of which were not
under common control.
(2) Allocable portion.--The term ``allocable portion''
means, with respect to any eligible employer making an election
under subsection (b), the portion of an applicable pension
plan's liabilities and assets which bears the same ratio to all
such liabilities and assets as such employer's share
(determined under subsection (c) as if no eligible employer
made an election under subsection (b)) of the excess (if any)
of--
(A) the liabilities of the plan, valued in
accordance with subsection (c), over
(B) the assets of the plan,
bears to the total amount of such excess.
(3) Eligible employer.--An ``eligible employer'' is an
employer which participated in an eligible multiple employer
plan on or after January 1, 2000. | Allows an employer participating in an eligible multiple employer plan to elect to have the pension plan treated as having spun off such employer's allocable portion of the plan's assets and liabilities to an eligible spun off plan.
Specifies the employer's liability with respect to the spun off plan, which shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation (PBGC) or to the applicable pension plan. Excludes such spun off plan from the funding requirements of the Pension Protection Act of 2006 until at least January 1, 2017. Provides that the employer maintaining such plan is liable for ongoing contributions to the eligible spun off plan as required before amendments made by such Act. Applies the third segment rate (the rate of interest based on the corporate bond yield curve taking into account only bonds maturing after 20 years) to such plan in lieu of the interest rate otherwise used. Provides that the liability of the employer if such plan terminates shall be determined in accordance with the assumptions and methods described under this Act.
Makes employers not making an election under this Act liable to the PBGC in an amount equal to the fractional portion of the adjusted unfunded benefit liabilities of such plan as of December 31, 2005, determined without regard to any adjusted unfunded benefit liabilities to be transferred to an eligible spun off plan.
Applies this Act to a single employer pension plan that: (1) was established in the State of Alaska on March 18, 1967; and (2) as of January 2, 2005, had two or more contributing sponsors, at least two of which were not under common control. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``50 States Commemorative Coin Program
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) it is appropriate and timely--
(A) to honor the unique Federal republic of 50 States that
comprise the United States; and
(B) to promote the diffusion of knowledge among the youth
of the United States about the individual States, their history
and geography, and the rich diversity of the national heritage;
(2) the circulating coinage of the United States has not been
modernized during the 25-year period preceding the date of
enactment of this Act;
(3) a circulating commemorative 25-cent coin program could
produce earnings of $110,000,000 from the sale of silver proof
coins and sets over the 10-year period of issuance, and would
produce indirect earnings of an estimated $2,600,000,000 to
$5,100,000,000 to the United States Treasury, money that will
replace borrowing to fund the national debt to at least that
extent; and
(4) it is appropriate to launch a commemorative circulating
coin program that encourages young people and their families to
collect memorable tokens of all of the States for the face value of
the coins.
SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD
COMMEMORATING EACH OF THE 50 STATES.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (k) the following new subsection:
``(l) Redesign and Issuance of Quarter Dollar in Commemoration of
Each of the 50 States.--
``(1) Redesign beginning in 1999.--
``(A) In general.--Notwithstanding the fourth sentence of
subsection (d)(1) and subsection (d)(2), quarter dollar coins
issued during the 10-year period beginning in 1999, shall have
designs on the reverse side selected in accordance with this
subsection which are emblematic of the 50 States.
``(B) Transition provision.--Notwithstanding subpar- agraph
(A), the Secretary may continue to mint and issue quarter
dollars in 1999 which bear the design in effect before the
redesign required under this subsection and an inscription of
the year `1998' as required to ensure a smooth transition into
the 10-year program under this subsection.
``(2) Single state designs.--The design on the reverse side of
each quarter dollar issued during the 10-year period referred to in
paragraph (1) shall be emblematic of 1 of the 50 States.
``(3) Issuance of coins commemorating 5 states during each of
the 10 years.--
``(A) In general.--The designs for the quarter dollar coins
issued during each year of the 10-year period referred to in
paragraph (1) shall be emblematic of 5 States selected in the
order in which such States ratified the Constitution of the
United States or were admitted into the Union, as the case may
be.
``(B) Number of each of 5 coin designs in each year.--Of
the quarter dollar coins issued during each year of the 10-year
period referred to in paragraph (1), the Secretary of the
Treasury shall prescribe, on the basis of such factors as the
Secretary determines to be appropriate, the number of quarter
dollars which shall be issued with each of the 5 designs
selected for such year.
``(4) Selection of design.--
``(A) In general.--Each of the 50 designs required under
this subsection for quarter dollars shall be--
``(i) selected by the Secretary after consultation
with--
``(I) the Governor of the State being commemorated,
or such other State officials or group as the State may
designate for such purpose; and
``(II) the Commission of Fine Arts; and
``(ii) reviewed by the Citizens Commemorative Coin
Advisory Committee.
``(B) Selection and approval process.--Designs for quarter
dollars may be submitted in accordance with the design
selection and approval process developed by the Secretary in
the sole discretion of the Secretary.
``(C) Participation.--The Secretary may include
participation by State officials, artists from the States,
engravers of the United States Mint, and members of the general
public.
``(D) Standards.--Because it is important that the Nation's
coinage and currency bear dignified designs of which the
citizens of the United States can be proud, the Secretary shall
not select any frivolous or inappropriate design for any
quarter dollar minted under this subsection.
``(E) Prohibition on certain representations.--No head and
shoulders portrait or bust of any person, living or dead, and
no portrait of a living person may be included in the design of
any quarter dollar under this subsection.
``(5) Treatment as numismatic items.--For purposes of sections
5134 and 5136, all coins minted under this subsection shall be
considered to be numismatic items.
``(6) Issuance.--
``(A) Quality of coins.--The Secretary may mint and issue
such number of quarter dollars of each design selected under
paragraph (4) in uncirculated and proof qualities as the
Secretary determines to be appropriate.
``(B) Silver coins.--Notwithstanding subsection (b), the
Secretary may mint and issue such number of quarter dollars of
each design selected under paragraph (4) as the Secretary
determines to be appropriate, with a content of 90 percent
silver and 10 percent copper.
``(C) Sources of bullion.--The Secretary shall obtain
silver for minting coins under subparagraph (B) from available
resources, including stockpiles established under the Strategic
and Critical Materials Stock Piling Act.
``(7) Application in event of the admission of additional
states.--If any additional State is admitted into the Union before
the end of the 10-year period referred to in paragraph (1), the
Secretary of the Treasury may issue quarter dollar coins, in
accordance with this subsection, with a design which is emblematic
of such State during any 1 year of such 10-year period, in addition
to the quarter dollar coins issued during such year in accordance
with paragraph (3)(A).''.
SEC. 4. UNITED STATES DOLLAR COINS.
(a) Short Title.--This section may be cited as the ``United States
$1 Coin Act of 1997''.
(b) Weight.--Section 5112(a)(1) of title 31, United States Code, is
amended by striking ``and weighs 8.1 grams''.
(c) Color and Content.--Section 5112(b) of title 31, United States
Code, is amended--
(1) in the first sentence, by striking ``dollar,''; and
(2) by inserting after the fourth sentence the following: ``The
dollar coin shall be golden in color, have a distinctive edge, have
tactile and visual features that make the denomination of the coin
readily discernible, be minted and fabricated in the United States,
and have similar metallic, anti-counterfeiting properties as United
States coinage in circulation on the date of enactment of the
United States $1 Coin Act of 1997.''.
(d) Design.--Section 5112(d)(1) of title 31, United States Code, is
amended by striking the fifth and sixth sentences and inserting the
following: ``The Secretary of the Treasury, in consultation with the
Congress, shall select appropriate designs for the obverse and reverse
sides of the dollar coin.''.
(e) Production of New Dollar Coins.--
(1) In general.--Upon the depletion of the Government's supply
(as of the date of enactment of this Act) of $1 coins bearing the
likeness of Susan B. Anthony, the Secretary of the Treasury shall
place into circulation $1 coins that comply with the requirements
of subsections (b) and (d)(1) of section 5112 of title 31, United
States Code, as amended by this section.
(2) Authority of secretary to continue production.--If the
supply of $1 coins bearing the likeness of Susan B. Anthony is
depleted before production has begun of $1 coins which bear a
design which complies with the requirements of subsections (b) and
(d)(1) of section 5112 of title 31, United States Code, as amended
by this section, the Secretary of the Treasury may continue to mint
and issue $1 coins bearing the likeness of Susan B. Anthony in
accordance with that section 5112 (as in effect on the day before
the date of enactment of this Act) until such time as production
begins.
(3) Numismatic sets.--The Secretary may include such $1 coins
in any numismatic set produced by the United States Mint before the
date on which the $1 coins authorized by this section are placed in
circulation.
(f) Marketing Program.--
(1) In general.--Before placing into circulation $1 coins
authorized under this section, the Secretary of the Treasury shall
adopt a program to promote the use of such coins by commercial
enterprises, mass transit authorities, and Federal, State, and
local government agencies.
(2) Study required.--The Secretary of the Treasury shall
conduct a study on the progress of the marketing program adopted in
accordance with paragraph (1).
(3) Report.--Not later than March 31, 2001, the Secretary of
the Treasury shall submit a report to the Congress on the results
of the study conducted pursuant to paragraph (2).
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to evidence any intention to eliminate or to limit the
printing or circulation of United States currency in the $1
denomination.
SEC. 6. FIRST FLIGHT COMMEMORATIVE COINS.
(a) Coin Specifications.--
(1) Denominations.--The Secretary of the Treasury (hereafter in
this section referred to as the ``Secretary'') shall mint and issue
the following coins:
(A) $10 gold coins.--Not more than 100,000 $10 coins, each
of which shall--
(i) weigh 16.718 grams;
(ii) have a diameter of 1.06 inches; and
(iii) contain 90 percent gold and 10 percent alloy.
(B) $1 silver coins.--Not more than 500,000 $1 coins, each
of which shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10 percent copper.
(C) Half dollar clad coins.--Not more than 750,000 half
dollar coins each of which shall--
(i) weigh 11.34 grams;
(ii) have a diameter of 1.205 inches; and
(iii) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this section shall be
legal tender, as provided in section 5103 of title 31, United States
Code.
(c) Sources of Bullion.--The Secretary shall obtain gold and silver
for minting coins under this section pursuant to the authority of the
Secretary under other provisions of law, including authority relating
to the use of silver stockpiles established under the Strategic and
Critical Materials Stockpiling Act, as applicable.
(d) Design of Coins.--
(1) Design requirements.--
(A) In general.--The design of the coins minted under this
section shall be emblematic of the first flight of Orville and
Wilbur Wright in Kitty Hawk, North Carolina, on December 17,
1903.
(B) Designation and inscriptions.--On each coin minted
under this section there shall be--
(i) a designation of the value of the coin;
(ii) an inscription of the year ``2003''; and
(iii) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(2) Selection.--The design for the coins minted under this
section shall be--
(A) selected by the Secretary after consultation with the
Board of Directors of the First Flight Foundation and the
Commission of Fine Arts; and
(B) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(e) Period for Issuance of Coins.--The Secretary may issue coins
minted under this section only during the period beginning on August 1,
2003, and ending on July 31, 2004.
(f) Sale of Coins.--
(1) Sale price.--The coins issued under this section shall be
sold by the Secretary at a price equal to the sum of--
(A) the face value of the coins;
(B) the surcharge provided in paragraph (4) with respect to
such coins; and
(C) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(2) Bulk sales.--The Secretary shall make bulk sales of the
coins issued under this section at a reasonable discount.
(3) Prepaid orders.--
(A) In general.--The Secretary shall accept prepaid orders
for the coins minted under this section before the issuance of
such coins.
(B) Discount.--Sale prices with respect to prepaid orders
under subparagraph (A) shall be at a reasonable discount.
(4) Surcharges.--All sales shall include a surcharge of--
(A) $35 per coin for the $10 coin;
(B) $10 per coin for the $1 coin; and
(C) $1 per coin for the half dollar coin.
(g) General Waiver of Procurement Regulations.--
(1) In general.--Except as provided in paragraph (2), no
provision of law governing procurement or public contracts shall be
applicable to the procurement of goods and services necessary for
carrying out the provisions of this Act.
(2) Equal employment opportunity.--Paragraph (1) does not
relieve any person entering into a contract under the
authority of this section from complying with any law relating to
equal employment opportunity.
(h) Treatment as Numismatic Items.--For purposes of sections 5134
and 5136 of title 31, United States Code, all coins minted under this
subsection shall be considered to be numismatic items.
(i) Distribution of Surcharges.--
(1) In general.--Subject to section 5134 of title 31, United
States Code, all surcharges received by the Secretary from the sale
of coins issued under this section shall be promptly paid by the
Secretary to the First Flight Foundation for the purposes of--
(A) repairing, refurbishing, and maintaining the Wright
Brothers Monument on the Outer Banks of North Carolina; and
(B) expanding (or, if necessary, replacing) and maintaining
the visitor center and other facilities at the Wright Brothers
National Memorial Park on the Outer Banks of North Carolina,
including providing educational programs and exhibits for
visitors.
(2) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the First Flight Foundation as may be related to the
expenditures of amounts paid under paragraph (1).
(j) Financial Assurances.--The Secretary shall take such actions as
may be necessary to ensure that minting and issuing coins under this
section will not result in any net cost to the United States
Government.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | 50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter-dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union.
United States $1 Coin Act of 1997 - Amends Federal law to mandate that the dollar coin shall: (1) be golden in color, have a distinctive edge, with tactile and visual features making it readily discernible; (2) be minted and fabricated in the United States; and (3) have similar metallic anticounterfeiting properties as U.S. clad coinage in circulation on the date of enactment of this Act.
Directs the Secretary of the Treasury to place into circulation $1 coins that comply with such mandate upon depletion of the Government's supply of $1 coins bearing the likeness of Susan B. Anthony.
Authorizes the Secretary to continue to mint and issue $1 Susan B. Anthony coins if they are depleted before production has begun of the new $1 coins mandated by this Act.
Directs the Secretary to: (1) adopt a marketing program promoting the use of $1 coins by commercial enterprises, mass transit authorities, and Federal, State, and local government agencies; and (2) conduct a marketing study and report its progress results to the Congress.
Directs the Secretary to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903.
Precludes this Act from being construed as evidence of any intention to eliminate or limit the printing or circulation of United States currency in the $1 denomination.
Mandates prompt payment of all surcharges received from coin sales to the First Flight Foundation to: (1) maintain the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expand and maintain the visitor center and other facilities at the Wright Brothers National Memorial Park. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Benefits Protection Act of
2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The intent of the Employee Retirement Income Security
Act of 1974 to protect the pension and welfare benefits of
workers is frustrated by the practice of mislabeling or
relabeling employees to improperly exclude them from employee
benefit plans. Employees are wrongly denied benefits when they
are misclassified or reclassified as temporary employees, part-
time employees, leased employees, agency employees, staffing
firm employees, and independent contractors. If their true
employment status were recognized, these misclassified and
reclassified employees would be eligible to participate in
employee pension and welfare benefit plans because such plans
are offered to other employees performing the same or
substantially the same work and working for the same employer.
(2) Mislabeled employees are often paid through staffing,
temporary, employee leasing, or other similar firms to give the
appearance that the employees do not work for their employer.
Employment contracts and reports to government agencies also
are used to give the erroneous impression that mislabeled
employees work for staffing, temporary, employee leasing, or
other similar firms, when the facts of the work arrangement do
not meet the common law standard for determining the employment
relationship. Employees are also mislabeled as contractors and
paid from non-payroll accounts to give the appearance that they
are not employees of their employer. These practices violate
the Employee Retirement Income Security Act of 1974.
(3) Employers are amending their employee benefit plans to
add provisions that exclude mislabeled employees from
participation in the plan even in the event that such employees
are determined to be common law employees and otherwise
eligible to participate in the plan. These plan provisions
violate the Employee Retirement Income Security Act of 1974.
(4) As a condition of employment or continued service,
employees are often required to sign documents that purport to
waive their right to participate in employee benefit plans.
Such documents inaccurately claim to limit the authority of the
courts and applicable Federal agencies to correct the
mislabeling and relabeling of employees and to enforce the
terms of plans providing for their participation. This practice
violates the Employee Retirement Income Security Act of 1974.
(5) As a condition of continued employment or service,
employees are often required to sign documents that purport to
waive their right to bring a lawsuit under the Employee
Retirement Income Security Act of 1974. Such documents
inaccurately claim to limit the ability of the courts and
applicable Federal agencies to obtain any payments or benefits
in the event that the waiver is found not to be knowing and
voluntary. This practice violates the Employee Retirement
Income Security Act of 1974.
(b) Purpose.--The purpose of this Act is to clarify applicable
provisions of the Employee Retirement Income Security Act of 1974 to
ensure that employees are not improperly excluded from participation in
employee benefit plans as a result of mislabeling or reclassifying
their employment status.
SEC. 3. ADDITIONAL STANDARDS RELATING TO MINIMUM PARTICIPATION
REQUIREMENTS.
(a) Required Inclusion of Service.--Section 202(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3))
is amended by adding at the end the following new subparagraph:
``(E) For purposes of this section, in determining years of service
and hours of service--
``(i) service shall include all service for the employer as
an employee under the common law, irrespective of whether the
individual--
``(I) is paid through a staffing firm, temporary
help firm, payroll agency, employment agency, or other
such similar arrangement,
``(II) is paid directly by the employer under an
arrangement purporting to characterize an employee
under the common law as other than an employee, or
``(III) is paid from an account not designated as a
payroll account, and
``(ii) in any case in which an employer, plan sponsor, or
fiduciary (including any administrator, officer, trustee, or
custodian) changes the job classification of any person from
employee to leased employee, agency employee, staffing firm
employee, independent contractor, or any similar category, in
determining years of service and hours of service, service
shall include all service for the employer that the person
performs subsequent to such reclassification.''.
(b) Exclusion Precluded When Related to Certain Purported
Categorizations.--Section 202 of such Act (29 U.S.C. 1052) is amended
further by adding at the end the following new subsection:
``(c)(1) Subject to paragraph (2), a pension plan shall be treated
as failing to meet the requirements of this section if the plan
excludes from participation any person who performs the same work (or
substantially the same work) for the employer as other employees who
generally are not excluded from participation in the plan, irrespective
of the placement of such person in any category of workers (such as
temporary employees, part-time employees, leased employees, agency
employees, staffing firm employees, independent contractors, or any
similar category) which may be specified under the plan as ineligible
for participation.
``(2) Nothing in paragraph (1) shall be construed to preclude the
exclusion from participation in a pension plan of individuals who in
fact do not meet a minimum service period or minimum age which is
required under the terms of the plan and which is otherwise in
conformity with the requirements of this section.''.
SEC. 4. OBJECTIVE ELIGIBILITY CRITERIA IN PLAN INSTRUMENTS.
Section 402 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1102) is amended by adding at the end the following new
subsection:
``(d)(1) The written instrument pursuant to which an employee
benefit plan is maintained shall set forth eligibility criteria which--
``(A) include and exclude employees on a uniform basis;
``(B) are based on reasonable job classifications other
than the mere labeling of a job position as something other
than an employee; and
``(C) are based on objective criteria stated in the
instrument itself for the inclusion or exclusion (other than
the mere listing of an employee as included or excluded).
``(2) No employee benefit plan may permit an employer or plan
sponsor to exclude any person from participation irrespective of the
placement of such employee in any category of workers (such as
temporary employees, leased employees, agency employees, staffing firm
employees, contractors, or any similar category), if the employee--
``(A) is an employee of the employer under the common law;
``(B) performs the same work (or substantially the same
work) for the employer as other employees who generally are not
excluded from participation in the plan; and
``(C) meets a minimum service period or minimum age which
is required under the terms of the plan.
``(3) In any case in which the employer of an individual who is a
participant in an employee benefit plan, the plan sponsor of such plan,
or a fiduciary of such plan requires such individual to convert to the
status of a temporary employee, leased employee, agency employee,
staffing firm employee, contractor, or any similar category as a
condition of continuing in the service of the employer, such individual
shall not cease to be treated under such plan or this title as a
participant in such plan by reason of such conversion.''.
SEC. 5. ENFORCEMENT.
Section 502 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1132) is amended--
(1) in paragraphs (3)(B) and (5)(B) of subsection (a), by
striking ``other appropriate equitable relief'' and inserting
``other appropriate relief, including such additional relief as
a court of equity might have awarded in a case involving the
enforcement or administration of a trust, other equitable
relief, compensatory relief, or remedial relief'';
(2) in subsection (a)(3)(B), by striking ``or'' at the end
of clause (i) and inserting a comma, by striking the semicolon
at the end of clause (ii) and inserting ``, or'', and by adding
at the end the following: ``(iii) to provide restitution and
other appropriate relief to employees who have been excluded
from participation or have been misclassified or reclassified
in violation of section 202 or 402'';
(3) by striking ``or'' at the end of subsection (a)(8), by
striking the period at the end of subsection (a)(9) and
inserting ``; or'', and by adding at the end the following new
paragraph:
``(10) by a participant or beneficiary to obtain a judicial
declaration concerning whether a waiver of rights arising under
this title or a plan, including a waiver of participation in a
plan, was knowing and voluntary under the totality of the
circumstances.'';
(4) in subsection (g)(1), by inserting ``, reasonable
expert fees,'' before ``and costs'' and by inserting before the
period at the end the following: ``, except that the court
shall award such fees and costs to a prevailing party in the
case of an action brought to enforce section 510, unless the
court determines that it would be unjust to do so under the
circumstances''; and
(5) by adding at the end of section 502 the following new
subsection:
``(n) In an action under this section, if the court finds that any
participant or beneficiary has been discharged, fined, suspended,
expelled, disciplined, or discriminated against in violation of section
510, relief under this section may include enjoining such unlawful
conduct and ordering such affirmative action as may be appropriate.
Such action may include, but is not limited to, reinstatement or hiring
and an award of back pay and lost benefits.''.
SEC. 6. WAIVERS.
Section 502 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1132) (as amended by section 5) is amended further by adding
at the end the following new subsection:
``(o)(1) The rights under this title (including the right to
maintain a civil action) may not be waived, deferred, or lost pursuant
to any agreement not authorized under this title with specific
reference to this paragraph.
``(2)(A) Subject to subparagraph (B), paragraph (1) shall not apply
to an agreement providing for arbitration or participation in any other
non-judicial procedure to resolve a dispute if the agreement is entered
into knowingly and voluntarily by the parties involved after the
dispute has arisen or is pursuant to the terms of a collective
bargaining agreement.
``(B)(i) No waiver under subparagraph (A) of participation in an
employee benefit plan may be considered knowing and voluntary if
related, in whole or in part, to the misclassification or
reclassification of an individual in one or more categories ineligible
for participation in the plan.
``(ii) The party asserting the validity of a waiver under
subparagraph (A) shall have the burden of proving that the waiver was
knowing and voluntary.
``(iii) A waiver under subparagraph (A) shall not impose any
limitation, including any condition precedent or penalty, adversely
affecting the right of an individual to challenge the waiver by
bringing a civil action in a court of competent jurisdiction. Any
provision requiring an individual to tender back consideration received
and any provision allowing employers, plan sponsors, and fiduciaries
(including administrators, officers, trustees, and custodians) to
recover attorney's fees or damages because of the filing of a civil
action shall be treated as limitations referred to in the preceding
sentence. Nothing in this clause shall be construed as precluding
recovery of a reasonable attorney's fee or costs of action that may be
authorized under subsection (g)(1).
``(iv) No individual who brings a civil action shall be required to
tender back any consideration given in exchange for a waiver under
subparagraph (A) before bringing such civil action. The retention of
any consideration received in exchange for any waiver shall not
constitute ratification of a waiver under subparagraph (A) or foreclose
a challenge thereto.
``(v) No waiver otherwise permitted under subparagraph (A) may
affect the Secretary's rights and responsibilities to enforce this
title. No waiver may be used to justify interfering with the protected
right of any person to participate in an investigation or proceeding
conducted by the Secretary.''.
SEC. 7. GENERAL PROVISIONS.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall apply with respect to plan years
beginning on or after January 1, 2004.
(b) Special Rule For Collectively Bargained Plans.--In the case of
a plan maintained pursuant to one or more collective bargaining
agreements between employee representatives and one or more employers
ratified on or before the date of the enactment of this Act, subsection
(a) shall be applied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ``January 1, 2004'' the date
of the commencement of the first plan year beginning on or after the
earlier of--
(1) the later of--
(A) January 1, 2005; or
(B) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof after the date of the
enactment of this Act); or
(2) January 1, 2006.
(c) Plan Amendments.--If any amendment made by this Act requires an
amendment to any plan, such plan amendment shall not be required to be
made before the first plan year beginning on or after January 1, 2005,
if--
(1) during the period after such amendment made by this Act
takes effect and before such first plan year, the plan is
operated in good faith compliance with the requirements of such
amendment made by this Act; and
(2) such plan amendment applies retroactively to the period
after such amendment made by this Act takes effect and before
such first plan year. | Employee Benefits Protection Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit employers from disqualifying employees from benefits under their pension and welfare plans by misclassifying or reclassifying employee status. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Academic Facilities and
Environments for Tribal Youth Act'' or the ``SAFETY Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of the Interior.
(2) Indian.--The term ``Indian'' means a member of an
Indian tribe.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Construction of replacement tribal school.--The term
``construction of a replacement tribal school'' includes the
construction or renovation of--
(A) 1 or more facilities of that school; or
(B) the entire campus of that school.
(2) Demonstration program.--The term ``demonstration
program'' means the Tribal School Construction Demonstration
Program carried out under subsection (b).
(3) Eligible indian tribe.--The term ``eligible Indian
tribe'' means an Indian tribe that submits an application that
is approved by the Secretary under subsection (b)(4).
(4) Tribal school.--The term ``tribal school'' means--
(A) a school operated by the Bureau of Indian
Affairs;
(B) a school operated pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.); and
(C) a tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)).
(b) Demonstration Program.--
(1) In general.--The Secretary shall carry out a
demonstration program to be known as the ``Tribal School
Construction Demonstration Program'' for fiscal years 2017
through 2021, to provide grants to eligible Indian tribes for
the construction of replacement tribal schools.
(2) Purposes.--The purposes of the demonstration program
shall be--
(A) to provide additional Indian tribes fair
opportunities to construct replacement tribal schools;
(B) to accelerate construction of needed
educational facilities in Indian country; and
(C) to permit additional funds to be provided for
the priority list of the Department for construction of
replacement tribal schools.
(3) Grant recipients.--
(A) In general.--In carrying out the demonstration
program, subject to the availability of appropriations,
the Secretary shall award a grant to each eligible
Indian tribe.
(B) Priority.--The Secretary shall ensure that an
eligible Indian tribe currently on the priority list of
the Department for construction of replacement tribal
schools receives the highest priority for a grant under
this section.
(4) Grant applications.--An application for a grant under
the section shall--
(A) include a proposal for the construction of a
replacement tribal school of the Indian tribe that
submits the application; and
(B) be in such form as the Secretary determines
appropriate.
(5) Grant agreement.--As a condition of receiving a grant
under this section, the eligible Indian tribe shall enter into
an agreement with the Secretary that specifies--
(A) the costs of construction under the grant;
(B) that the Indian tribe shall be required to
contribute towards the cost of the construction a
tribal share equal to at least 25 percent of the cost;
and
(C) any other term or condition that the Secretary
determines to be appropriate.
(c) Effect of Grant.--A grant received under this section--
(1) shall be in addition to any other funds received by an
Indian tribe under any other provision of law; and
(2) shall not affect the eligibility of an Indian tribe
receiving funding, or the amount of funding received by the
Indian tribe, under--
(A) the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.); or
(B) the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
(d) Report.--At the conclusion of the demonstration program, the
Secretary shall submit to Congress a report on whether the
demonstration program has achieved the purposes of the demonstration
program, as described in subsection (b)(2).
SEC. 4. FUNDING FOR TRIBAL COLLEGES CONSTRUCTION.
Section 113 of the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1813) is amended to read as follows:
``SEC. 113. CONSTRUCTION OF NEW FACILITIES.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction' includes any
effort to address the facility construction, maintenance,
renovation, reconstruction, and replacement needs of a Tribal
College or University.
``(2) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
``(b) Grants.--With respect to any eligible Tribal College or
University that identifies a need for construction, the Secretary
shall, subject to the availability of appropriations, provide grants
for the construction in accordance with this section.
``(c) Application.--Each eligible applicant desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(d) Eligible Activities.--Activities eligible for a grant under
this section shall be activities that address a wide variety of
facilities and infrastructure needs, including--
``(1) building of new facilities, including--
``(A) classrooms;
``(B) administrative offices;
``(C) libraries;
``(D) health and cultural centers;
``(E) day care centers;
``(F) technology centers; and
``(G) other education-related facilities;
``(2) renovating or expanding existing or acquired
facilities;
``(3) providing existing facilities with equipment,
including--
``(A) laboratory equipment;
``(B) computer infrastructure and equipment;
``(C) library books; and
``(D) furniture; and
``(4) property acquisition.
``(e) No Matching Requirement.--A recipient of a grant under this
section shall not be required to make a matching contribution for
Federal amounts received.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2017 through 2021.''.
SEC. 5. HOUSING ASSISTANCE FOR EDUCATORS IN SCHOOLS WITH INDIAN
STUDENTS.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by adding at the end the following:
``SEC. 545. HOUSING ASSISTANCE FOR EDUCATORS IN SCHOOLS WITH INDIAN
STUDENTS.
``(a) Definitions.--In this section--
``(1) the term `covered educator' means an individual who
is employed full-time as a teacher, principal, administrator,
or other licensed professional educator by a covered school;
``(2) the term `covered school' means--
``(A) a school operated by the Bureau of Indian
Affairs;
``(B) a school operated pursuant to the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.);
``(C) a tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)); and
``(D) a public elementary school or secondary
school in which not less than 25 percent of the
students are Indian students;
``(3) the terms `elementary school' and `secondary school'
have the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965; and
``(4) the term `eligible applicant' means--
``(A) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b));
``(B) an Indian organization (as defined in section
1141 of the Education Amendments of 1978 (25 U.S.C.
2021)); or
``(C) a tribally designated housing entity (as
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103)).
``(b) Grant Program.--The Secretary may award grants to eligible
applicants to construct, including by reconstructing, renovating, and
repairing, and provide housing to covered educators in rural areas.
``(c) Application.--Each eligible applicant desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(d) Non-Federal Share.--A recipient of a grant under this section
shall not be required to obtain or provide a non-Federal share in order
to receive assistance under this section.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
fiscal year 2017 and each fiscal year thereafter.''.
SEC. 6. BIE AND OMB PLAN.
(a) In General.--The Bureau of Indian Education and the Office of
Management and Budget shall jointly develop a 10-year plan to bring up
to good condition, as determined by the facilities evaluation process
of the Department of the Interior, in compliance with all applicable
tribal requirements all of the following Bureau of Indian Education
school facilities:
(1) An elementary or secondary day or boarding school
operated by the Bureau of Indian Education.
(2) A school operated pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
(3) A tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2511)).
(4) A dormitory operated by the Bureau of Indian Education
for students attending a school other than a school specified
in paragraphs (1) through (3).
(b) Inclusions.--The plan developed under subsection (a) shall
include--
(1) proposed budget requests and timelines; and
(2) additional factors such as increasing enrollment
capacities.
(c) Effect.--For the purpose of developing the plan under
subsection (a) only, section 1125(a)(5) of the Education Amendments of
1978 (25 U.S.C. 2005(a)(5)) shall not apply.
(d) Report.--As soon as practicable after completion of the plan
developed under subsection (a), the Secretary shall submit a report
describing the plan to--
(1) the Subcommittee on Interior, Environment, and Related
Agencies of the Committee on Appropriations of the Senate;
(2) the Committee on Indian Affairs of the Senate;
(3) the Subcommittee on Interior, Environment, and Related
Agencies of the Committee on Appropriations of the House of
Representatives; and
(4) the Committee on Natural Resources of the House of
Representatives.
SEC. 7. GAO REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
comprehensive report describing the implementation of section 8007 of
the Elementary and Secondary Education Act of 1965 (as in effect on
December 9, 2015), for fiscal years preceding fiscal year 2017, and
section 7007 of the Elementary and Secondary Education Act of 1965 (as
in effect for fiscal year 2017), for fiscal year 2017 and subsequent
fiscal years, that--
(1) evaluates the adequacy of the distribution of payments
between subparagraphs (A) and (B) of subsection (a)(3) of those
sections;
(2) evaluates unmet need; and
(3) determines the age, condition, and remaining utility of
school facilities (as the term is defined in section 7013 of
that Act (as in effect for fiscal year 2017)) for those local
educational agencies enrolling students described in section
7003(a)(1)(C) of that Act (as so in effect) that are eligible
to receive a basic support payment under--
(A) section 8003(b) of that Act (as in effect on
December 9, 2015) for fiscal years preceding fiscal
year 2017; and
(B) section 7003(b) of that Act (as in effect for
fiscal year 2017) for fiscal year 2017 and subsequent
fiscal years. | Safe Academic Facilities and Environments for Tribal Youth Act or the SAFETY Act This bill directs the Department of the Interior to carry out a Tribal School Construction Demonstration Program to award grants to Indian tribes for the construction of replacement tribal schools. The program provides additional funding and opportunities for tribes to construct schools. Tribes on the Interior priority list for construction of tribal schools receive the highest priority for a grant under this program. This bill amends the Tribally Controlled Colleges and Universities Assistance Act of 1978 to revise the grant program for construction at tribal colleges and universities. The bill eliminates the requirements for Interior to identify the need for construction and tribal colleges and universities to provide matching funds. Restrictions on grant amounts and the use of constructed facilities are removed. This bill amends the Housing Act of 1949 to authorize the Department of Agriculture to award grants to Indian tribes, tribal organizations, and tribal housing entities for the construction or renovation of housing in rural areas for educators at Indian schools and schools where at least 25% of the students are Indian. The Bureau of Indian Education and the Office of Management and Budget must develop a 10-year plan to bring up to good condition certain Bureau of Indian Education school facilities. The Government Accountability Office must report on Impact Aid for construction provided to local education agencies impacted by military dependent children and children who reside on Indian lands. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizens' Financial Freedom
Act''.
SEC. 2. REPEAL OF INCREASE IN TAX ON SOCIAL SECURITY BENEFITS.
(a) In General.--Paragraph (2) of section 86(a) of the Internal
Revenue Code of 1986 (relating to social security and tier 1 railroad
retirement benefits) is amended by adding at the end the following new
flush sentence:
``This paragraph shall not apply to any taxable year beginning
after December 31, 2000.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2000.
SEC. 3. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED
RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``retirement age (as defined in section
216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``retirement age (as defined in section 216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above retirement age (as
defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting
``retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``retirement age (as defined in
section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained retirement age (as defined
in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Retirement Age.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of such
Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. (f)(8)(D))
is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made under this
subsection from any widow's or widower's insurance benefit if the
widow, surviving divorced wife, widower, or surviving divorced husband
involved became entitled to such benefit prior to attaining age 60.'';
and
(B) in subsection (f)(1), by striking clause (D)
and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is
amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(3) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4)(A) of
the Social Security Act (42 U.S.C. 423(d)(4)(A)) is amended by
striking ``if section 102 of the Senior Citizens' Right to Work
Act of 1996 had not been enacted'' and inserting the following:
``if the amendments to section 203 made by section 102 of the
Senior Citizens' Right to Work Act of 1996 and by the Senior
Citizens' Financial Freedom Act had not been enacted''.
(d) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years ending after December
31, 2000.
SEC. 4. GRADUAL INCREASE IN AGE FOR REQUIRED MINIMUM DISTRIBUTIONS FROM
PENSION PLANS.
(a) In General.--Section 401(a)(9)(C) of the Internal Revenue Code
of 1986 (defining required beginning date) is amended--
(1) by striking ``age 70\1/2\'' and inserting ``the
applicable age'', and
(2) by adding at the end the following new clause:
``(v) Applicable age.--For purposes of this
subparagraph, the applicable age shall be
determined in accordance with the following
table:
Applicable
``Calendar year: Age:
2000.......................................... 71
2001.......................................... 72
2002.......................................... 73
2003.......................................... 74
2004.......................................... 75
2005.......................................... 76
2006.......................................... 77
2007.......................................... 78
2008.......................................... 79
2009.......................................... 80
2010.......................................... 81
2011.......................................... 82
2012.......................................... 83
2013.......................................... 84
2014 and thereafter........................... 85.''
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 1999. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
Amends the IRC to provide for a graduated increase in age from calendar year 2000 to 2014 and thereafter for required distributions from qualified trusts. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Infrastructure
Investment Act''.
SEC. 2. RURAL TELECOMMUNICATIONS DEVELOPMENT.
(a) In General.--Title II of the Rural Electrification Act of 1936
(7 U.S.C. 922 et seq.) is amended by adding at the end the following
new section:
``SEC. 208. REGIONAL TELECOMMUNICATIONS DEVELOPMENT.
``In addition to any preference given under section 201 with
respect to a telephone loan made under this Act, the Secretary may give
preference to an application for such a loan for a project that, as
determined by the Secretary, supports the development of
telecommunications services on a multijurisdictional basis. In
evaluating such an application, the Secretary shall consider whether--
``(1) the project that is the subject of the application
was developed through the collaboration and participation of
multiple stakeholders in the service area of the project,
including State, local, and tribal governments, nonprofit
institutions, institutions of higher education, and private
entities;
``(2) the applicant has an understanding of the applicable
regional resources that could support the project, including
natural resources, human resources, infrastructure, and
financial resources; and
``(3) the project has clear objectives and includes a means
to establish measurable performance measures and to track
progress toward meeting such objectives.''.
(b) Exemption From State Agency Requirement.--Section 201 of the
Rural Electrification Act of 1936 (7 U.S.C. 922) is amended in the last
sentence by inserting ``or the application involved is an application
described in section 208'' before the period at the end.
(c) Definition of Rural Area.--Section 203(b) of the Rural
Electrification Act of 1936 (7 U.S.C. 924(b)) is amended by striking
``5,000'' and inserting ``20,000''.
SEC. 3. RURAL BROADBAND DEVELOPMENT.
(a) Award of Grants.--Section 601 of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb) is amended--
(1) in subsection (a), by striking ``loans and loan
guarantees'' and inserting ``loans, loan guarantees, and
grants'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``and
Loan Guarantees'' and inserting ``Loan Guarantees, and
Grants'';
(B) in paragraph (1), by inserting ``, and may make
grants,'' after ``loans''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``loans or loan guarantees''
and inserting ``loans, loan guarantees, or
grants'';
(ii) in subparagraph (A)--
(I) by striking ``loan and loan
guarantee'' and inserting ``loan, loan
guarantee, and grant''; and
(II) by striking ``loans and loan
guarantees'' and inserting ``loans,
loan guarantees, and grants''; and
(iii) in subparagraph (C), by striking
``loans or loan guarantees'' and inserting
``loans, loan guarantees, or grants'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i), by
striking ``loan or loan guarantee'' and
inserting ``loan, loan guarantee, or grant'';
(ii) in clause (ii), by striking ``loan''
and inserting ``loan or grant''; and
(iii) in clause (iii)--
(I) by striking ``loan'' and
inserting ``loan or grant''; and
(II) by striking ``loan made or
guaranteed'' and inserting ``loan or
grant made or loan guaranteed'';
(B) in paragraph (2)--
(i) in subparagraph (A), in the matter
preceding clause (i)--
(I) by inserting ``or the funds
received through a grant made'' after
``guaranteed''; and
(II) by striking ``loan or loan
guarantee'' and inserting ``loan, loan
guarantee, or grant''; and
(ii) in subparagraph (B), by striking
``loan or loan guarantee'' and inserting
``loan, loan guarantee, or grant'';
(C) in paragraph (3)(A), by striking ``loan or loan
guarantee'' and inserting ``loan, loan guarantee, or
grant'';
(D) in paragraph (4), by striking ``loan or loan
guarantee'' and inserting ``loan, loan guarantee, or
grant'';
(E) in paragraph (5)(A), in the matter preceding
clause (i), by striking ``loan or loan guarantee'' and
inserting ``loan, loan guarantee, or grant'';
(F) in paragraph (6)--
(i) by striking ``loan or loan guarantee''
and inserting ``loan, loan guarantee, or
grant''; and
(ii) by striking ``loan involved'' and
inserting ``loan or grant involved''; and
(G) in paragraph (7), by striking ``loan'' and
inserting ``loan or grant'';
(4) in subsection (f), by striking ``loan or loan
guarantee'' and inserting ``loan, loan guarantee, or grant'';
(5) in subsection (j)--
(A) in the matter preceding paragraph (1), by
striking ``loan and loan guarantee'' and inserting
``loan, loan guarantee, and grant'';
(B) in paragraph (1)--
(i) by striking ``loans'' and inserting
``loans or grants''; and
(ii) by striking ``loan'' and inserting
``loan or grant'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking
``loan'' and inserting ``loan or grant'';
(ii) in subparagraph (B), by striking
``loans and loan guarantees'' and inserting
``loans, loan guarantees, and grants''; and
(iii) in subparagraph (C), by striking
``loans and loan guarantees'' and inserting
``loans, loan guarantees, and grants''; and
(D) in paragraph (3), by striking ``loan'' and
inserting ``loan or grant'';
(6) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively;
(7) by inserting after subsection (j) the following new
subsection:
``(k) Matching Funds Requirement.--The recipient of a grant under
this section shall provide funds, in-kind contributions, or a
combination of both, from sources other than funds provided through
such grant in an amount that is at least equal to 10 percent of the
amount of such grant.'';
(8) in subsection (l) (as so redesignated)--
(A) in paragraph (1), by striking ``section'' and
all that follows through ``expended.'' and inserting
the following: ``section--
``(A) $25,000,000 for each of fiscal years 2008
through 2015, to remain available until expended; and
``(B) $50,000,000 for each of fiscal years 2016
through 2020, to remain available until expended.'';
and
(B) in paragraph (2)(A), by striking ``loans and
loan guarantees'' and inserting ``loans, loan
guarantees, and grants'' each place it appears in
clauses (i) and (ii); and
(9) in subsection (m) (as so redesignated)--
(A) by striking ``loan or loan guarantee'' and
inserting ``loan, loan guarantee, or grant''; and
(B) by striking ``2018'' and inserting ``2020''.
(b) Priority for Support for Development of Broadband Service.--
Paragraph (2) of section 601(c) of the Rural Electrification Act of
1936 (7 U.S.C. 950bb(c)), as amended by subsection (a), is further
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) give priority to applicants that offer in the
applications of the applicants to provide support for
mutijurisdictional projects for the development of
broadband service in rural areas that are developed
through the collaboration and participation of multiple
stakeholders in the service area of such a project,
including State, local, and tribal governments,
nonprofit institutions, institutions of higher
education, and private entities.''. | Rural Broadband Infrastructure Investment Act This bill amends the Rural Electrification Act of 1936 to authorize the Department of Agriculture (USDA) to provide additional loans and grants for the development of telecommunications and broadband services in rural areas. USDA may give preference to loan applications for projects that support the development of telecommunications services in rural areas on a multijurisdictional basis. In evaluating applications, USDA must consider whether: the project was developed through the collaboration and participation of multiple stakeholders in the service area; the applicant understands the regional resources that could support the project, including natural resources, human resources, infrastructure, and financial resources; and the project has clear objectives and a means to establish performance measures. For the purpose of loans, loan guarantees, and grants, a rural area is any area of the United States not included within the boundaries of any incorporated or unincorporated city, village, or borough having a population in excess of 20,000 inhabitants. USDA may provide grants, in addition to loans and loan guarantees permitted under current law, for the construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas. In providing loans, loan guarantees, and grants, USDA may give priority to multijurisdictional projects for the development of broadband service in rural areas that are developed through the collaboration and participation of multiple stakeholders in the service area. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Homeownership
Opportunities Act''.
SEC. 2. PERMANENT CONFORMING LOAN LIMIT INCREASE FOR FREDDIE MAC AND
FANNIE MAE.
(a) Freddie Mac.--
(1) Conforming loan limit increase.--Paragraph (2) of
section 305(a) of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1454(a)(2)) is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) in the first sentence, by redesignating clauses
(A) through (C) as clauses (i) through (iii),
respectively;
(C) in the second sentence, by striking ``clause
(A)'' and inserting ``clause (i)'';
(D) in the sixth sentence by striking ``January 1
of each year beginning after the effective date of the
Federal Housing Finance Regulatory Reform Act of 2008''
and inserting ``January 1, 2010, and January 1 of each
year thereafter''; and
(E) in the last sentence--
(i) by striking ``115 percent'' each place
it appears and inserting ``125 percent''; and
(ii) by striking ``150 percent'' and
inserting ``175 percent''.
(2) Discretionary authority.--Paragraph (2) of section
305(a) of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1454(a)(2)), as amended by paragraph (1), is further
amended by adding at the end the following new subparagraphs:
``(B) Notwithstanding subparagraph (A) and subject to
subparagraph (C), the Director of the Federal Housing Finance
Agency may--
``(i) increase the limitation on the maximum
original principal obligation of a mortgage that may be
purchased by the Corporation that is otherwise in
effect pursuant to the sixth sentence of subparagraph
(A) with respect to any particular size or sizes of
residences located in any particular area or areas by
not more than $100,000; or
``(ii) increase, for any geographic area that is
smaller than an area for which a dollar amount
limitation on the principal obligation of a mortgage is
established pursuant to this paragraph, the limitation
otherwise in effect for such size or sizes of
residences for such sub-area or sub-areas, but in no
case to an amount that exceeds the maximum nationwide
amount otherwise permitted under this subparagraph.
``(C) The Director of the Federal Housing Finance Agency
may increase the limitation on the maximum original principal
obligation of a mortgage for any area or sub-area pursuant to
subparagraph (B) only if the Director makes a determination
that--
``(i) such increase is warranted by higher median
home prices in such area or sub-area; and
``(ii) such increase will have a significant impact
on the cost or availability of mortgages having
principal obligation amounts in the range of such
increased limit.
``(D) Notwithstanding the calculation of the limitation on
the maximum original principal obligation of a mortgage that
may be purchased by the Corporation for an area pursuant to the
last sentence of subparagraph (A), if any recalculation of the
local median home price for any area would otherwise result in
a decrease in the maximum original principal limitation for any
size residence in any such area, the Director of the Federal
Housing Finance Agency may prevent or limit a decrease in such
limitation from taking place for any such area. In taking such
action, the Director shall consider such factors as market
dislocations caused by a decrease in such limitation, the
extent of the median home price decline, and the causes for
such reduction in median home price.''.
(b) Fannie Mae.--
(1) Conforming loan limit increase.--Paragraph (2) of
section 302(b) of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1717(b)(2)) is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) in the second sentence, by redesignating
clauses (A) through (C) as clauses (i) through (iii),
respectively;
(C) in the third sentence, by striking ``clause
(A)'' and inserting ``clause (i)'';
(D) in the seventh sentence by striking ``January 1
of each year beginning after the effective date of the
Federal Housing Finance Regulatory Reform Act of 2008''
and inserting ``January 1, 2010, and January 1 of each
year thereafter''; and
(E) in the last sentence--
(i) by striking ``115 percent'' each place
it appears and inserting ``125 percent''; and
(ii) by striking ``150 percent'' and
inserting ``175 percent''.
(2) Discretionary authority.--Paragraph (2) of section
302(b) of the Federal National Mortgage Association Charter Act
(12 U.S.C. 1717(b)(2)), as amended by paragraph (1), is further
amended by adding at the end the following new subparagraphs:
``(B) Notwithstanding subparagraph (A) and subject to
subparagraph (C), the Director of the Federal Housing Finance
Agency may--
``(i) increase the limitation on the maximum
original principal obligation of a mortgage that may be
purchased by the corporation that is otherwise in
effect pursuant to the seventh sentence of subparagraph
(A) with respect to any particular size or sizes of
residences located in any particular area or areas by
not more than $100,000; or
``(ii) increase, for any geographic area that is
smaller than an area for which a dollar amount
limitation on the principal obligation of a mortgage is
established pursuant to this paragraph, the limitation
otherwise in effect for such size or sizes of
residences for such sub-area or sub-areas, but in no
case to an amount that exceeds the maximum nationwide
amount otherwise permitted under this subparagraph.
``(C) The Director of the Federal Housing Finance Agency
may increase the limitation on the maximum original principal
obligation of a mortgage for any area or sub-area pursuant to
subparagraph (B) only if the Director makes a determination
that--
``(i) such increase is warranted by higher median
home prices in such area or sub-area; and
``(ii) such increase will have a significant impact
on the cost or availability of mortgages having
principal obligation amounts in the range of such
increased limit.
``(D) Notwithstanding the calculation of the limitation on
the maximum original principal obligation of a mortgage that
may be purchased by the corporation for an area pursuant to the
last sentence of subparagraph (A), if any recalculation of the
local median home price for any area would otherwise result in
a decrease in the maximum original principal limitation for any
size residence in any such area, the Director of the Federal
Housing Finance Agency may prevent or limit a decrease in such
limitation from taking place for any such area. In taking
such action, the Director shall consider such factors as market
dislocations caused by a decrease in such limitation, the
extent of the median home price decline, and the causes for
such reduction in median home price.''.
SEC. 3. PERMANENT LOAN LIMIT INCREASE FOR FHA.
(a) Loan Limit Increase.--Subparagraph (A) of section 203(b)(2) of
the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended--
(1) in clause (i) by striking ``115 percent'' and inserting
``125 percent''; and
(2) in clause (ii) by striking ``150 percent'' and
inserting ``175 percent''.
(b) Discretionary Authority.--Subparagraph (A) of section 203(b)(2)
of the National Housing Act (12 U.S.C. 1709(b)(2)(A) is amended by
inserting after ``; and'' at the end the following: ``except that, if
the Secretary determines an increase is warranted by higher median home
prices in an area or sub-area and such an increase will have a
significant impact on the cost or availability of mortgages having
principal obligation amounts in the range of an increased limit, the
Secretary may increase the maximum dollar amount limitation that is
otherwise in effect pursuant to the preceding provisions of this
subparagraph with respect to any particular size or sizes of
residences, or with respect to residences located in any particular
area or areas, by not more than $100,000, or increase, for any
geographic area that is smaller than an area for which a dollar amount
limitation is determined pursuant to the preceding provisions of this
subparagraph, the limitation otherwise in effect for such size or sizes
of residences for such sub-area or sub-areas, but in no case to an
amount that exceeds the maximum nationwide amount otherwise permitted
under this subparagraph; and except that notwithstanding the
calculation of the maximum dollar amount limitation for any area
pursuant to clause (i) of this subparagraph, if any recalculation of
the local median home price for any area would otherwise result in a
decrease in the maximum dollar amount limitation for any size residence
in any such area, the Secretary, considering such factors as market
dislocations caused by a decrease in such dollar amount limitation, the
extent of the median home price decline, and the causes for such
reduction in median home price, may prevent or limit a decrease in such
dollar amount limitation from taking place for any such area; and''.
SEC. 4. EXISTING LOAN LIMITS.
This Act may not be construed to affect the loan limits for the
Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association in effect under section 1203 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) or the FHA mortgage amount
limitations in effect under section 1202 of such Act.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect January 1, 2010. | Increasing Homeownership Opportunities Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Association (Freddie Mac).
Increases such limitations in areas where 125% (currently, 115%) of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size.
Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to increase existing mortgage purchase limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes.
Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD).
Gives the Secretary discretion to increase mortgage insurance limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buffalo Bayou National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Buffalo Bayou National Heritage Area, established in this Act.
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
this Act.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under this
Act.
(4) Map.--The term ``map'' means the map entitled ``Buffalo
Bayou National Heritage Area Proposed Boundary'', numbered T11/
101,592, and dated March 2010.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Texas.
SEC. 3. BUFFALO BAYOU NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the Buffalo
Bayou National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of areas included
in the map in Harris County, Texas.
(c) Map.--A map of the Heritage Area shall be--
(1) included in the management plan; and
(2) on file and available for public inspection in the
appropriate offices of the National Park Service.
(d) Management Entity.--The management entity for the Heritage Area
shall be the Buffalo Bayou National Heritage Area Corporation.
SEC. 4. ADMINISTRATION.
(a) Authorities.--For purposes of carrying out the management plan,
the Secretary, acting through the management entity, may use amounts
made available under this Act to--
(1) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, and heritage programming;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the Heritage Area and is consistent with the approved
management plan.
(b) Duties.--The management entity shall--
(1) in accordance with section 5, prepare and submit a
management plan for the Heritage Area to the Secretary;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of, and
appreciation for, natural, historical, scenic, and
cultural resources of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access,
and sites of interest are posted throughout the
Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(5) for any year that Federal funds have been received
under this Act--
(A) submit an annual report to the Secretary that
describes the activities, expenses, and income of the
management entity (including grants to any other
entities during the year that the report is made);
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the
funds make available to the Secretary for audit all
records concerning the expenditure of the funds; and
(6) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(c) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds made available under this
Act to acquire real property or any interest in real property.
(d) Cost-Sharing Requirement.--The Federal share of the cost of any
activity carried out using any assistance made available under this Act
shall be 50 percent.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall submit to the Secretary for
approval a proposed management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area;
(2) take into consideration State and local plans;
(3) include--
(A) an inventory of--
(i) the resources located in the core area
described in section 4(b); and
(ii) any other property in the core area
that--
(I) is related to the themes of the
Heritage Area; and
(II) should be preserved, restored,
managed, or maintained because of the
significance of the property;
(B) comprehensive policies, strategies, and
recommendations for conservation, funding, management,
and development of the Heritage Area;
(C) a description of actions that governments,
private organizations, and individuals have agreed to
take to protect the natural, historical, and cultural
resources of the Heritage Area;
(D) a program of implementation for the management
plan by the management entity that includes a
description of actions to facilitate ongoing
collaboration among partners to--
(i) promote plans for resource protection,
restoration, and construction; and
(ii) specific commitments for
implementation that have been made by the
management entity or any government,
organization, or individual for the first 5
years of operation;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
local, State, and Federal programs, including the role
of the National Park Service in the Heritage Area, may
best be coordinated to carry out this Act; and
(G) an interpretive plan for the Heritage Area; and
(4) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the natural, historical, cultural,
educational, scenic, and recreational resources of the Heritage
Area.
(c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of enactment
of this Act, the management entity shall be ineligible to receive
additional funding under this Act until the date that the Secretary
receives and approves the management plan.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the management plan under subsection (a), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(A) the management entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
and recreational organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan; and
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage
Area.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 180 days after the receipt of
any proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(4) Amendments.--
(A) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that
the Secretary determines makes a substantial change to
the management plan.
(B) Use of funds.--The management entity shall not
use Federal funds authorized by this Act to carry out
any amendments to the management plan until the
Secretary has approved the amendments.
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities with the
Secretary and the management entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY PROTECTION.
Nothing in this Act--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 8. WATER RIGHTS.
(a) Statement of Policy.--Nothing in this Act is meant to modify
the Rio Grande Natural Area Act.
(b) Applicability.--Nothing in this Act--
(1) amends, modifies, or is in conflict with the Act of May
31, 1939 (53 Stat. 785, chapter 155);
(2) authorizes the regulation of private land in the
Heritage Area;
(3) authorizes the imposition of any mandatory streamflow
requirements;
(4) creates an express or implied Federal reserved water
right;
(5) imposes any Federal water quality standard within or
upstream of the Heritage Area that is more restrictive than
would be applicable had the Heritage Area not been established;
or
(6) prevents the State of Texas from acquiring an instream
flow through the Heritage Area under the terms, conditions, and
limitations of State law to assist in protecting the natural
environment to the extent and for the purposes authorized by
State law.
SEC. 9. EVALUATION REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the management entity with
respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Required analysis.--If the report prepared under
paragraph (1) recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(B) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(3) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000, of which not more than $1,000,000 may be made available
for any fiscal year.
SEC. 11. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date that funds are
first made available to carry out this Act. | Buffalo Bayou National Heritage Area Act - Establishes the Buffalo Bayou National Heritage Area in Texas. Designates the Buffalo Bayou National Heritage Area Corporation as the management entity for the Heritage Area. Requires the Corporation to submit a management plan for the Heritage Area.
Requires the federal cost share of any activity carried out using assistance under this Act to be half of that activity's cost.
Sets forth requirements for the approval or disapproval of the management plan by the Secretary of the Interior.
Specifies this Act's effect on private property protections and water rights with regard to the Heritage Area. Bars anything in this Act from being meant as modifying the Rio Grande Natural Area Act. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stealth Lobbyist Disclosure Act of
2002''.
SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN ORGANIZATIONS.
(a) In General.--Section 527 of the Internal Revenue Code of 1986
(relating to political organizations) is amended by adding at the end
the following new subsection:
``(k) Disclosure of Certain Lobbying Activities.--
``(1) In general.--In the case of a coalition or
association that is identified as a client on any registration
filed under section 4 of the Lobbying Disclosure Act of 1995
and that is not a political organization (determined without
regard to this paragraph)--
``(A) such coalition or association shall be
treated for purposes of this title as a separate entity
which is a political organization, and
``(B) this section shall be applied to such
coalition or association with the following
modifications:
``(i) The function of conducting lobbying
activities (as defined in section 3(7) of the
Lobbying Disclosure Act of 1995) shall be
treated as its exempt function.
``(ii) The specific deduction under
subsection (c)(2)(A) shall not be allowed.
``(iii) Subparagraphs (C) and (D) of
subsection (c)(3) shall not apply.
``(iv) The disclosure requirements of
paragraph (2) shall apply in lieu of the
requirements of subsections (i) and (j).
For purposes of subparagraph (B)(i), lobbying activities shall
not include any activity described in subparagraph (C), (D), or
(E) of section 4911(d)(2).
``(2) Disclosure requirements.--
``(A) Establishment.--A coalition or association
which is treated under paragraph (1) as a political
organization shall notify the Secretary, electronically
and in writing, of its existence. Such notice shall be
transmitted not later than 72 hours after a lobbyist
first makes a lobbying contact (or, if earlier, is
employed or retained to make a lobbying contact) on
behalf of such coalition or association. For purposes
of the preceding sentence, the terms `lobbyist' and
`lobbying contact' have the respective meanings given
to such terms by section 3 of the Lobbying Disclosure
Act of 1995.
``(B) Change in membership.--A coalition or
association which is required to provide a notice to
the Secretary under paragraph (1) shall also notify the
Secretary, electronically and in writing, of any change
in its membership since its prior required notice under
this paragraph. Such notice shall be transmitted not
later than 72 hours after the date of the membership
change.
``(3) Contents of notice.--
``(A) Initial notice.--Each notice required under
paragraph (2)(A) shall include information regarding--
``(i) the name, address, business telephone
number, and principal place of business of each
of the members of the coalition or association,
``(ii) a general description of the
business or activities of each of such members,
and
``(iii) the amount reasonably expected to
be contributed by each of such members toward
the activities of the coalition or association
of influencing legislation.
``(B) Notice of membership change.--Each notice
required under paragraph (2)(B) shall include--
``(i) if the notice relates to a new member
of the coalition or association, the
information described in subparagraph (A) with
respect to such new member, and
``(ii) if the notice relates to the
cessation of a person's membership, the name of
such person.
``(4) Effect of failure.--
``(A) In general.--In the case of--
``(i) a failure to give the notice required
under paragraph (2) at the time and in the
manner prescribed therefor, or
``(ii) a failure to include any of the
information required to be included in such
notice or to show the correct information,
there shall be paid by the coalition or association an
amount equal to the rate of tax specified in subsection
(b)(1) multiplied by the amount involved.
``(B) Amount involved.--For purposes of
subparagraph (A), the amount involved with respect to
any failure is--
``(i) in the case of a failure to file the
notice under paragraph (2)(A) at the time and
in the manner prescribed therefor, the amount
which is reasonably expected to be paid by the coalition or association
or its members to the person filing the registration statement, and
``(ii) in the case of a failure to include
any of the information required to be included
in such notice, or to show the correct
information, with respect to any member, the
amount reasonably expected to be contributed by
such member toward the activities of the
coalition or association of influencing
legislation.
``(C) Joint and several liability.--All members of
the coalition or association shall be jointly and
severally liable under this paragraph for any failure.
``(D) Procedures for assessment and collection of
penalty.--For purposes of subtitle F, the penalty
imposed by this paragraph shall be assessed and
collected in the same manner as penalties imposed by
section 6652(c).
``(5) Exception for certain tax-exempt associations.--This
subsection shall not apply to any association--
``(A) which is described in section 501(c)(3) and
exempt from tax under section 501(a), or
``(B)(i) which is described in any other paragraph
of section 501(c) and exempt from tax under section
501(a), and
``(ii) which has substantial exempt activities
other than lobbying with respect to the specific issue
for which it engaged the person filing the registration
statement under section 4 of the Lobbying Disclosure
Act of 1995.
The preceding sentence shall not apply to any association
formed or availed of to avoid the purposes of this subsection.
``(6) Exception from disclosure for certain members.--
``(A) In general.--Information on a member of a
coalition or association need not be included in any
notice under paragraph (3) if the amount referred to in
paragraph (3)(A)(iii) with respect to such member is
less than $2,000 per year.
``(B) Expenditures in excess of expected amount.--
If--
``(i) information on a member of a
coalition or association is not included in any
notice by reason of subparagraph (A), and
``(ii) the amount contributed by such
member toward the activities of the coalition
or association of influencing legislation
exceeds $2,200 per year,
such member shall be treated for purposes of this
subsection as a new member of such coalition or
association as of the earliest date that clause (ii) is
met.
``(7) Look-thru rules.--In the case of a coalition or
association which is treated as a political organization under
paragraph (1)--
``(A) such coalition or association shall be
treated as employing or retaining other persons to
conduct lobbying activities for purposes of determining
whether any individual member thereof is treated as a
political organization under paragraph (1), and
``(B) information on such coalition or association
need not be included in any notice under paragraph (2)
of the coalition or association with respect to which
it is treated as a political organization under
paragraph (1).''.
(b) Public Disclosure of Notices.--Subsection (a) of section 6104
of such Code is amended by adding at the end the following new
paragraph:
``(4) Information available on internet and in person.--
``(A) In general.--The Secretary shall make
publicly available, on the Internet and at the offices
of the Internal Revenue Service--
``(i) a list of all political organizations
which file a notice with the Secretary under
section 527(k), and
``(ii) the information provided in such
notice.
``(B) Time to make information available.--The
Secretary shall make available the information required
under subparagraph (A) not later than 5 business days
after the Secretary receives a notice from a political
organization under section 527(k).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) coalitions and associations listed on
registration statements filed under section 4 of the
Lobbying Disclosure Act of 1995 after the date of the
enactment of this Act, and
(B) coalitions and associations for whom any
lobbying contact is made after the date of the
enactment of this Act.
(2) Special rule.--In the case of any coalition or
association to which the amendments made by this Act apply by
reason of paragraph (1)(B), the time to file the notice under
section 527(k)(2) of the Internal Revenue Code of 1986, as
added by this section, shall be 30 days after the date of the
enactment of this section. | Stealth Lobbyist Disclosure Act of 2002 - Amends the Internal Revenue Code to treat certain associations or coalitions as political organizations and thus require disclosure of their lobbying activities. Sets forth disclosure requirements, including notice requirements. Exempts certain tax-exempt organizations from such provisions. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonuses for Cost-Cutters Act of
2017''.
SEC. 2. COST SAVINGS ENHANCEMENTS.
(a) In General.--
(1) Definitions.--Section 4511 of title 5, United States
Code, is amended--
(A) in the section heading, by striking
``Definition'' and inserting ``Definitions''; and
(B) in subsection (a)--
(i) by striking ``this subchapter, the
term'' and inserting the following: ``this
subchapter--
``(1) the term'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(2) the term `surplus salaries and expenses funds' means
amounts made available for the salaries and expenses account,
or equivalent account, of an agency--
``(A) that are identified by an employee of the
agency under section 4512(a) as unnecessary;
``(B) that the Inspector General of the agency or
other agency employee designated under section 4512(b)
determines are not required for the purpose for which
the amounts were made available;
``(C) that the Chief Financial Officer of the
agency determines are not required for the purpose for
which the amounts were made available; and
``(D) the rescission of which would not be
detrimental to the full execution of the purposes for
which the amounts were made available.''.
(2) Authority.--Section 4512 of title 5, United States
Code, is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by inserting ``or identification of surplus
salaries and expenses funds'' after
``mismanagement'';
(ii) in paragraph (2), by inserting ``or
identification'' after ``disclosure''; and
(iii) in the matter following paragraph
(2), by inserting ``or identification'' after
``disclosure''; and
(B) by adding at the end the following:
``(c)(1) The Inspector General of an agency or other agency
employee designated under subsection (b) shall refer to the Chief
Financial Officer of the agency any potential surplus salaries and
expenses funds identified by an employee that the Inspector General or
other agency employee determines meets the requirements under
subparagraphs (B) and (D) of section 4511(a)(2), along with any
recommendations of the Inspector General or other agency employee.
``(2)(A) If the Chief Financial Officer of the agency determines
that potential surplus salaries and expenses funds referred under
paragraph (1) meet the requirements under section 4511(a)(2), except as
provided in subsection (d), the head of the agency shall transfer the
amount of the surplus salaries and expenses funds from the applicable
appropriations account to the general fund of the Treasury.
``(B) Any amounts transferred under subparagraph (A) shall be
deposited in the Treasury and used for deficit reduction, except that
in the case of a fiscal year for which there is no Federal budget
deficit, such amounts shall be used to reduce the Federal debt (in such
manner as the Secretary of the Treasury considers appropriate).
``(3) The Inspector General or other agency employee designated
under subsection (b) for each agency and the Chief Financial Officer
for each agency shall issue standards and definitions for purposes of
making determinations relating to potential surplus salaries and
expenses funds identified by an employee under this subsection.
``(d)(1) The head of an agency may retain not more than 10 percent
of amounts to be transferred to the general fund of the Treasury under
subsection (c)(2).
``(2) Amounts retained by the head of an agency under paragraph (1)
may be--
``(A) used for the purpose of paying a cash award under
subsection (a) to one or more employees who identified the
surplus salaries and expenses funds; and
``(B) to the extent amounts remain after paying cash awards
under subsection (a), transferred or reprogrammed for use by
the agency, in accordance with any limitation on such a
transfer or reprogramming under any other provision of law.
``(e)(1) Not later than October 1 of each fiscal year, the head of
each agency shall submit to the Secretary of the Treasury a report
identifying the total savings achieved during the previous fiscal year
through disclosures of possible fraud, waste, or mismanagement and
identifications of surplus salaries and expenses funds by an employee.
``(2) Not later than September 30 of each fiscal year, the head of
each agency shall submit to the Secretary of the Treasury a report
that, for the previous fiscal year--
``(A) describes each disclosure of possible fraud, waste,
or mismanagement or identification of potentially surplus
salaries and expenses funds by an employee of the agency
determined by the agency to have merit; and
``(B) provides the number and amount of cash awards by the
agency under subsection (a).
``(3) The head of each agency shall include the information
described in paragraphs (1) and (2) in each budget request of the
agency submitted to the Office of Management and Budget as part of the
preparation of the budget of the President submitted to Congress under
section 1105(a) of title 31.
``(4) The Secretary of the Treasury shall submit to the Committee
on Appropriations of the Senate, the Committee on Appropriations of the
House of Representatives, and the Government Accountability Office an
annual report on Federal cost saving and awards based on the reports
submitted under paragraphs (1) and (2).
``(f) The Director of the Office of Personnel Management shall--
``(1) ensure that the cash award program of each agency
complies with this section; and
``(2) submit to Congress an annual certification indicating
whether the cash award program of each agency complies with
this section.
``(g) Not later than 3 years after the date of enactment of this
subsection, and every 3 years thereafter, the Comptroller General of
the United States shall submit to Congress a report on the operation of
the cost savings and awards program under this section, including any
recommendations for legislative changes.''.
(3) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 45 of title 5, United
States Code, is amended by striking the item relating to
section 4511 and inserting the following:
``4511. Definitions and general provisions.''.
(4) Sunset.--Effective 6 years after the date of enactment
of this Act--
(A) section 4511 of title 5, United States Code, is
amended--
(i) in the section heading, by striking
``Definitions'' and inserting ``Definition'';
and
(ii) in subsection (a)--
(I) in paragraph (1), by striking
``; and'' and inserting a period;
(II) by striking ``this
subchapter--'' and all that follows
through ``the term `agency' means'' and
inserting ``this subchapter, the term
`agency' means''; and
(III) by striking paragraph (2);
(B) section 4512 of title 5, United States Code, is
amended--
(i) in subsection (a)--
(I) in the matter preceding
paragraph (1), by striking ``or
identification of surplus salaries and
expenses funds'';
(II) in paragraph (2), by striking
``or identification''; and
(III) in the matter following
paragraph (2), by striking ``or
identification''; and
(ii) by striking subsections (c) through
(g); and
(C) the table of sections for subchapter II of
chapter 45 of title 5, United States Code, is amended
by striking the item relating to section 4511 and
inserting the following:
``4511. Definition and general provisions.''.
(b) Officers Eligible for Cash Awards.--
(1) In general.--Section 4509 of title 5, United States
Code, is amended to read as follows:
``Sec. 4509. Prohibition of cash award to certain officers
``(a) Definitions.--In this section, the term `agency'--
``(1) has the meaning given that term under section 551(1);
and
``(2) includes an entity described in section 4501(1).
``(b) Prohibition.--An officer may not receive a cash award under
this subchapter if the officer--
``(1) serves in a position at level I of the Executive
Schedule;
``(2) is the head of an agency; or
``(3) is a commissioner, board member, or other voting
member of an independent establishment.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 45 of title 5, United States Code, is
amended by striking the item relating to section 4509 and
inserting the following:
``4509. Prohibition of cash award to certain officers.''. | Bonuses for Cost-Cutters Act of 2017 This bill temporarily expands the awards program for cost-saving identifications by federal employees of fraud, waste, or mismanagement to include identifications of surplus salaries-and-expenses funds. Savings resulting from such identifications shall generally be used for deficit reduction, but agencies may retain up to 10% of such savings for the purpose of paying cash awards to employees for making the identifications. | billsum_train |
Make a summary of the following text: 50, Seventy-ninth
Congress. Such regulations shall also grant the option to
deduct as expenses intangible drilling and development costs in
the case of wells drilled for any geothermal deposit (as
defined in section 613(e)(2)) to the same extent and in the
same manner as such expenses are deductible in the case of oil
and gas wells. This subsection shall not apply with respect to
any costs to which any deduction is allowed under section 59(e)
or 291.
``(2) Exclusion.--
``(A) In general.--This subsection shall not apply
to amounts paid or incurred by a taxpayer in any
taxable year in which such taxpayer is a major
integrated oil company (within the meaning of section
167(h)(5)).
``(B) Amortization of amounts not allowable as
deductions under subparagraph (a).--The amount not
allowable as a deduction for any taxable year by reason
of subparagraph (A) shall be allowable as a deduction
ratably over the 60-month period beginning with the
month in which the costs are paid or incurred. For
purposes of section 1254, any deduction under this
subparagraph shall be treated as a deduction under this
subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2015.
SEC. 5064. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
WELLS.
(a) In General.--Section 613A is amended by adding at the end the
following new subsection:
``(f) Application With Respect to Major Integrated Oil Companies.--
In the case of any taxable year in which the taxpayer is a major
integrated oil company (within the meaning of section 167(h)(5)), the
allowance for percentage depletion shall be zero.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
SEC. 5065. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Section 193 is amended by adding at the end the
following new subsection:
``(d) Application With Respect to Major Integrated Oil Companies.--
``(1) In general.--This section shall not apply to amounts
paid or incurred by a taxpayer in any taxable year in which
such taxpayer is a major integrated oil company (within the
meaning of section 167(h)(5)).
``(2) Amortization of amounts not allowable as deductions
under paragraph (1).--The amount not allowable as a deduction
for any taxable year by reason of paragraph (1) shall be
allowable as a deduction ratably over the 60-month period
beginning with the month in which the costs are paid or
incurred.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2015.
TITLE VI--CONSERVATION REAUTHORIZATION
SEC. 6001. NATIONAL PARK SERVICE CENTENNIAL FUND.
(a) In General.--Chapter 1049 of title 54, United States Code, is
amended by adding at the end the following:
``Sec. 104908. National Park Service Centennial Fund
``(a) In General.--There is established in the Treasury a fund, to
be known as the `National Park Service Centennial Fund' (referred to in
this section as the `Fund').
``(b) Deposits to Fund.--Notwithstanding any provision of law
providing that the proceeds shall be credited to miscellaneous receipts
of the Treasury, for each fiscal year, there shall be deposited in the
Fund, from revenues due and payable to the United States under section
9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338),
$150,000,000.
``(c) Availability.--Amounts deposited in the Fund shall be made
available for expenditure, without further appropriation or fiscal year
limitation, in accordance with this section.
``(d) Use of Fund.--The Secretary shall use amounts in the Fund for
critical National Park System maintenance and infrastructure needs and
other projects and programs that will better enable the National Park
Service to protect park resources and provide improved visitor
services.
``(e) Land Acquisition Prohibition.--Amounts in the Fund shall not
be used for land acquisition.''.
(b) Clerical Amendment.--The table of sections for chapter 1049 of
title 54, United States Code, is amended by inserting after the item
relating to section 104907 the following:
``Sec. 104908. National Park Service Centennial Fund.''.
SEC. 6002. LAND AND WATER CONSERVATION FUND.
(a) Permanent Authorization.--Section 200302 of title 54, United
States Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``During the period ending September 30, 2015,
there'' and inserting ``There''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``through
September 30, 2015''; and
(3) by striking paragraph (3).
(b) Full Funding.--Section 200303 of title 54, United States Code,
is amended to read as follows:
``Sec. 200303. Availability of funds
``(a) In General.--Amounts deposited in the Fund under section
200302 on or after the date of enactment of the American Energy
Innovation Act shall be made available for expenditure, without further
appropriation or fiscal year limitation, to carry out the purposes of
the Fund (including accounts and programs made available from the Fund
under the Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235)).
``(b) Additional Amounts.--Amounts made available under subsection
(a) shall be in addition to amounts made available to the Fund under
section 105 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432) or otherwise appropriated from
the Fund.
``(c) Allocation Authority.--
``(1) Submission of cost estimates.--The President shall
submit to Congress detailed account, program, and project
allocations to be funded under subsection (a) as part of the
annual budget submission of the President.
``(2) Alternate allocation.--
``(A) In general.--Appropriations Acts may provide
for alternate allocation of amounts made available
under subsection (a), including allocations by account
and program.
``(B) Allocation by president.--
``(i) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations by the date
that is 120 days after the date on which the
applicable fiscal year begins, amounts made
available under subsection (a) shall be
allocated by the President.
``(ii) Insufficient alternate allocation.--
If Congress enacts legislation establishing
alternate allocations for amounts made
available under subsection (a) that are less
than the full amount appropriated under that
subsection, the difference between the amount
appropriated and the alternate allocation shall
be allocated by the President.
``(3) Annual report.--The President shall submit to
Congress an annual report that describes the final allocation
by account, program, and project of amounts made available
under subsection (a), including a description of the status of
obligations and expenditures.''.
(c) Clerical Amendment.--The table of sections for title 54 is
amended by striking the item relating to section 200303 and inserting
the following:
``Sec. 200303. Availability of funds.''.
(d) Public Access.--Section 200306 of title 54, United States Code,
is amended by adding at the end the following:
``(c) Public Access.--Not less than 1.5 percent of the annual
authorized funding amount shall be made available each year for
projects that secure recreational public access to existing Federal
public land for hunting, fishing, or other recreational purposes.''.
SEC. 6003. HISTORIC PRESERVATION FUND.
(a) Authorization.--Section 303102 of title 54, United States Code,
is amended by striking ``of fiscal years 2012 to 2015'' and inserting
``fiscal year''.
(b) Use and Availability.--Section 303103 of title 54, United
States Code, is amended by striking the first sentence and inserting
the following: ``Amounts deposited in the Historic Preservation Fund on
or after the date of enactment of the American Energy Innovation Act
shall only be used to carry out this division and shall be available
for expenditure without further appropriation.''. | American Energy Innovation Act This bill encourages and establishes requirements concerning: energy efficiency in the electricity grid, the manufacturing sector, certain vehicles and trucks, buildings, homes, and the federal government; protection of the bulk-power system from cybersecurity threats; the security and resiliency of the energy network and applications, including electric, natural gas, and oil exploration, transmission, and delivery; the modernization of energy infrastructure at the federal and state level; the development or deployment of alternative energies; and water conservation measures. The bill establishes: (1) a nonbinding goal to reduce greenhouse gas emissions 2% per year on average through 2025, and (2) a federal energy efficiency resource standard for retail electricity and natural gas suppliers. The bill repeals royalty relief for leases in the Outer Continental Shelf with respect to the production of oil or gas from deep water production or ultra deep wells in shallow waters. The Department of Interior must: (1) prevent venting and flaring of gases in oil and natural gas production operations on federal land, and (2) promote the capture of beneficial use or reinjection of gas in those operations. Interior must establish an annual production incentive fee with respect to public land that is subject to a lease for production of oil or natural gas under which production is not occurring. The bill reauthorizes through FY2020 the Department of Energy's: (1) Weatherization Assistance Program, (2) State Energy Program, (3) basic research, and (4) the Advanced Research Projects Agency-Energy. The bill also revises and reauthorizes the Water Desalination Act of 1996. The bill amends the Internal Revenue Code to: (1) provide tax incentives for producing clean energy and for reducing energy use in homes or commercial buildings, (2) extend through 2017 energy-related tax credits, (3) subject oil derived from tar sands to an excise tax, and (4) repeal certain oil and gas tax subsidies for major integrated oil companies. The bill: (1) establishes the National Park Service Centennial Fund, and (2) permanently reauthorizes the Land and Water Conservation Fund and the Historic Preservation Fund. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Chemical Diversion Control
Act of 1993''.
SEC. 2. DEFINITION AMENDMENTS.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) in paragraph (33), by striking ``any listed precursor
chemical or listed essential chemical'' and inserting ``any
list I chemical or any list II chemical'';
(2) in paragraph (34)--
(A) by striking ``listed precursor chemical'' and
inserting ``list I chemical''; and
(B) by striking ``critical to the creation'' and
inserting ``important to the manufacture'';
(3) in paragraph (34)(A), (F), and (H), by inserting ``,
its esters,'' before ``and'';
(4) in paragraph (35)--
(A) by striking ``listed essential chemical'' and
inserting ``list II chemical'';
(B) by inserting ``(other than a list I chemical)''
before ``specified''; and
(C) by striking ``as a solvent, reagent, or
catalyst''; and
(5) in paragraph (38), by inserting ``or who acts as a
broker or trader for an international transaction involving a
listed chemical, a tableting machine, or an encapsulating
machine'' before the period;
(6) in paragraph (39)(A)--
(A) by striking ``importation or exportation of''
and inserting ``importation, or exportation of, or an
international transaction involving shipment of,'';
(B) in clause (iii) by inserting ``or any category
of transaction for a specific listed chemical or
chemicals'' after ``transaction'';
(C) by amending clause (iv) to read as follows:
``(iv) any transaction in a listed chemical that is
contained in a drug that may be marketed or distributed
lawfully in the United States under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless--
``(I)(aa) the drug contains ephedrine or
its salts, optical isomers, or salts of optical
isomers as the only active medicinal ingredient
or contains ephedrine or its salts, optical
isomers, or salts of optical isomers and
therapeutically insignificant quantities of
another active medicinal ingredient; or
``(bb) the Attorney General has determined
under section 204 that the drug or group of
drugs is being diverted to obtain the listed
chemical for use in the illicit production of a
controlled substance; and
``(II) the quantity of ephedrine or other
listed chemical contained in the drug included
in the transaction or multiple transactions
equals or exceeds the threshold established for
that chemical by the Attorney General.''; and
(D) in clause (v), by striking the semicolon and
inserting ``which the Attorney General has by
regulation designated as exempt from the application of
this title and title II based on a finding that the
mixture is formulated in such a way that it cannot be
easily used in the illicit production of a controlled
substance and that the listed chemical or chemicals
contained in the mixture cannot be readily
recovered;'';
(7) in paragraph (40), by striking ``listed precursor
chemical or a listed essential chemical'' each place it appears
and inserting ``list I chemical or a list II chemical''; and
(8) by adding at the end the following new paragraphs:
``(42) The term `international transaction' means a transaction
involving the shipment of a listed chemical across an international
border (other than a United States border) in which a broker or trader
located in the United States participates.
``(43) The terms `broker' and `trader' mean a person that assists
in arranging an international transaction in a listed chemical by--
``(A) negotiating contracts;
``(B) serving as an agent or intermediary; or
``(C) bringing together a buyer and seller, a buyer and
transporter, or a seller and transporter.''.
(b) Removal of Exemption of Certain Drugs.--
(1) Procedure.--Part B of the Controlled Substances Act (21
U.S.C. 811 et seq.) is amended by adding at the end the
following new section:
``removal of exemption of certain drugs
``Sec. 204. (a) Removal of Exemption.--The Attorney General shall
by regulation remove from exemption under section 102(39)(A)(iv) a drug
or group of drugs that the Attorney General finds is being diverted to
obtain a listed chemical for use in the illicit production of a
controlled substance.
``(b) Factors To Be Considered.--In removing a drug or group of
drugs from exemption under subsection (a), the Attorney General shall
consider, with respect to a drug or group of drugs that is proposed to
be removed from exemption--
``(1) the scope, duration, and significance of the
diversion;
``(2) whether the drug or group of drugs is formulated in
such a way that it cannot be easily used in the illicit
production of a controlled substance; and
``(3) whether the listed chemical can be readily recovered
from the drug or group of drugs.
``(c) Specificity of Designation.--The Attorney General shall limit
the designation of a drug or a group of drugs removed from exemption
under subsection (a) to the most particularly identifiable type of drug
or group of drugs for which evidence of diversion exists unless there
is evidence, based on the pattern of diversion and other relevant
factors, that the diversion will not be limited to that particular drug
or group of drugs.
``(d) Reinstatement of Exemption With Respect to Particular Drug
Products.--
``(1) Reinstatement.--On application by a manufacturer of a
particular drug product that has been removed from exemption
under subsection (a), the Attorney General shall by regulation
reinstate the exemption with respect to that particular drug
product if the Attorney General determines that the particular
drug product is manufactured and distributed in a manner that
prevents diversion.
``(2) Factors to be considered.--In deciding whether to
reinstate the exemption with respect to a particular drug
product under paragraph (1), the Attorney General shall
consider--
``(A) the package sizes and manner of packaging of
the drug product;
``(B) the manner of distribution and advertising of
the drug product;
``(C) evidence of diversion of the drug product;
``(D) any actions taken by the manufacturer to
prevent diversion of the drug product; and
``(E) such other factors as are relevant to and
consistent with the public health and safety, including
the factors described in subsection (b) as applied to
the drug product.
``(3) Status pending application for reinstatement.--A
transaction involving a particular drug product that is the
subject of a bona fide pending application for reinstatement of
exemption filed with the Attorney General not later than 60
days after a regulation removing the exemption is issued
pursuant to subsection (a) shall not be considered to be a
regulated transaction if the transaction occurs during the
pendency of the application and, if the Attorney General denies
the application, during the period of 60 days following the
date on which the Attorney General denies the application,
unless--
``(A) the Attorney General has evidence that,
applying the factors described in subsection (b) to the
drug product, the drug product is being diverted; and
``(B) the Attorney General so notifies the
applicant.
``(4) Amendment and modification.--A regulation reinstating
an exemption under paragraph (1) may be modified or revoked
with respect to a particular drug product upon a finding that--
``(A) applying the factors described in subsection
(b) to the drug product, the drug product is being
diverted; or
``(B) there is a significant change in the data
that led to the issuance of the regulation.''.
(2) Clerical amendment.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (84
Stat. 1236) is amended by adding at the end of that portion
relating to part B of title II the following new item:
``Sec. 204. Removal of exemption of certain drugs.''.
(c) Regulation of Listed Chemicals.--Section 310 of the Controlled
Substances Act (21 U.S.C. 830) is amended--
(1) in subsection (a)(1)--
(A) by striking ``precursor chemical'' and
inserting ``list I chemical''; and
(B) in subparagraph (B), by striking ``an essential
chemical'' and inserting ``a list II chemical''; and
(2) in subsection (c)(2)(D), by striking ``precursor
chemical'' and inserting ``chemical control''.
SEC. 3. REGISTRATION REQUIREMENTS.
(a) Rules and Regulations.--Section 301 of the Controlled
Substances Act (21 U.S.C. 821) is amended by striking the period and
inserting ``and to the registration and control of regulated persons
and of regulated transactions.''.
(b) Persons Required To Register Under Section 302.--Section 302 of
the Controlled Substances Act (21 U.S.C. 822) is amended--
(1) in subsection (a)(1), by inserting ``or list I
chemical'' after ``controlled substance'' each place it
appears;
(2) in subsection (b)--
(A) by inserting ``or list I chemicals'' after
``controlled substances''; and
(B) by inserting ``or chemicals'' after ``such
substances'';
(3) in subsection (c), by inserting ``or list I chemical''
after ``controlled substance'' each place it appears; and
(4) in subsection (e), by inserting ``or list I chemicals''
after ``controlled substances''.
(c) Registration Requirements Under Section 303.--Section 303 of
the Controlled Substances Act (21 U.S.C. 823) is amended by adding at
the end the following new subsection:
``(h) The Attorney General shall register an applicant to
distribute a list I chemical unless the Attorney General determines
that registration of the applicant is inconsistent with the public
interest. Registration under this subsection shall not be required for
the distribution of a drug product that is exempted under section
102(39)(A)(iv). In determining the public interest for the purposes of
this subsection, the Attorney General shall consider--
``(1) maintenance by the applicant of effective controls
against diversion of listed chemicals into other than
legitimate channels;
``(2) compliance by the applicant with applicable Federal,
State, and local law;
``(3) any prior conviction record of the applicant under
Federal or State laws relating to controlled substances or to
chemicals controlled under Federal or State law;
``(4) any past experience of the applicant in the
manufacture and distribution of chemicals; and
``(5) such other factors as are relevant to and consistent
with the public health and safety.''.
(d) Denial, Revocation, or Suspension of Registration.--Section 304
of the Controlled Substances Act (21 U.S.C. 824) is amended--
(1) in subsection (a)--
(A) by inserting ``or a list I chemical'' after
``controlled substance'' each place it appears; and
(B) by inserting ``or list I chemicals'' after
``controlled substances'';
(2) in subsection (b), by inserting ``or list I chemical''
after ``controlled substance'';
(3) in subsection (f), by inserting ``or list I chemicals''
after ``controlled substances'' each place it appears; and
(4) in subsection (g)--
(A) by inserting ``or list I chemicals'' after
``controlled substances'' each place it appears; and
(B) by inserting ``or list I chemical'' after
``controlled substance'' each place it appears.
(e) Persons Required To Register Under Section 1007.--Section 1007
of the Controlled Substances Import and Export Act (21 U.S.C. 957) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or list I
chemical'' after ``controlled substance''; and
(B) in paragraph (2), by striking ``in schedule I,
II, III, IV, or V,'' and inserting ``or list I
chemical,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or list I
chemical'' after ``controlled substance'' each place it
appears; and
(B) in paragraph (2), by inserting ``or list I
chemicals'' after ``controlled substances''.
(f) Registration Requirements Under Section 1008.--Section 1008 of
the Controlled Substances Import and Export Act (21 U.S.C. 958) is
amended--
(1) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) The Attorney General shall register an applicant to import
or export a list I chemical unless the Attorney General determines that
registration of the applicant is inconsistent with the public interest.
Registration under this subsection shall not be required for the import
or export of a drug product that is exempted under section
102(39)(A)(iv).
``(B) In determining the public interest for the purposes of
subparagraph (A), the Attorney General shall consider the factors
specified in section 303(h).'';
(2) in subsection (d)--
(A) in paragraph (3), by inserting ``or list I
chemical or chemicals,'' after ``substances,''; and
(B) in paragraph (6), by inserting ``or list I
chemicals'' after ``controlled substances'' each place
it appears;
(3) in subsection (e), by striking ``and 307'' and
inserting ``307, and 310''; and
(4) in subsections (f), (g), and (h), by inserting ``or
list I chemicals'' after ``controlled substances'' each place
it appears.
(g) Prohibited Acts C.--Section 403(a) of the Controlled Substances
Act (21 U.S.C. 843(a)) is amended--
(1) by amending paragraphs (6) and (7) to read as follows:
``(6) to possess any three-neck round-bottom flask,
tableting machine, encapsulating machine, or gelatin capsule,
or any equipment, chemical, product, or material which may be
used to manufacture a controlled substance or listed chemical,
knowing, intending, or having reasonable cause to believe, that
it will be used to manufacture a controlled substance or listed
chemical in violation of this title or title II;
``(7) to manufacture, distribute, export, or import any
three-neck round-bottom flask, tableting machine, encapsulating
machine, or gelatin capsule, or any equipment, chemical,
product, or material which may be used to manufacture a
controlled substance or listed chemical, knowing, intending, or
having reasonable cause to believe, that it will be used to
manufacture a controlled substance or listed chemical in
violation of this title or title II or, in the case of an
exportation, in violation of this title or title II or of the
laws of the country to which it is exported;'';
(2) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(9) if the person is a regulated person, to distribute,
import, or export a list I chemical without the registration
required by this Act.''.
SEC. 4. ANTI-SMUGGLING PROVISION.
Section 1010(d) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(d)) is amended--
(1) by striking ``or'' at the end of paragraph (1); and
(2) by adding at the end the following new paragraph:
``(3) imports or exports a listed chemical in violation of
section 1007 or 1018,''.
SEC. 5. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.
Section 510 of the Controlled Substances Act (21 U.S.C. 880) is
amended--
(1) by amending subsection (a)(2) to read as follows:
``(2) places, including factories, warehouses, and other
establishments, and conveyances, where persons registered under
section 303 (or exempt from registration under section 302(d)
or by regulation of the Attorney General) or regulated persons
may lawfully hold, manufacture, distribute, dispense,
administer, or otherwise dispose of controlled substances or
listed chemicals or where records relating to those activities
are maintained.''; and
(2) in subsection (b)(3)--
(A) in subparagraph (B), by inserting ``, listed
chemicals,'' after ``unfinished drugs''; and
(B) in subparagraph (C), by inserting ``or listed
chemical'' after ``controlled substance'' and inserting
``or chemical'' after ``such substance''.
SEC. 6. FORFEITURE EXPANSION.
Section 511(a)(6) of the Controlled Substances Act (21 U.S.C.
881(a)(6)) is amended by inserting ``or listed chemical'' after
``controlled substance''.
SEC. 7. THRESHOLD AMOUNTS.
Section 102(39)(A) of the Controlled Substances Act (21 U.S.C.
802(39)(A)), as amended by section 2, is amended by inserting ``a
listed chemical, or if the Attorney General establishes a threshold
amount for a specific listed chemical,'' before ``a threshold amount,
including a cumulative threshold amount for multiple transactions''.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 120 days after the date of enactment of this Act.
S 1663 IS----2
S 1663 IS----3 | Domestic Chemical Diversion Control Act of 1993 - Amends the Controlled Substances Act to remove ephedrine products from the legal drug exemption of the Chemical Diversion and Trafficking Act (which currently precludes the application of any of the regulatory control measures of such Act to a listed chemical which is contained in a drug product approved under the Federal Food, Drug, and Cosmetic Act).
Directs the Attorney General to remove from exemption any other drug products which are being diverted to use in the illicit production of controlled substances.
Establishes a registration system for distributors, importers, and exporters of listed chemicals which are diverted within the United States. Directs the Attorney General to register an applicant to distribute, and to import or export, a list I (currently, listed precursor) chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest, based on specified criteria. Amends the Controlled Substances Import and Export Act to set penalties for knowingly or intentionally importing or exporting a listed chemical in violation of such registration requirements.
Makes provisions of the Controlled Substances Act regarding administrative inspections and authority, forfeiture, and threshold amounts of substances applicable to listed chemicals, as well as to controlled substances. (Currently only the latter are covered by such provisions.) | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Vessel Discharges Reform
Act of 2013''.
SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A COVERED
VESSEL.
(a) Discharges Incidental to the Normal Operation of a Covered
Vessel.--
(1) No permit required.--Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended by adding at
the end the following:
``(s) Discharges Incidental to the Normal Operation of a Covered
Vessel.--No permit shall be required under this Act by the
Administrator (or a State, in the case of a permit program approved
under subsection (b)) for a discharge incidental to the normal
operation of a covered vessel (as defined in section 312(p)).''.
(2) Best management practices for covered vessels.--Section
312 of the Federal Water Pollution Control Act (33 U.S.C. 1342)
is amended by adding at the end the following:
``(p) Best Management Practices for Covered Vessels.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Covered vessel.--The term `covered vessel'
means every description of watercraft, or other
artificial contrivance used or capable of being used as
a means of transportation on water, that is engaged in
commercial service (as defined under section 2101 of
title 46, United States Code), and--
``(i) is less than 79 feet in length; or
``(ii) is a fishing vessel (as defined in
section 2101 of title 46, United States Code),
regardless of length of the vessel.
``(B) Discharge incidental to the normal operation
of a covered vessel.--
``(i) In general.--The term `discharge
incidental to the normal operation of a covered
vessel' means--
``(I) a discharge into navigable
waters from a covered vessel of--
``(aa)(AA) graywater
(except graywater referred to
in section 312(a)(6)), bilge
water, cooling water, oil water
separator effluent, anti-
fouling hull coating leachate,
boiler or economizer blowdown,
byproducts from cathodic
protection, controllable pitch
propeller and thruster
hydraulic fluid, distillation
and reverse osmosis brine,
elevator pit effluent, firemain
system effluent, freshwater
layup effluent, gas turbine
wash water, motor gasoline and
compensating effluent,
refrigeration and air
condensate effluent, seawater
pumping biofouling prevention
substances, boat engine wet
exhaust, sonar dome effluent,
exhaust gas scrubber washwater,
or stern tube packing gland
effluent; or
``(BB) any other pollutant
associated with the operation
of a marine propulsion system,
shipboard maneuvering system,
habitability system, or
installed major equipment, or
from a protective,
preservative, or absorptive
application to the hull of a
covered vessel;
``(bb) weather deck runoff,
deck wash, aqueous film forming
foam effluent, chain locker
effluent, non-oily machinery
wastewater, underwater ship
husbandry effluent, welldeck
effluent, or fish hold and fish
hold cleaning effluent; or
``(cc) any effluent from a
properly functioning marine
engine; or
``(II) a discharge of a pollutant
into navigable waters in connection
with the testing, maintenance, and
repair of a system, equipment, or an
engine described in item (aa)(BB) or
(cc) of subclause (I) whenever the
covered vessel is waterborne.
``(ii) Exclusion.--The term `discharge
incidental to the normal operation of a covered
vessel' does not include--
``(I) a discharge into navigable
waters from a covered vessel of--
``(aa) ballast water;
``(bb) rubbish, trash,
garbage, incinerator ash, or
other such material discharged
overboard;
``(cc) oil or a hazardous
substance within the meaning of
section 311; or
``(dd) sewage within the
meaning of section 312;
``(II) an emission of an air
pollutant resulting from the operation
onboard a covered vessel of a vessel
propulsion system, motor driven
equipment, or incinerator; or
``(III) a discharge into navigable
waters from a covered vessel when the
covered vessel is operating in a
capacity other than as a means of
transportation on water.
``(2) Determination of discharges subject to best
management practices.--
``(A) Determination.--
``(i) In general.--The Administrator, in
consultation with the Secretary of the
department in which the Coast Guard is
operating, shall determine the discharges
incidental to the normal operation of a covered
vessel for which it is reasonable and
practicable to develop best management
practices to mitigate the adverse impacts of
such discharges on the waters of the United
States.
``(ii) Promulgation.--The Administrator
shall promulgate the determinations under
clause (i) in accordance with section 553 of
title 5, United States Code.
``(B) Considerations.--In making a determination
under subparagraph (A), the Administrator shall
consider--
``(i) the nature of the discharge;
``(ii) the environmental effects of the
discharge, including characteristics of the
receiving waters;
``(iii) the effectiveness of the best
management practice in reducing adverse impacts
of the discharge on water quality;
``(iv) the practicability of developing and
using a best management practice;
``(v) the effect that the use of a best
management practice would have on the
operation, operational capability, or safety of
the vessel;
``(vi) applicable Federal and State law;
``(vii) applicable international standards;
and
``(viii) the economic costs of the use of
the best management practice.
``(C) Timing.--The Administrator shall--
``(i) make initial determinations under
subparagraph (A) not later than 1 year after
the date of enactment of this subsection; and
``(ii) every 5 years thereafter--
``(I) review the determinations;
and
``(II) if necessary, revise the
determinations based on any new
information available to the
Administrator.
``(3) Regulations for the use of best management
practices.--
``(A) In general.--The Secretary of the department
in which the Coast Guard is operating, in consultation
with the Administrator, shall promulgate regulations on
the use of best management practices for discharges
incidental to the normal operation of a covered vessel
that the Administrator determines are reasonable and
practicable to develop under paragraph (2).
``(B) Regulations.--
``(i) In general.--The Secretary shall
promulgate the regulations under this paragraph
as soon as practicable after the Administrator
makes determinations pursuant to paragraph (2).
``(ii) Considerations.--In promulgating
regulations under this paragraph, the Secretary
may--
``(I) distinguish among classes,
types, and sizes of vessels;
``(II) distinguish between new and
existing vessels; and
``(III) provide for a waiver of the
applicability of the standards as
necessary or appropriate to a
particular class, type, age, or size of
vessel.
``(4) Effect of other laws.--This subsection shall not
affect the application of section 311 to a covered vessel.
``(5) Prohibition relating to covered vessels.--After the
effective date of the regulations promulgated by the Secretary
of the department in which the Coast Guard is operating under
paragraph (3), the owner or operator of a covered vessel shall
neither operate in, nor discharge any discharge incidental to
the normal operation of the vessel into, navigable waters, if
the owner or operator of the vessel is not using any applicable
best management practice meeting standards established under
this subsection.''. | Commercial Vessel Discharges Reform Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a permit from being required under such Act for a discharge incidental to the normal operation of a covered vessel. Defines a "covered vessel" to mean every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service and that is: (1) less than 79 feet in length; or (2) a fishing vessel, regardless of length. Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) determine, within one year, the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate adverse impacts on the waters of the United States; and (2) review such determination every five years. Requires the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, to promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the Administrator determines are reasonable and practicable. Prohibits, upon the promulgation of such regulation, the owner or operator of a covered vessel from operating in, or discharging such discharge into, navigable waters, if the owner or operator of the vessel is not using such practices. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricanes Katrina and Rita Flood
Insurance Buy-In Act of 2005''.
SEC. 2. TEMPORARY FLOOD INSURANCE BUY-IN PROGRAM.
(a) In General.--The Director of the Federal Emergency Management
Agency shall make available flood insurance coverage under the national
flood insurance program for eligible structures, in accordance with
this section.
(b) Scope of Coverage.--
(1) Eligible losses.--Coverage may be made available under
this section only for damage or loss to an eligible structure,
but not including any contents thereof, from flooding resulting
from Hurricane Katrina or Hurricane Rita of 2005.
(2) Amount.--The amount of coverage made available under
this section for an eligible structure may not exceed the
lesser of--
(A) the maximum amount of coverage that may be made
available for such structure under the national flood
insurance program; and
(B) the amount of coverage provided for the
structure, as of August 29, 2005, under the policy for
losses caused by wind or windstorm (as referred to in
subsection (c)(4)).
(c) Eligible Structures.--For purposes of this section, an eligible
structure is a structure that--
(1) sustained damage from flooding resulting from Hurricane
Katrina or Hurricane Rita of 2005;
(2) is of a type (including residential properties,
business properties, and others) for which coverage was
generally made available under the national flood insurance
program as of August 29, 2005;
(3) is located in a covered disaster area;
(4) was covered--
(A) in the case of a structure damaged by flooding
resulting from Hurricane Katrina, as of August 29,
2005, by an insurance policy for losses caused by wind
or windstorm; and
(B) in the case of a structure damaged by flooding
resulting from Hurricane Rita, as of September 23,
2005, by such a policy;
(5) is not located in an area that has been identified by
the Director as an area having special flood hazards (as such
term is used for purposes of section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a)); and
(6) was not covered by flood insurance made available under
the national flood insurance program at the time of such
damage.
(d) Premiums.--
(1) Amount.--The Director shall charge, for coverage made
available under this section for an eligible structure,
premiums in the amount equal to 105 percent of the aggregate
amount of premiums that would have been charged, at the time,
for coverage for the structure under the national flood
insurance program (for the type and amount of coverage
provided) for the 10-year period that ends upon the date of
purchase of such coverage.
(2) Deduction from claims.--The Director shall provide that
a purchaser of coverage made available under this section may
pay premiums charged for such coverage under paragraph (1) by
deducting such amounts from the amount of any claims payable
under such coverage.
(3) Credits to nfif.--There shall be credited to the
National Flood Insurance Fund established under section 1310 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4017) the
following amounts:
(A) Any premiums collected pursuant to this
section.
(B) From amounts appropriated under subsection
(i)(1), an amount equal to the amount of any premiums
charged for coverage made available under this
subsection that are not collected by the Director as a
result of the operation of paragraph (2).
(e) Claims.--
(1) In general.--Claims for damage or loss pursuant to
coverage made available under this section may be paid only
from amounts made available in appropriation Acts under
subsection (i).
(2) Exclusion.--Amounts in the National Flood Insurance
Fund established under section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017), including any amount
credited to such Fund under subsection (d)(3), shall not be
available for paying claims under coverage made available under
this section.
(f) Requirements to Obtain Future Coverage and Take Mitigation
Actions.--The Director may not make coverage available under this
section for an eligible structure unless the owner of the structure
enters into a binding agreement, contained in such deed restrictions as
the Director considers appropriate, to ensure that such owner, and any
future owners, will--
(1) at all times after purchasing coverage under this
section for the structure, in perpetuity, maintain coverage
under the national flood insurance program, for any structures
located at any time on the same property on which, at the time
of purchase, such eligible structure is located, in an amount
at least equal to the lesser of--
(A) the value of the structure, as determined by
the Director; or
(B) the maximum limit of coverage made available
with respect to the particular type of property under
the national flood insurance program; and
(2) accept any offer to take mitigation actions or
activities made, with respect to the structure, under a
mitigation program under section 1323, 1361A, or 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a,
4104c).
(g) Premium Rates for Future Coverage.--In establishing rates for
flood insurance coverage, other than coverage under this section, made
available under the national flood insurance program, the Director
shall not consider, in any manner--
(1) any premiums charged or collected under subsection (d);
(2) any claims paid pursuant to coverage made available
under this section; or
(3) any amounts appropriated under subsection (i).
(h) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Covered disaster area.--The term ``covered disaster
area'' means an area--
(A) for which a major disaster was declared by the
President pursuant to title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) as a result of Hurricane
Katrina or Hurricane Rita of 2005; and
(B) in which the sale of flood insurance coverage
was available under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.) as of August 25, 2005.
(2) Director.--The term ``Director'' means the Director of
the Federal Emergency Management Agency.
(i) Authorization of Appropriations.--
(1) For claims payments.--There are authorized to be
appropriated to the Director, such sums as may be necessary to
cover all costs of flood insurance coverage made available
under this section, including administrative expenses and
claims under such coverage.
(2) For mitigation assistance.--There are authorized to be
appropriated such sums as may be necessary, for the National
Flood Insurance Fund established under section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017) and for
the National Flood Mitigation Fund established under section
1367 of such Act (42 U.S.C. 4104d), for use only for mitigation
activities under the programs under sections 1323, 1361A, and
1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4030, 4102a, 4104c), as appropriate, for eligible structures.
(j) Public Notice.--Not later than 30 days after the date of
enactment of this Act, the Director shall issue and widely disseminate
in the covered disaster area public notice of the procedures to be
followed for application for flood insurance authorized by this Act.
(k) Termination.--The Director may not enter into any contract or
policy for coverage under this section except pursuant to an
application for such coverage submitted to the Director before the
expiration of the 90-day period beginning on the date that the public
notice described in subsection (j) is issued. | Hurricanes Katrina and Rita Flood Insurance Buy-In Act of 2005 - Establishes a temporary flood insurance buy-in program. Instructs the Director of the Federal Emergency Management Agency to make flood insurance coverage available under such program for eligible structures (but not their contents) for flooding resulting from Hurricane Katrina or Hurricane Rita. Limits eligibility to structures located in an area not subject to the mandatory purchase requirements of the national flood insurance program, and which were not covered by such insurance at the time of the hurricanes. Prescribes a formula for determination of premiums, which may be paid by deduction from the amount of any claims payable under coverage by the buy-in program. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Serving Institution Digital
and Wireless Technology Opportunity Act of 2005''.
SEC. 2. ESTABLISHMENT OF OFFICE.
(a) In General.--There is established within the National Science
Foundation an Office of Minority Serving Institution Digital and
Wireless Technology to carry out the provisions of this Act.
(b) Purpose.--The Office shall--
(1) strengthen the ability of eligible institutions to
provide capacity for instruction in digital and wireless
network technologies by providing grants to, or executing
contracts or cooperative agreements with, those institutions to
provide such instruction; and
(2) strengthen the national digital and wireless
infrastructure by increasing national investment in
telecommunications and technology infrastructure at eligible
institutions.
SEC. 3. ACTIVITIES SUPPORTED.
An eligible institution shall use a grant, contract, or cooperative
agreement awarded under this Act--
(1) to acquire equipment, instrumentation, networking
capability, hardware and software, digital network technology,
wireless technology, and infrastructure;
(2) to develop and provide educational services, including
faculty development, related to science, mathematics,
engineering, or technology;
(3) to provide teacher education, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use technology in the classroom
or instructional process;
(4) to implement joint projects and consortia to provide
education regarding technology in the classroom with a State or
State education agency, local education agency, community-based
organization, national non-profit organization, or business,
including minority businesses;
(5) to provide professional development in science,
mathematics, engineering, or technology to administrators and
faculty of eligible institutions with institutional
responsibility for technology education;
(6) to provide capacity-building technical assistance to
eligible institutions through remote technical support,
technical assistance workshops, distance learning, new
technologies, and other technological applications;
(7) to foster the use of information communications
technology to increase scientific, mathematical, engineering,
and technology instruction and research; and
(8) to develop proposals to be submitted under this Act and
to develop strategic plans for information technology
investments.
SEC. 4. APPLICATION AND REVIEW PROCEDURE.
(a) In General.--To be eligible to receive a grant, contract, or
cooperative agreement under this Act, an eligible institution shall
submit an application to the Director at such time, in such manner, and
accompanied by such information as the Director may reasonably require.
The Director, in consultation with the advisory council established
under subsection (b), shall establish a procedure by which to accept
and review such applications and publish an announcement of such
procedure, including a statement regarding the availability of funds,
in the Federal Register.
(b) Advisory Council.--The Director shall establish an advisory
council to advise the Director on the best approaches for involving
eligible institutions in the activities described in section 3, and for
reviewing and evaluating proposals submitted to the program. In
selecting the members of the advisory council, the Director may consult
with representatives of appropriate organizations, including
representatives of eligible institutions, to ensure that the membership
of the advisory council reflects participation by technology and
telecommunications institutions, minority businesses, eligible
institution communities, Federal agency personnel, and other
individuals who are knowledgeable about eligible institutions and
technology issues. Any panel assembled to review a proposal submitted
to the program shall include members from minority serving
institutions. Program review criteria shall include consideration of--
(1) demonstrated need for assistance under this Act; and
(2) diversity among the types of institutions receiving
assistance under this Act.
(c) Data Collection.--An eligible institution that receives a
grant, contract, or cooperative agreement under section 2 shall provide
the Office with any relevant institutional statistical or demographic
data requested by the Office.
(d) Information Dissemination.--The Director shall convene an
annual meeting of eligible institutions receiving grants, contracts, or
cooperative agreements under section 2 for the purposes of--
(1) fostering collaboration and capacity-building
activities among eligible institutions; and
(2) disseminating information and ideas generated by such
meetings.
SEC. 5. MATCHING REQUIREMENT.
The Director may not award a grant, contract, or cooperative
agreement to an eligible institution under this Act unless such
institution agrees that, with respect to the costs to be incurred by
the institution in carrying out the program for which the grant,
contract, or cooperative agreement was awarded, such institution will
make available (directly or through donations from public or private
entities) non-Federal contributions in an amount equal to 25 percent of
the amount of the grant, contract, or cooperative agreement awarded by
the Director, or $500,000, whichever is the lesser amount. The Director
shall waive the matching requirement for any institution or consortium
with no endowment, or an endowment that has a current dollar value
lower than $50,000,000.
SEC. 6. LIMITATIONS.
(a) In General.--An eligible institution that receives a grant,
contract, or cooperative agreement under this Act that exceeds
$2,500,000, shall not be eligible to receive another grant, contract,
or cooperative agreement under this Act until every other eligible
institution that has applied for a grant, contract, or cooperative
agreement under this Act has received such a grant, contract, or
cooperative.
(b) Awards Administered by Eligible Institution.--Each grant,
contract, or cooperative agreement awarded under this Act shall be made
to, and administered by, an eligible institution, even when it is
awarded for the implementation of a consortium or joint project.
SEC. 7. ANNUAL REPORT AND EVALUATION.
(a) Annual Report Required From Recipients.--Each institution that
receives a grant, contract, or cooperative agreement under this Act
shall provide an annual report to the Director on its use of the grant,
contract, or cooperative agreement.
(b) Evaluation by Director.--The Director, in consultation with the
Secretary of Education, shall--
(1) review the reports provided under subsection (a) each
year; and
(2) evaluate the program authorized by section 3 on the
basis of those reports every 2 years.
(c) Contents of Evaluation.--The Director, in the evaluation, shall
describe the activities undertaken by those institutions and shall
assess the short-range and long-range impact of activities carried out
under the grant, contract, or cooperative agreement on the students,
faculty, and staff of the institutions.
(d) Report to Congress.--The Director shall submit a report to the
Congress based on the evaluation. In the report, the Director shall
include such recommendations, including recommendations concerning the
continuing need for Federal support of the program, as may be
appropriate.
SEC. 8. DEFINITIONS.
In this Act:
(1) Eligible Institution.--The term ``eligible
institution'' means an institution that is--
(A) a historically Black college or university that
is a part B institution, as defined in section 322(2)
of the Higher Education Act of 1965 (20 U.S.C.
1061(2));
(B) a Hispanic-serving institution, as defined in
section 502(a)(5) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a)(5));
(C) a tribally controlled college or university, as
defined in section 316(b)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)(3));
(D) an Alaska Native-serving institution under
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b));
(E) a Native Hawaiian-serving institution under
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b)); or
(F) an institution determined by the Director, in
consultation with the Secretary of Education, to have
enrolled a substantial number of minority, low-income
students during the previous academic year who received
assistance under subpart I of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a et seq.)
for that year.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) Minority Business.--The term ``minority business''
includes HUBZone small business concerns (as defined in section
3(p) of the Small Business Act (15 U.S.C. 632(p)).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director of the
National Science Foundation $250,000,000 for each of the fiscal years
2006 through 2010 to carry out this Act.
Passed the Senate July 1, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 432
_______________________________________________________________________
AN ACT
To establish a digital and wireless network technology program, and for
other purposes. | Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005 - Establishes within the National Science Foundation (NSF) an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions.
Requires the NSF Director to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions. Requires: (1) a matching recipient contribution of 25 percent of the federal assistance amount; and (2) annual reports from recipients to the NSF Director on the uses of such assistance. Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement. Authorizes appropriations for FY2006-FY2010. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Economic Security
Act of 1993''.
SEC. 2. TAX DEDUCTION FOR CARE OF CERTAIN ELDERLY INDIVIDUALS.
(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 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. EXPENSES FOR CARE OF CERTAIN ELDERLY INDIVIDUALS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the amount by which
the qualified elderly care expenses paid by the taxpayer during the
taxable year exceed 5 percent of the adjusted gross income of the
taxpayer.
``(b) Definitions.--For purposes of this section--
``(1) Qualified elderly care expenses.--The term `qualified
elderly care expenses' means payments by the taxpayer for in-
home custodial care--
``(A) provided to any qualifying elderly
individual, and
``(B) not compensated for by insurance or
otherwise.
``(2) Qualifying elderly individual.--The term `qualifying
elderly individual' means any individual--
``(A) who has attained age 65 before the close of
the taxable year, and
``(B) who is--
``(i) a parent or grandparent of the
taxpayer during the taxable year, or
``(ii) a dependent (as defined in section
152) of the taxpayer during the taxable year.
``(3) Custodial care.--The term `custodial care' means
services which constitute personal care and which do not entail
or require the continuing attention of trained medical or
paramedical personnel, such as help in walking and getting in
and out of bed, assistance in bathing, dressing, feeding, and
using a toilet, preparation of special diets, and supervision
over the taking of medication which would otherwise usually be
self-administered.
``(c) Special Rules.--
``(1) Determination of parents and grandparents.--Paragraph
(2) of section 152(b) (relating to rules relating to general
definition of dependent) shall apply to the determination of
whether any of the relationships specified in clause (i) of
subsection (b)(2)(B) exists.
``(2) Denial of double benefit.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to any amount for which a deduction is allowed under
subsection (a).''
(b) Deduction Not Subject to Floor on Miscellaneous Itemized
Deductions.--Subsection (b) of section 67 of such Code is amended by
striking ``and'' at the end of paragraph (12), by striking the period
at the end of paragraph (13) and inserting ``, and'', and by adding at
the end thereof the following new paragraph:
``(14) the deduction under section 220 (relating to
expenses for care of certain elderly individuals).''
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 220. Expenses for care of certain
elderly individuals.
``Sec. 221. Cross reference.''
SEC. 3. INCLUSION OF CERTAIN GOODS AND SERVICES DONATED BY PHYSICIANS
OR REGISTERED PROFESSIONAL NURSES TO ELDERLY INDIVIDUALS
AS CHARITABLE DEDUCTIONS.
(a) In General.--Subsection (c) of section 170 of the Internal
Revenue Code of 1986 (relating to charitable contribution defined) is
amended by inserting after paragraph (5) the following new paragraph:
``(6) An individual who has attained age 65 and who is not
a member of the donor's family if the contribution or gift is
the rendering of medical services or the provision of medical
goods by a physician (as defined in section 213(d)(4)) or by a
registered professional nurse.''
(b) Valuation of Goods and Services Donated.--Section 170 of such
Code (relating to charitable, etc., contributions and gifts) is amended
by redesignating subsection (m) as subsection (n) and by inserting
after subsection (l) the following new subsection:
``(m) Valuation of Contributions and Gifts Described in Subsection
(c)(6).--The value of contributions and gifts described in subsection
(c)(6) shall be determined as if provided to an individual under the
insurance program established by part B of title XVIII of the Social
Security Act (42 U.S.C. ch. 7, subch. XVIII, part B), in accordance
with the provisions of subsections (a) and (c) of section 1833 of such
Act (42 U.S.C. 1395l).''
SEC. 4. TAX-FREE WITHDRAWALS FROM INDIVIDUAL RETIREMENT ACCOUNTS TO PAY
LONG-TERM CARE EXPENSES OR TO PURCHASE LONG-TERM CARE
INSURANCE.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to tax treatment of distributions from
individual retirement accounts) is amended by adding at the end the
following new paragraph:
``(8) Distributions to pay long-term care expenses or
purchase long-term care insurance.--
``(A) In general.--Paragraph (1) shall not apply to
any amount paid or distributed out of an individual
retirement account or individual retirement annuity to
the individual for whose benefit the account or annuity
is maintained if the entire amount received (including
money and any other property) is used, within 30 days
after the individual receives the payment or
distribution--
``(i) to pay long-term care expenses of the
individual, or
``(ii) to purchase insurance covering such
expenses.
``(B) Long-term care expenses defined.--For
purposes of subparagraph (A), the term `long-term care
expenses' means, with respect to an individual,
expenses incurred by the individual for--
``(i) custodial or health care provided to
the individual in a nursing home, and
``(ii) any goods or services provided to
the individual outside a nursing home in
connection with the provision of custodial or
health care to the individual.''
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 1993. | Older Americans Economic Security Act of 1993 - Amends the Internal Revenue Code to allow a tax deduction for qualified elderly care expenses which exceed five percent of the taxpayer's adjusted gross income.
Allows a charitable deduction to physicians and registered professional nurses for medical services or goods donated to elderly individuals.
Allows tax-free withdrawals from individual retirement accounts to pay long-term care expenses or to purchase insurance covering such expenses. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Right-To-Know Act of
1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Individual incomes taxes amount to one of the greatest
annual expenses for many Americans.
(2) There is a great deal of uncertainty on the part of
taxpayers concerning where and how their income tax dollars are
spent.
(3) Taxpayers do not receive any acknowledgment of payment
from the Internal Revenue Service nor any explanation itemizing
how their tax payments are spent.
(4) There presently exists no straightforward way for a
taxpayer to determine exactly how much he or she paid for
specific governmental activities.
(5) The failure to provide taxpayers with an itemized
listing showing how their tax dollars are spent contributes to
a lack of knowledge about the Government and subsequently to a
less informed electorate.
(6) The Internal Revenue Service must update its technology
and treat taxpayer information as a strategic asset to improve
customer service.
(7) Taxpayer education by the Internal Revenue Service
aimed at showing taxpayers how their tax dollars are spent
leads to increased compliance.
(b) Purposes.--The purposes of this Act are as follows:
(1) To educate individual income tax filers about how much
they contribute annually, in actual dollars and cents, to
various governmental programs, projects, and activities.
(2) To improve the public's understanding of the Federal
Government.
(3) To enhance the public's level of satisfaction with the
Internal Revenue Service.
SEC. 3. ITEMIZED INCOME TAX RECEIPT.
(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. 7525. TAXPAYER REQUEST FOR INCOME TAX RECEIPT.
``(a) In General.--At the request of any taxpayer who files an
individual income tax return, the Secretary shall send to such taxpayer
an itemized receipt showing a proportionate allocation (in money terms)
of the taxpayer's total tax payments among the major expenditure
categories.
``(b) Total Tax Payments.--For purposes of subsection (a), total
tax payments of an individual for any taxable year are--
``(1) the tax imposed by subtitle A for such taxable year
(as shown on his return), and
``(2) the tax imposed by section 3101 on wages received
during such taxable year.
``(c) Content of Tax Receipt.--
``(1) Major expenditure categories.--For purposes of
subsection (a), the major expenditure categories are:
``(A) National defense.
``(B) International affairs.
``(C) Medicaid.
``(D) Medicare.
``(E) Means-tested entitlements.
``(F) Domestic discretionary.
``(G) Social Security.
``(H) Interest payments.
``(I) All other.
``(2) Other items on receipt.--In addition, the tax receipt
shall include selected examples of more specific expenditure
items, either at the budget function, subfunction, or program,
project, or activity levels, along with any other information
deemed appropriate by the Secretary and the Director of the
Office of Management and Budget to enhance taxpayer
understanding of the Federal budget.
``(d) Manner and Time of Request.--A request for a tax receipt as
described in subsection (c) shall be made with respect to any taxable
year at the time of filing the return imposed by chapter 1 for such
taxable year. A receipt shall be made available to a requesting
taxpayer as soon as practicable upon the processing of that taxpayer's
Federal income tax return by the Internal Revenue Service.
``(e) Use of New Technologies.--The Internal Revenue Service is
encouraged to utilize modern technologies such as electronic mail and
the Internet to minimize the cost of sending receipts to taxpayers. The
Internal Revenue Service shall establish an interactive program on its
Internet website to allow taxpayers to generate income tax receipts on
their own.
``(f) Cost.--No charge shall be imposed to cover any cost
associated with the production or distribution of the tax receipt.
``(g) Regulations.--The Secretary may prescribe such regulations as
may be necessary to carry out this section.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7525. Taxpayer request for income
tax receipt.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Taxpayer Right-To-Know Act of 1997 - Amends the Internal Revenue Code to require the Secretary of the Treasury, at the request of a taxpayer, to send the taxpayer an itemized receipt showing a proportionate allocation of the taxpayer's payments among the major expenditure categories. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Persian Gulf War Veterans Health Act
of 1998''.
SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH
SERVICE IN THE PERSIAN GULF DURING THE PERSIAN GULF WAR.
(a) In General.--(1) Subchapter II of chapter 11 of title 38,
United States Code, is amended by adding at the end the following:
``Sec. 1118. Presumptions of service connection for illnesses
associated with service in the Persian Gulf during the
Persian Gulf War
``(a)(1) For purposes of section 1110 of this title, and subject to
section 1113 of this title, each illness described in paragraph (2) or
identified pursuant to subsection (b) shall be considered to have been
incurred in or aggravated by service referred to in that paragraph,
notwithstanding that there is no record of evidence of such illness
during the period of such service.
``(2) An illness referred to in paragraph (1) is any diagnosed or
undiagnosed illness that--
``(A) the Secretary determines in regulations prescribed
under this section to warrant a presumption of service
connection by reason of having a positive association with
exposure to a biological, chemical, or other toxic agent or
environmental or wartime hazard known or presumed to be
associated with service in the Armed Forces in the Southwest
Asia theater of operations during the period beginning on
August 2, 1990, and ending on December 31, 1991; and
``(B) becomes manifest in a Persian Gulf War veteran who by
reason of service in Southwest Asia during the period beginning
on August 2, 1990, and ending on December 31, 1991, was exposed
to such agent or hazard.
``(3) For purposes of this subsection, a Persian Gulf War veteran
who has an illness described in paragraph (2) shall be presumed to have
been exposed by reason of such service to the agent or hazard
associated with the illness in the regulations prescribed under this
subsection unless there is conclusive evidence to establish that the
veteran was not exposed to the agent or hazard by reason of such
service.
``(b)(1) The Secretary shall enter into a contract with an
appropriate independent scientific body to establish a panel for the
purpose of reviewing the medical and scientific literature to identify
those diseases and illnesses epidemiologically, medically, or
scientifically associated with exposure of humans or animals to any of
the materials specified in subsection (c). The panel shall be composed
of non-Government scientific experts representing, at minimum, the
disciplines of toxicology, immunology, microbiology, molecular biology,
genetics, biochemistry, chemistry, epidemiology, medicine, and public
health.
``(2) The Secretary shall require that the panel submit to the
Secretary, not later than one year after the date of the enactment of
this section, a report, based upon the review under paragraph (1),
identifying such diseases and illnesses.
``(3) Upon submission to the Secretary of the report under
paragraph (2), each disease or illness identified in the report that
becomes manifest in a Persian Gulf War veteran shall be presumed to be
service-connected.
``(4) There is authorized to be appropriated to the Secretary
$1,000,000 to carry out this subsection.
``(5) The specification of presumed exposures in subsection (c)
shall be updated as information develops confirming the exposure of
Persian Gulf War veterans or members of their families to additional
chemical, biological, radiological, or other genotoxic or infectious
materials. The Secretary shall periodically enter into a contract as
described in paragraph (1) for the purposes of identifying and
confirming such exposures. Upon submission to the Secretary of a report
pursuant to such a contract, the Secretary shall add each disease or
illness identified in the report that becomes manifest in a Persian
Gulf War veteran to those diseases and illnesses that are presumed
under this section to be service-connected.
``(c) Presumption of Exposure.--Each Persian Gulf War veteran shall
be presumed to have been exposed to the following potentially hazardous
materials:
``(1) The following organophosphorous pesticides:
``(A) Chlorpyrifos.
``(B) Diazinon.
``(C) Dichlorvos.
``(D) Malathion.
``(2) The following carbamate pesticides:
``(A) Proxpur.
``(B) Carbaryl.
``(C) Methomyl.
``(3) The following carbamate used as nerve agent
prophylaxis:
``(A) Pyridostigmine bromide.
``(4) The following chlorinated dydrocarbon and other
pesticides and repellents:
``(A) Lindane.
``(B) Pyrethroids.
``(C) Rodenticides (bait).
``(D) Repellent (DEET).
``(5) The following low-level nerve agents and precursors
compounds:
``(A) Sarin.
``(B) Tabun.
``(6) The following other synthetic chemical compounds:
``(A) Low-level mustard agents.
``(B) VOCs.
``(C) Hydrazine.
``(D) Red fuming nitric acid.
``(E) Solvents.
``(F) Uranium.
``(7) The following ionizing radiation:
``(A) Depleted uranium.
``(B) Microwave.
``(C) RF radiation.
``(8) The following environmental particulates and
pollutants:
``(A) Hydrogen sulfide.
``(B) Oil fire byproducts.
``(C) Diesel heater fumes.
``(D) Sand micro-particles.
``(9) Diseases endemic to the region (including the
following):
``(A) Leishmaniasis.
``(B) Sandfly fever.
``(C) Pathogenic escherechia coli.
``(D) Shigellosis.
``(E) Malaria.
``(10) Time compressed administration of multiple live,
``attenuated,'' and toxoid vaccines.
``(d) For purposes of this section:
``(1) The term `Persian Gulf War veteran' means a veteran
who served on active duty in the Southwest Asia theater of
operations during the period beginning on August 2, 1990, and
ending on December 31, 1991.
``(2) The term `non-Government scientific expert' means an
individual who is a scientific expert who (A) is not employed
by the United States, and (B) received less than 15 percent of
income during the preceding 12 months from federally funded
research activities.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1117 the
following new item:
``1118. Presumptions of service connection for illnesses associated
with service in the Persian Gulf during the
Persian Gulf War.''.
(b) Conforming Amendments.--Section 1113 of title 38, United States
Code, is amended--
(1) by striking out ``or 1117'' each place it appears and
inserting in lieu thereof ``1117, or 1118''; and
(2) in subsection (a), by striking out ``or 1116'' and
inserting in lieu thereof ``, 1116, or 1118''.
SEC. 3. PLAN FOR MEDICAL SURVEILLANCE OF PERSIAN GULF WAR VETERANS AND
THEIR FAMILIES.
(a) Plan for Contract To Establish Independent Review Panel.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to Congress a plan to
contract with an appropriate independent scientific body to establish a
panel, to be composed of non-Government scientific experts (as defined
in section 1118(d)(2) of title 38, United States Code, as added by
section 2), for the purpose of reviewing the statistical occurrence of
both diagnosed and undiagnosed illnesses and symptoms among veterans of
the Persian Gulf War and their families.
(b) Criteria and Plan for Review.--The criteria and a plan for such
review shall be established by the panel and shall be submitted by the
panel to the Secretary of Veterans Affairs and the chairman and ranking
minority party member of the Committees on Veterans' Affairs of the
Senate and the House of Representatives.
SEC. 4. PLAN FOR PERMANENT EXPERT ADVISORY GROUP ON CHEMICAL,
BIOLOGICAL, AND RADIOLOGICAL DEFENSE.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to Congress a plan for the
establishment of a permanent expert advisory group to be composed of
individuals capable of providing expert advice both to the President
and the congressional defense and intelligence committees on the
adequacy of current United States chemical, biological, and
radiological defense technologies, procurement practices, and doctrine
to defend the Armed Forces against both the immediate and chronic
consequences of acute and sub-acute exposures to chemical, biological,
radiological, or other genotoxic battlefield materials. | Persian Gulf War Veterans Health Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) an illness that: (1) the Secretary of Veterans Affairs determines to have a positive association with a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a veteran who was exposed to such agent or hazard by reason of such service. Presumes such exposure unless there is conclusive evidence otherwise.
Directs the Secretary to contract with an independent scientific body to establish a panel for reviewing medical and scientific literature to identify those diseases and illnesses associated with exposure of humans or animals to specified pesticides, agents, compounds, particulates, radiation, and pollutants. Requires each disease or illness identified that becomes manifest in a Gulf veteran to be presumed to be service-connected. Authorizes appropriations. Requires the updating of presumed exposures.
Enumerates the pesticides, agents, compounds, particulates, radiation, and pollutants to which Gulf veterans shall be presumed to have been exposed.
Directs the Secretary to submit to the Congress a plan for establishing a panel to review the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among Gulf War veterans and their families.
Directs the President to submit to the Congress a plan for the establishment of a permanent expert advisory group to advise the President and the congressional defense and intelligence committees on the adequacy of current U.S. chemical, biological, and radiological defense technologies, procurement practices, and doctrine for defending U.S. forces against both the immediate and chronic consequences of acute and subacute exposures to chemical, biological, radiological, or other genotoxic battlefield materials. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wartime Parity and Justice Act of
2003''.
SEC. 2. ELIGIBILITY OF CERTAIN INDIVIDUALS UNDER CIVIL LIBERTIES ACT OF
1988.
(a) Eligibility.--For purposes of the Civil Liberties Act of 1988
(50 U.S.C. App. 1989 et seq.), the following individuals shall be
deemed to be eligible individuals:
(1) An individual who--
(A) is of Japanese ancestry, or is the spouse or
parent of an individual of Japanese ancestry;
(B) was brought forcibly to the United States from
a country in Central America or South America during
the evacuation, relocation, and internment period;
(C) was living on August 10, 1988;
(D) otherwise meets the requirements of
subparagraph (B)(i) of section 108(2) of the Civil
Liberties Act of 1988 (50 U.S.C. App. 1989b-
7(2)(B)(i)); and
(E) subject to section 4(f) of this Act, has not
otherwise received payment under the Civil Liberties
Act of 1988.
(2) An individual who was an eligible individual under the
Civil Liberties Act of 1988 before the enactment of this Act
and who was eligible for, but did not receive, payment under
that Act prior to the termination of the Civil Liberties Public
Education Fund under section 104(d) of that Act.
(3) An individual who--
(A) was born to an eligible individual under the
Civil Liberties Act of 1988 during the period beginning
on January 20, 1945, and ending on February 29, 1948,
at a place in which the eligible individual was
confined, held in custody, relocated, or otherwise
located during the evacuation, relocation, or
internment period; and
(B) was living on August 10, 1988.
(4)(A) An individual of Japanese ancestry who, during the
evacuation, relocation, or internment period--
(i) was a United States citizen or a permanent
resident alien;
(ii) whose employment with a railroad or mining
company was terminated on account of the individual's
Japanese ancestry; and
(iii) was living on August 10, 1988.
(B) An individual who--
(i) during the evacuation, relocation, or
internment period, was a dependent child of an
individual described in subparagraph (A); and
(ii) was living on August 10, 1988.
(5) An individual of Japanese ancestry who--
(A) meets the requirements of paragraph (2) of
section 108(2) of the Civil Liberties Act of 1988,
other than subparagraph (A) of that paragraph; and
(B) was legally in the United States during the
evacuation, relocation, or internment period but was
made ineligible for United States citizenship or
permanent residence status by law enacted prior
thereto, on account of the individual's Japanese
ancestry.
(b) Prisoner Exchanges.--An individual shall not be precluded from
being an eligible individual under subsection (a) if that individual
was sent by the United States to Japan or territories occupied by Japan
at any time during the period beginning on December 7, 1941, and ending
on September 2, 1945, in exchange for prisoners held by Japan.
SEC. 3. APOLOGY OF THE UNITED STATES.
The United States apologizes to those individuals described in
section 2(a) for the fundamental violations of their basic civil
liberties and constitutional rights committed during the evacuation,
relocation, or internment period. The President should transmit to each
such individual a personal letter of apology on behalf of the United
States.
SEC. 4. PROCEDURES.
(a) Applicability of Provisions of the Civil Liberties Act.--Except
as otherwise provided in this section, the provisions of section 105 of
the Civil Liberties Act of 1988 shall apply with respect to eligible
individuals under section 2 of this Act.
(b) Responsibilities of the Attorney General.--The Attorney General
shall have the responsibility to identify and locate, without requiring
any application for payment and using records already in possession of
the United States Government, eligible individuals under section 2,
within 12 months after the date of the enactment of this Act. Failure
to be identified and located within that 12-month period shall not
preclude an eligible individual under section 2 from receiving payment
under the Civil Liberties Act of 1988.
(c) Notification by Eligible Individuals.--Any eligible individual
under section 2 may notify the Attorney General that the individual is
an eligible individual, and may provide documentation therefor, within
6 years after the date of the enactment of this Act.
(d) Determination of Eligibility.--The Attorney General shall make
a final determination of eligibility of individuals under section 2 not
later than 1 year after locating the individual pursuant to subsection
(b) or receiving notification from an individual pursuant to subsection
(c), as the case may be.
(e) Judicial Review.--An individual seeking payment of compensation
under the Civil Liberties Act of 1988 as an eligible individual under
section 2 may seek judicial review of a denial of compensation in an
appropriate district court of the United States or the United States
Court of Federal Claims within 6 years after the date of the denial.
(f) Payments From Court Cases.--Notwithstanding section 2(a)(1)(E)
of this Act and paragraph (7) of section 105(a) of the Civil Liberties
Act of 1988, an individual described in subparagraphs (A) through (D)
of section 2(a)(1) of this Act, or any surviving spouse, child, or
parent of such individual to whom section 105(a)(8) of the Civil
Liberties Act of 1988 applies, who has accepted payment, before the
enactment of this Act, pursuant to an award of a final judgment or a
settlement on a claim against the United States for acts described in
section 108(2)(B) of the Civil Liberties Act of 1988 or section
2(a)(1)(B) of this Act, may receive payment under the Civil Liberties
Act of 1988, except that any amount payable to such individual, spouse,
child, or parent under section 105(a)(1) of that Act shall be reduced
by the amount of any payment received pursuant to such final judgment
or settlement.
SEC. 5. CORRECTION OF IMMIGRATION STATUS.
Those individuals described in paragraph (1) of section 2(a) shall
not be considered to have been present in the United States unlawfully
during the evacuation, relocation, or internment period. Each
department or agency of the United States shall take the necessary
steps to correct any records over which that department or agency has
jurisdiction that indicate that such individuals were in the United
States unlawfully during such period.
SEC. 6. FULL DISCLOSURE OF INFORMATION.
(a) Public Disclosure of Information.--The appropriate departments
and agencies of the United States shall disclose to the public all
information (other than information which may not be disclosed under
other provisions of law) relating to the forcible removal of
individuals from Central and South America during the evacuation,
relocation, or internment period and the internment of those
individuals in the United States during that period, including
information on individuals whose location is unknown.
(b) Sharing of Information With Other Countries.--The President
shall take the necessary steps to share information described in
subsection (a) with other countries and encourage those countries to
make that information available to people in those countries.
SEC. 7. TRUST FUND.
(a) Reestablishment of Fund.--The Civil Liberties Public Education
Fund (in this Act referred to as the ``Fund'') is reestablished in the
Treasury of the United States, and shall be administered by the
Secretary of the Treasury.
(b) Investment of Amounts in the Fund.--Amounts in the Fund shall
be invested in accordance with section 9702 of title 31, United States
Code.
(c) Uses of the Fund.--Amounts in the Fund shall be available
only--
(1) for disbursement of payments by the Attorney General,
under section 105 of the Civil Liberties Act of 1988 and this
Act, to eligible individuals under section 2 of this Act; and
(2) for disbursement by the Board of Directors of the Fund
under section 8 of this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund--
(1) such sums as may be necessary to carry out paragraph
(1) of subsection (b); and
(2) $45,000,000 for disbursements by the Board of Directors
of the Fund under section 8.
SEC. 8. BOARD OF DIRECTORS OF THE FUND.
(a) Establishment.--There is established the Civil Liberties Public
Education Fund Board of Directors, which shall be responsible for
making disbursements from the Fund in the manner provided in this
section.
(b) Uses of the Fund.--The Board may make disbursements from the
Fund only--
(1) to sponsor research and public education activities so
that events surrounding the evacuation, relocation, and
internment of individuals of Japanese ancestry will be
remembered, and so that the causes and circumstances of this
and similar events may be illuminated and understood; and
(2) for reasonable administrative expenses of the Board,
including compensation and expenses of the members and staff of
the Board and payment for administrative support services.
(c) Membership, Staff, Etc.--The provisions of subsections (c),
(d), (e), (f), and (g) of section 106 of the Civil Liberties Act of
1988 (50 U.S.C. App. 1989b-5 (c), (d), (e), (f), and (g)) shall apply
to the Board of the Fund to the same extent as they applied to the
Board established under that section.
SEC. 9. DEFINITIONS.
In this Act, the terms ``evacuation, relocation, or internment
period'' and ``permanent resident alien'' have the meanings given those
terms in section 108 of the Civil Liberties Act of 1988 (50 U.S.C. App.
1989b-7). | Wartime Parity and Justice Act of 2003 - Allows certain individuals of Japanese ancestry who were brought forcibly to the United States from countries in Latin America and interned in the United States during World War II to be provided restitution under the Civil Liberties Act of 1988.Urges the President to transmit a letter of apology to each such individual.Makes the Attorney General responsible for identifying and locating individuals eligible for restitution. Authorizes judicial review of a denial of compensation. Permits an individual covered by this Act who has accepted payment on a related claim before this Act's enactment to receive an appropriately reduced payment.Directs: (1) individuals covered by this Act to not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period; (2) each U.S. agency to correct any records indicating otherwise; (3) agencies to disclose all information relating to the removal and internment of such individuals; and (4) the President to share such information with other countries and encourage those countries to make that information available.Reestablishes in the Treasury the Civil Liberties Public Education Fund and establishes a board of directors for the Fund. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Private Student
Loan Debt Swap Act of 2009''.
(b) Purpose.--It is the purpose of this Act to establish a
temporary private student loan debt swap program to assist eligible
borrowers in refinancing all or a portion of their private education
debt with less costly loans with the same terms and conditions as
Federal direct loans.
SEC. 2. PRIVATE EDUCATION LOAN REFINANCING.
Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended by adding at the end the following:
``PART J--PRIVATE EDUCATION LOAN REFINANCING
``SEC. 499E. PRIVATE EDUCATION LOAN REFINANCING.
``(a) In General.--
``(1) Authority.--The Secretary shall carry out a Private
Education Loan Debt Swap program in accordance with this
section.
``(2) Availability of funds.--There are hereby made
available, in accordance with the provisions of this section,
such sums as may be necessary to make loans under this section
through refinancing to all individuals eligible to receive
private education loan refinancing under this section.
``(3) Private education loan.--In this section, the term
`private education loan' has the meaning given the term in
section 140 of the Truth in Lending Act (15 U.S.C. 1650).
``(b) Eligible Debt Swap Loan Borrower.--An individual shall be
eligible to receive private education loan refinancing under this
section if the individual--
``(1)(A) was, at any time after July 1, 1994, eligible to
obtain an unsubsidized Federal Stafford Loan under section 428H
for a period of undergraduate or graduate enrollment;
``(B) incurred at least 1 private education loan for such
period of enrollment;
``(C) is not enrolled in an eligible institution on at
least a half-time basis;
``(D) remains indebted on at least 1 private education loan
eligible for refinancing under this section and--
``(i) has never obtained an unsubsidized Federal
Stafford Loan under section 428H; or
``(ii) has borrowed an aggregate amount under the
unsubsidized Federal Stafford Loan program under
section 428H that is less than the maximum aggregate
amount indicated under section 428H(d) for loans first
disbursed on or after July 1, 2008;
``(E) is not in default on a loan made, insured, or
guaranteed under this title;
``(F) has made not less than 2 consecutive payments on the
private education loan to be refinanced and is not more than 90
days delinquent on such loan; and
``(G) has not previously obtained refinancing under this
section; or
``(2)(A) was, at any time after July 1, 2006, eligible to
obtain a Federal PLUS Loan under section 428B for a period of
graduate or professional enrollment;
``(B) incurred at least 1 private education loan for such
period of enrollment;
``(C) is not in default on a loan made, insured, or
guaranteed under this title;
``(D) has made not less than 2 consecutive payments on the
private education loan to be refinanced and is not more than 90
days delinquent on such loan;
``(E) does not have an adverse credit history; and
``(F) has not previously obtained refinancing under this
section.
``(c) Refinancing Under the Debt Swap Loan Program.--
``(1) In general.--The Secretary shall refinance or make a
payment on a private education loan in accordance with this
subsection for an individual who is eligible for private
education loan refinancing pursuant to subsection (b).
``(2) Types of loans that shall be refinanced.--A private
education loan is eligible to be refinanced under this
subsection if the loan was incurred--
``(A) after July 1, 1994, and before July 1, 2010;
and
``(B) to pay the cost of attendance for enrollment
in an eligible program at an institution of higher
education eligible to participate in programs under
this title.
``(3) Loan limits.--The maximum amount of a private
education loan that may be refinanced under this subsection
is--
``(A) for an individual described in subsection
(b)(1), an amount equal to the sum of unpaid principal,
accrued interest, and late charges of all private
education loans eligible under paragraph (2) incurred
by such individual not to exceed the maximum aggregate
amount of unsubsidized Federal Stafford Loans under
section 428H(d) for loans first disbursed on or after
July 1, 2008, applicable to an undergraduate student
under such section if the individual incurred such loan
to enroll in an undergraduate program or applicable to
a graduate student under such section if the individual
incurred such loan to enroll in a graduate program,
less any amount previously borrowed by such individual
pursuant to section 428 or part D; and
``(B) for an individual described in subsection
(b)(2), an amount equal to the sum of unpaid principal,
accrued interest, and late charges of all private
education loans eligible under paragraph (2) incurred
by such individual, less any amount previously borrowed
by such individual pursuant to section 428B for such
period of enrollment in a graduate or professional
program.
``(4) Interest rate.--The interest rate for a private
education loan refinanced under this subsection shall be--
``(A) for an individual described in subsection
(b)(1), the same interest rate applicable to an
unsubsidized Federal Stafford Loan; and
``(B) for an individual described in subsection
(b)(2), the same interest rate applicable to a Federal
Direct PLUS loan.
``(5) Repayment terms.--A private education debt swap loan
made under this subsection through refinancing shall have the
same repayment terms, conditions, and benefits as Federal
Direct Consolidation Loans.
``(6) Termination of authority.--The authority to refinance
private education loans under this subsection expires on July
1, 2011, or the date that is 1 year after certification by the
Secretary to Congress that the debt swap loan program pursuant
to this section is fully operational, whichever date is later.
``(7) Loan application and promissory note.--The Secretary
shall develop and distribute a standard application and
promissory note and loan disclosure form for loans made under
this section through refinancing.
``(8) Loan disbursement.--Proceeds of any loan made under
this section shall be paid by the Secretary directly to the
holder of the private education loan being refinanced for the
purpose of discharging or reducing such private education loan
debt on behalf of the borrower, subject to repayment terms
under this section.
``(d) Public Awareness Campaign.--
``(1) In general.--The Secretary shall carry out a national
awareness campaign on the availability and benefits of
refinancing private education loans under this section.
``(2) Content of campaign.--The campaign described in
paragraph (1) shall include--
``(A) explaining the benefits of borrowing through
the Federal student loan programs authorized under this
title compared to private loans; and
``(B) information on all of the repayment options,
loan forgiveness opportunities, low-fixed interest
rates and other benefits of such Federal student loan
programs.
``(e) Report to Congress.--The Secretary shall report to Congress
annually on the volume and repayment status of private education loans
refinanced under this section.''. | Private Student Loan Debt Swap Act of 2009 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to implement a Private Education Loan Debt Swap program.
Requires the Secretary, under such program, to refinance the private education loans of certain borrowers who: (1) after July 1, 1994, were eligible for unsubsidized Stafford Loans under the Federal Family Education Loan (FFEL) program, or, after July 1, 2006, were eligible for FFEL PLUS Loans for graduate or professional education; (2) are not in default on a loan made, insured, or guaranteed under title IV; and (3) have made at least two consecutive payments on the private education loan to be refinanced and are not more than 90 days delinquent on such loan.
Makes the program applicable only to private education loans incurred after July 1, 1994, and before July 1, 2010, which were used for the cost of enrolling at institutions of higher education eligible to participate in title IV programs.
Sets the interest rate on such refinanced loans at the rate applicable to: (1) unsubsidized Stafford loans, for borrowers who were eligible for such loans; and (2) Federal Direct PLUS loans, for borrowers who were eligible for those loans.
Gives refinanced loans the same repayment terms, conditions, and benefits as Consolidation Loans under the Direct Loan program.
Directs the Secretary carry out a national awareness campaign on the availability and benefits of refinancing private education loans under this program. | billsum_train |
Make a summary of the following text: SECTION 1. TEMPORARY DUTY SUSPENSION FOR PERSONAL EFFECTS OF
PARTICIPANTS IN CERTAIN WORLD ATHLETIC EVENTS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:
`` 9902.98.08 Any of the
following
articles not
intended for sale
or distribution
to the public:
personal effects
of aliens who are
participants in,
officials of, or
accredited
members of
delegations to,
the 1999
International
Special Olympics,
the 1999 Women's
World Cup Soccer,
the 2001
International
Special Olympics,
the 2002 Salt
Lake City Winter
Olympics, and the
2002 Winter
Paralympic Games,
and of persons
who are immediate
family members of
or servants to
any of the
foregoing
persons;
equipment and
materials
imported in
connection with
the foregoing
events by or on
behalf of the
foregoing persons
or the organizing
committees of
such events;
articles to be
used in
exhibitions
depicting the
culture of a
country
participating in
any such event;
and, if
consistent with
the foregoing,
such other
articles as the
Secretary of
Treasury may
allow............ Free No change Free On or before [1/
1/2003]
(b) Taxes and Fees Not To Apply.--The articles described in heading
9902.98.08 of the Harmonized Tariff Schedule of the United States (as
added by subsection (a)) shall be free of taxes and fees which may be
otherwise applicable.
(c) No Exemption From Customs Inspections.--The articles described
in heading 9902.98.08 of the Harmonized Tariff Schedule of the United
States (as added by subsection (a)) shall not be free or otherwise
exempt or excluded from routine or other inspections as may be required
by the Customs Service.
SEC. 2. EFFECTIVE DATE.
The amendment made by this Act applies to articles entered, or
withdrawn from warehouse, for consumption on or after the 15th day
after the date of enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through January 1, 2003, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Conservation and Quality
Incentives Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in many parts of the United States, water supplies are
insufficient to meet current or expected future demand during
certain times of the year;
(2) a number of factors (including growing populations,
increased demands for food and fiber production, and new
environmental demands for water) are placing increased demands
on existing water supply sources;
(3) increased water conservation, water quality
enhancement, and more efficient use of water supplies could
help meet increased demands on water sources;
(4) in States that recognize rights to conserved water for
persons who conserve it, irrigation suppliers, farmers,
ranchers, and other users could gain rights to use conserved
water while also increasing the quantity of water available for
other beneficial uses by implementing measures to reduce water
loss during transport to, or application on, the fields;
(5) reducing the quantity of water lost during transport to
the fields and improving water quality can help areas better
meet changing population and economic needs; and
(6) the role of the Federal Government in helping meet
those changing water needs should be to provide financial
assistance to help irrigators, farmers, and ranchers implement
practical, cost-effective water quality and conservation
measures.
SEC. 3. USE OF STATE REVOLVING LOAN FUNDS FOR WATER CONSERVATION
IMPROVEMENTS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended--
(1) in the first sentence of subsection (c)--
(A) by striking ``and (3)'' and inserting ``(3)'';
and
(B) by inserting before the period at the end the
following: ``, (4) for construction of water
conservation improvements by eligible recipients under
subsection (i)''; and
(2) by adding at the end the following:
``(i) Water Conservation Improvements.--
``(1) Definition of eligible recipient.--In this
subsection, the term `eligible recipient' means a municipality,
quasi-municipality, municipal corporation, special district,
conservancy district, irrigation district, water users'
association, tribal authority, intermunicipal, interstate, or
State agency, nonprofit private organization, a member of such
an association, authority, agency, or organization, or a
lending institution, located in a State that has enacted laws
that--
``(A) provide a water user who invests in a water
conservation improvement with a right to use water
conserved by the improvement, as allowed by State law;
``(B) provide authority to reserve minimum flows of
streams in the State; and
``(C) prohibit transactions that adversely affect
existing water rights.
``(2) Financial assistance.--A State may provide financial
assistance from its water pollution control revolving fund to
an eligible recipient to construct a water conservation
improvement, including--
``(A) piping or lining of an irrigation canal;
``(B) wastewater and tailwater recovery or
recycling;
``(C) irrigation scheduling;
``(D) water use measurement or metering;
``(E) on-field irrigation efficiency improvements;
and
``(F) any other improvement that the State
determines will provide water conservation benefits.
``(3) Voluntary participation.--The participation of an
eligible recipient in the water conservation improvement shall
be voluntary.
``(4) Use of conserved water.--The quantity of water
conserved through the water conservation improvement shall be
allocated in accordance with applicable State law, including
any applicable State law requiring a portion of the conserved
water to be used for instream flow enhancement or other
conservation purposes.
``(5) Limitation on use for irrigated agriculture.--
Conserved water made available under paragraph (4) shall not be
used to irrigate land that has not previously been irrigated
unless the use is authorized by State law and will not diminish
water quality.''.
SEC. 4. USE OF STATE REVOLVING LOAN FUNDS FOR WATER QUALITY
IMPROVEMENTS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) (as amended by section 3) is amended--
(1) in the first sentence of subsection (c), by inserting
before the period at the end the following: ``, and (5) for
construction of water quality improvements or practices by
eligible recipients under subsection (j)''; and
(2) by adding at the end the following:
``(j) Water Quality Improvements.--
``(1) Definition of eligible recipient.--In this
subsection, the term `eligible recipient' means a municipality,
quasi-municipality, municipal corporation, special district,
conservancy district, irrigation district, water users'
association or member of such an association, tribal authority,
intermunicipal, interstate, or State agency, nonprofit private
organization, or lending institution.
``(2) Financial assistance.--A State may provide financial
assistance from its water pollution control revolving fund to
an eligible recipient to construct or establish water quality
improvements or practices that the State determines will
provide water quality benefits.
``(3) Voluntary participation.--The participation of an
eligible recipient in the water quality improvements or
practices shall be voluntary.''.
SEC. 5. CONFORMING AMENDMENTS.
Section 601(a) of the Federal Water Pollution Control Act (33
U.S.C. 1381(a)) is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
(2) by inserting before the period at the end the
following: ``, and (4) for construction of water conservation
and quality improvements by eligible recipients under
subsections (i) and (j) of section 603''. | Water Conservation and Quality Incentives Act - Amends the Federal Water Pollution Control Act to authorize the use of State water pollution control revolving funds for assistance to eligible recipients for construction of water conservation improvements and of water quality improvements or practices. Defines "eligible recipients," for purposes of assistance for water conservation improvements, as specified parties located in a State that has enacted laws that: (1) provide a water user who invests in such an improvement with a right to use water conserved by the improvement; (2) provide authority to reserve minimum flows of streams; and (3) prohibit transactions that adversely affect existing water rights.
Bars the use of water conserved through such improvements for the irrigation of land that has not been previously irrigated. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Fishing Jobs Act of 2011''.
SEC. 2. APPROVAL OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) Eligibility To Sign Petition.--Section 303A(c)(6)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1853a(c)(6)(B)) is amended by striking ``For multispecies permits'' and
all that follows through ``this subparagraph.''.
(b) Initiation by Eligible Fishermen Under Certain Councils.--
Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853a(c)(6)(D)) is amended to read as
follows:
``(D) New england, mid-atlantic, south atlantic,
and gulf initiation.--
``(i) In general.--In the case of a fishery
under the authority of the New England, Mid-
Atlantic, South Atlantic, or Gulf of Mexico
Fishery Management Council, a fishery
management plan or an amendment to a fishery
management plan that would establish a limited
access privilege program to harvest fish may
not take effect unless--
``(I) a petition requesting
development of such program is
submitted in accordance with clause
(ii) and certified under clause (iii);
``(II) the appropriate Council
makes available to eligible fishermen
an estimate of the amount of the fee
that would be collected under section
304(d)(2) if such program were
established; and
``(III) not earlier than 90 days
after the estimate required under
subclause (II) has been made available,
the proposed plan or amendment is
approved by a vote of two-thirds of
eligible fishermen in the fishery for
which the program would be established.
``(ii) Petition.--A group of fishermen
constituting more than 50 percent of eligible
fishermen in a fishery may submit a petition to
the Secretary requesting the development of a
limited access privilege program for the
fishery. Any such petition shall clearly state
the fishery to which the limited access
privilege program would apply.
``(iii) Certification by secretary.--Upon
the receipt of any such petition, the Secretary
shall review all of the signatures on the
petition and, if the Secretary determines that
the signatures on the petition are those of
more than 50 percent of eligible fishermen in
the fishery for which the program would be
established, the Secretary shall certify the
petition.
``(iv) Definition of eligible fishermen.--
For purposes of this subparagraph, the term
`eligible fishermen' means holders of permits
issued under a fishery management plan.''.
SEC. 3. TERMINATION OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.
Section 303A of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853a) is amended by adding at the end the
following:
``(j) Termination.--
``(1) Programs in effect prior to 2012.--For any limited
access privilege program for a fishery under the authority of
the New England, Mid-Atlantic, South Atlantic, or Gulf of
Mexico Fishery Management Council that was in effect on the
date of enactment of the Saving Fishing Jobs Act of 2011, not
later than 30 days after such date, the Secretary shall
determine if the number of eligible fishermen in the fishery on
such date is at least 15 percent less than the number of
eligible fishermen in the fishery in the year preceding the
year in which the program was established.
``(2) Other programs.--For any limited access privilege
program for a fishery under the authority of the New England,
Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery
Management Council established after the date of the enactment
of the Saving Fishing Jobs Act of 2011, 1 year after the date
such program is established, the Secretary shall determine if
the number of eligible fishermen in the fishery on the date
that is 1 year after the date the program is established is at
least 15 percent less than the number of eligible fishermen in
the fishery in the year preceding the year in which the program
was established.
``(3) Termination.--If the Secretary determines under
paragraph (1) or (2) that the number of eligible fishermen in a
fishery is at least 15 percent less than the number of eligible
fishermen previously in the fishery--
``(A) the appropriate limited access privilege
program shall terminate on the date that is 1 year
after the date the Secretary made the determination;
and
``(B) during the 1-year period referred to in
subparagraph (A), the appropriate Council shall develop
an alternative Fishery Management Plan for the fishery
that shall be effective on the date of the termination
of the program under subparagraph (A).
``(4) Definition of eligible fishermen.--In this
subsection, the term `eligible fishermen' has the meaning given
the term in subsection (c)(6)(D)(iv).''.
SEC. 4. FEES RECOVERED FOR CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.
Section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(d)(2)) is amended by adding at the end
the following:
``(D) In the case of a fee collected under this paragraph
for a limited access privilege program established under
section 303A(c)(6)(D) after the date of the enactment of the
Saving Fishing Jobs Act of 2011--
``(i) the fee shall be in an amount sufficient to
recover all costs of such program, including observer
costs; and
``(ii) the 3 percent limitation in subparagraph (B)
shall not apply with respect to such fee.''. | Saving Fishing Jobs Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Act, with respect to multispecies fishing permits in the Gulf of Mexico, to remove a provision limiting the eligible signers (fishermen constituting more than 50% of the permit holders, or holding more than 50% of the allocation in the fishery) of a petition to the Secretary of Commerce requesting that the appropriate Regional Fishery Management Council or Councils be authorized to initiate the development of a limited access privilege program to only those participants who have substantially fished the species proposed to be included in the program.
Sets forth procedures for the Secretary to: (1) certify a fishery management plan (or amendment) requested by a percentage of eligible fisherman to establish a limited access privilege program to harvest in fisheries under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council; (2) terminate such a program in effect on or established after enactment of this Act for a fishery under the authority of such Councils when, within specified periods, the number of eligible fishermen is at least 15% less than the number of such fishermen previously in the fishery; and (3) collect fees, including observer costs, pursuant to modified fee-setting requirements for such programs.
Directs the appropriate Council, within a one-year period, to develop an alternative fishery management plan for any such terminated program. | billsum_train |
Create a condensed overview of the following text: SECTION 1. YELLOWSTONE BUFFALO PRESERVATION.
(a) Short Title.--This section may be cited as the ``Yellowstone
Buffalo Preservation Act''.
(b) Findings.--Congress finds the following:
(1) More than any other animal, the American buffalo (Bison
bison) is a wildlife icon of the United States. The American
buffalo is the symbol that represents the Department of the
Interior. The American buffalo is profoundly significant to
Native American cultures and, perhaps more than any other
wildlife species, has influenced our history.
(2) The American buffalo is still under assault, as it was
in the late 19th Century when it was nearly exterminated. At
the end of the great slaughter, in which tens of millions of
buffalo were killed, only a few hundred wild buffalo remained
in the Nation and all were located in Yellowstone National
Park. Due to poaching, their numbers were reduced to 25 by the
year 1900.
(3) The offspring of the 25 survivors comprise the
Yellowstone buffalo herd and are the only wild, free-roaming
American buffalo to continuously occupy their native habitat in
the United States.
(4) The Yellowstone buffalo herd is genetically unique.
Unlike captive ranched buffalo, which are now relatively
common, the Yellowstone buffalo herd has never interbred with
cattle and has retained its wild character.
(5) Because the Park lacks extensive low-elevation winter
habitat that provides bison and elk with access to winter
forage, wildlife migrate from the high elevation plateau of
Yellowstone National Park to lower elevation habitat adjacent
to the Park in winter and spring.
(6) The Yellowstone buffalo herd was exposed to the
bacterium Brucella abortus, which can cause the disease
brucellosis, in 1917. Brucellosis is only transmitted through
animal ingestion of contaminated reproductive products.
Brucellosis can cause abortions in infected animals, but only
infectious females who have the bacteria in their reproductive
system represent any potential threat of transmission. The risk
of transmission between wild buffalo and cattle was deemed low
in a 1992 General Accounting Office report, and again in a 1998
National Research Council study. In fact, there has never been
a confirmed incidence of brucellosis transmission in the wild
from buffalo to cattle. Buffalo with brucellosis and cattle
have grazed together for over 50 years in the Jackson Hole area
south of Yellowstone without any incident of disease
transmission. Despite these facts, the National Park Service,
the United States Forest Service, and the State of Montana
Department of Livestock haze, capture, and kill members of the
Yellowstone buffalo herd in an attempt to keep them unnaturally
confined within Yellowstone National Park. At the same time,
approximately 13,000 Yellowstone elk, some of which also harbor
brucellosis, are allowed unfettered access to Federal land
outside the Park. Since 1984, nearly 3,700 American buffalo
have been killed in Montana as a result of this policy. In the
winter of 2002-2003, 244 buffalo were killed by the Federal and
State agencies, including 231 buffalo which were captured and
slaughtered by the National Park Service.
(7) The key lower elevation habitat needed by American
buffalo is primarily on Gallatin National Forest lands adjacent
to the north and west sides of the Park. On the north side,
taxpayers spent $13,000,000 in 1999 for a private-Federal land
exchange intended to make low elevation habitat adjacent to the
Yellowstone River accessible to the Yellowstone buffalo herd
and other wildlife. The land exchange has not yet been
finalized by Federal agencies and therefore key habitat is not
available to the Yellowstone buffalo herd.
(8) On the west side of the Park, the Horse Butte peninsula
provides prime wildlife habitat for grizzly bears, trumpeter
swans, bald eagles, wolves, and buffalo. The peninsula
comprises approximately 10,000 acres of primarily Gallatin
National Forest Federal lands extending into Hebgen Lake.
(9) National Park Service lands have been set aside for the
conservation of resources and values and for the enjoyment and
use of all citizens. The Federal lands adjacent to the Park
represent some of the most valuable and important wildlife
habitat in the lower forty-eight states. They are integrally
connected to the health of wildlife residing seasonally in our
Nation's oldest national park. Together, the Park and the
adjacent Federal lands provide some of our Nation's richest
opportunities for recreation, wildlife viewing, family camping,
wildlife conservation, fishing, and other recreational and
sporting activities. These Federal lands should be
preferentially managed to sustain this rich and diverse
wildlife resource and to provide the public with enjoyment of
this National treasure.
(c) Purpose.--The purpose of this Act is to provide for the
protection of the Yellowstone buffalo herd by allowing the Yellowstone
buffalo herd to freely roam Federal lands outside of the Park. The
Federal lands that are affected by this Act are those within the Park
and adjacent to it on the north and west boundaries as indicated by
zones 2 and 3 on the Modified Preferred Alternative Map on page 181 of
the 2000 Bison Management Plan for the State of Montana and Yellowstone
National Park Final Environmental Impact Statement.
(d) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Hazing.--The term ``hazing'' means any individual
effort to drive away, obstruct, chase, scare, or deter natural
movements of wildlife, including hazing efforts carried out on
foot or horseback or efforts aided by machinery, aircraft, or
any type of noise-making device.
(2) Individual.--The term ``individual'' means any person
representing a State or Federal Government.
(3) Park.--The term ``Park'' means Yellowstone National
Park.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Yellowstone buffalo herd.--The term ``Yellowstone
buffalo herd'' means the wild, free roaming, unfenced buffalo
living primarily within Yellowstone National Park.
(e) Prohibited Acts; Criminal Penalties.--
(1) Prohibited acts.--No individual may kill, haze, or
capture any buffalo on Federal land or land held under Federal
conservation easements or use any form of bait to lure buffalo
from any Federal land onto private land until the duties under
subsection (f) are carried out.
(2) Penalties.--
(A) Initial violation.--Any individual found to be
in violation of paragraph (1) for the first time shall
be fined not more than $5,000 or imprisoned not more
than 1 year or both.
(B) Subsequent violations.--Any individual found to
be in violation of paragraph (1) after the first such
finding shall be fined not more than $10,000 or
imprisoned not more than 2 years or both.
(C) Reward.--One half of any fine collected under
this subsection or $2,500, whichever is less, shall be
paid to any person or persons giving information which
leads to conviction of a violation of this subsection.
(D) Exception.--This subsection shall not apply to
a person that is found to have been hazing a buffalo if
the person is physically endangered or private property
was damaged by a buffalo.
(f) Duties.--The Secretary and other appropriate Federal agencies
shall ensure that the following is accomplished not later than 3 years
after the date of the enactment of this Act:
(1) The Yellowstone buffalo herd is allowed to freely roam
the Park and the Federal lands adjacent to Yellowstone National
Park on the north and west boundaries as indicated by zones 2
and 3 on the Modified Preferred Alternative Map on page 181 of
the 2000 Bison Management Plan for the State of Montana and
Yellowstone National Park Final Environmental Impact Statement
without being hazed. These lands shall be made available
preferentially for buffalo and wildlife use.
(2) Management authority of the Yellowstone buffalo herd
within the Park is under the sole jurisdiction of the National
Park Service.
(3) The land exchange described in section 1(b)(7) with the
private property owner has been finalized, as set forth in the
agreement executed in 1999, so that the Yellowstone buffalo
herd may freely roam the lands described in paragraph (1).
(4) The National Park Service has disassembled the Stephens
Creek Buffalo Capture Facility.
(5) The Secretary has made every effort practicable to
allow the Yellowstone buffalo herd to freely roam Federal lands
through incentives and cooperative efforts with adjacent
private landowners, including through acquisition, easement,
cattle vaccination, and landowner agreement pertaining to
temporal and spatial separation of livestock from the
Yellowstone buffalo herd. | Yellowstone Buffalo Preservation Act - Prohibits an individual from killing, hazing, or capturing any buffalo on Federal lands or land held under Federal conservation easements or using any form of bait to lure buffalo from any Federal land onto private land until the Secretary of the Interior and other appropriate Federal agencies carry out specified duties.
Establishes fines and criminal penalties for violations of this Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Opioid Abuse for Care in
Hospitals Act of 2018'' or the ``COACH Act of 2018''.
SEC. 2. DEVELOPING GUIDANCE ON PAIN MANAGEMENT AND OPIOID USE DISORDER
PREVENTION FOR HOSPITALS RECEIVING PAYMENT UNDER PART A
OF THE MEDICARE PROGRAM.
(a) In General.--Not later than January 1, 2019, the Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall develop and publish on the public website of the
Centers for Medicare & Medicaid Services guidance for hospitals
receiving payment under part A of title XVIII of the Social Security
Act (42 U.S.C. 1395c et seq.) on pain management strategies and opioid
use disorder prevention strategies with respect to individuals entitled
to benefits under such part.
(b) Consultation.--In developing the guidance described in
subsection (a), the Secretary shall consult with relevant stakeholders,
including--
(1) medical professional organizations;
(2) providers and suppliers of services (as such terms are
defined in section 1861 of the Social Security Act (42 U.S.C.
1395x));
(3) health care consumers or groups representing such
consumers; and
(4) other entities determined appropriate by the Secretary.
(c) Contents.--The guidance described in subsection (a) shall
include, with respect to hospitals and individuals described in such
subsection, the following:
(1) Best practices regarding evidence-based screening and
practitioner education initiatives relating to screening and
treatment protocols for opioid use disorder, including--
(A) methods to identify such individuals at-risk of
opioid use disorder, including risk stratification;
(B) ways to prevent, recognize, and treat opioid
overdoses; and
(C) resources available to such individuals, such
as opioid treatment programs, peer support groups, and
other recovery programs.
(2) Best practices for such hospitals to educate
practitioners furnishing items and services at such hospital
with respect to pain management and substance use disorders,
including education on--
(A) the adverse effects of prolonged opioid use;
(B) non-opioid, evidence-based, non-pharmacological
pain management treatments;
(C) monitoring programs for individuals who have
been prescribed opioids; and
(D) the prescribing of naloxone along with an
initial opioid prescription.
(3) Best practices for such hospitals to make such
individuals aware of the risks associated with opioid use
(which may include use of the notification template described
in paragraph (4)).
(4) A notification template developed by the Secretary, for
use as appropriate, for such individuals who are prescribed an
opioid that--
(A) explains the risks and side effects associated
with opioid use (including the risks of addiction and
overdose) and the importance of adhering to the
prescribed treatment regimen, avoiding medications that
may have an adverse interaction with such opioid, and
storing such opioid safely and securely;
(B) highlights multimodal and evidence-based non-
opioid alternatives for pain management;
(C) encourages such individuals to talk to their
health care providers about such alternatives;
(D) provides for a method (through signature or
otherwise) for such an individual, or person acting on
such individual's behalf, to acknowledge receipt of
such notification template;
(E) is worded in an easily understandable manner
and made available in multiple languages determined
appropriate by the Secretary; and
(F) includes any other information determined
appropriate by the Secretary.
(5) Best practices for such hospital to track opioid
prescribing trends by practitioners furnishing items and
services at such hospital, including--
(A) ways for such hospital to establish target
levels, taking into account the specialties of such
practitioners and the geographic area in which such
hospital is located, with respect to opioids prescribed
by such practitioners;
(B) guidance on checking the medical records of
such individuals against information included in
prescription drug monitoring programs;
(C) strategies to reduce long-term opioid
prescriptions; and
(D) methods to identify such practitioners who may
be over-prescribing opioids.
(6) Other information the Secretary determines appropriate,
including any such information from the Opioid Safety
Initiative established by the Department of Veterans Affairs or
the Opioid Overdose Prevention Toolkit published by the
Substance Abuse and Mental Health Services Administration.
SEC. 3. REQUIRING THE REVIEW OF QUALITY MEASURES RELATING TO OPIOIDS
AND OPIOID USE DISORDER TREATMENTS FURNISHED UNDER THE
MEDICARE PROGRAM AND OTHER FEDERAL HEALTH CARE PROGRAMS.
(a) In General.--Section 1890A of the Social Security Act (42
U.S.C. 1395aaa-1) is amended by adding at the end the following new
subsection:
``(g) Technical Expert Panel Review of Opioid and Opioid Use
Disorder Quality Measures.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Secretary shall
establish a technical expert panel for purposes of reviewing
quality measures relating to opioids and opioid use disorders,
including care, prevention, diagnosis, health outcomes, and
treatment furnished to individuals with opioid use disorders.
The Secretary may use the entity with a contract under section
1890(a) and amend such contract as necessary to provide for the
establishment of such technical expert panel.
``(2) Review and assessment.--Not later than 1 year after
the date the technical expert panel described in paragraph (1)
is established (and periodically thereafter as the Secretary
determines appropriate), the technical expert panel shall--
``(A) review quality measures that relate to
opioids and opioid use disorders, including existing
measures and those under development;
``(B) identify gaps in areas of quality measurement
that relate to opioids and opioid use disorders, and
identify measure development priorities for such
measure gaps; and
``(C) make recommendations to the Secretary on
quality measures with respect to opioids and opioid use
disorders for purposes of improving care, prevention,
diagnosis, health outcomes, and treatment, including
recommendations for revisions of such measures, need
for development of new measures, and recommendations
for including such measures in the Merit-Based
Incentive Payment System under section 1848(q), the
alternative payment models under section 1833(z)(3)(C),
the shared savings program under section 1899, the
quality reporting requirements for inpatient hospitals
under section 1886(b)(3)(B)(viii), and the hospital
value-based purchasing program under section 1886(o).
``(3) Consideration of measures by secretary.--The
Secretary shall consider--
``(A) using opioid and opioid use disorder measures
(including measures used under the Merit-Based
Incentive Payment System under section 1848(q),
measures recommended under paragraph (2)(C), and other
such measures identified by the Secretary) in
alternative payment models under section 1833(z)(3)(C)
and in the shared savings program under section 1899;
and
``(B) using opioid measures described in
subparagraph (A), as applicable, in the quality
reporting requirements for inpatient hospitals under
section 1886(b)(3)(B)(viii),and in the hospital value-
based purchasing program under section 1886(o).
``(4) Prioritization of measure development.--The Secretary
shall prioritize for measure development the gaps in quality
measures identified under paragraph (2)(B).''.
(b) Expedited Endorsement Process for Opioid Measures.--Section
1890(b)(2) of the Social Security Act (42 U.S.C. 1395aaa(b)(2)) is
amended by adding at the end the following new flush sentence:
``Such endorsement process shall, as determined practicable by
the entity, provide for an expedited process with respect to
the endorsement of such measures relating to opioids and opioid
use disorders.''.
SEC. 4. TECHNICAL EXPERT PANEL ON REDUCING SURGICAL SETTING OPIOID USE;
DATA COLLECTION ON PERIOPERATIVE OPIOID USE.
(a) Technical Expert Panel on Reducing Surgical Setting Opioid
Use.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall convene a technical expert panel, including
medical and surgical specialty societies and hospital
organizations, to provide recommendations on reducing opioid
use in the inpatient and outpatient surgical settings and on
best practices for pain management, including with respect to
the following:
(A) Approaches that limit patient exposure to
opioids during the perioperative period, including pre-
surgical and post-surgical injections, and that
identify such patients at risk of opioid use disorder
pre-operation.
(B) Shared decision making with patients and
families on pain management, including recommendations
for the development of an evaluation and management
code for purposes of payment under the Medicare program
under title XVIII of the Social Security Act that would
account for time spent on shared decision making.
(C) Education on the safe use, storage, and
disposal of opioids.
(D) Prevention of opioid misuse and abuse after
discharge.
(E) Development of a clinical algorithm to identify
and treat at-risk, opiate-tolerant patients and reduce
reliance on opioids for acute pain during the
perioperative period.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress
and make public a report containing the recommendations
developed under paragraph (1) and an action plan for broader
implementation of pain management protocols that limit the use
of opioids in the perioperative setting and upon discharge from
such setting.
(b) Data Collection on Perioperative Opioid Use.--Not later than 1
year after the date of the enactment of this Act, the Secretary of
Health and Human Services shall submit to Congress a report that
contains the following:
(1) The diagnosis-related group codes identified by the
Secretary as having the highest volume of surgeries.
(2) With respect to each of such diagnosis-related group
codes so identified, a determination by the Secretary of the
data that is both available and reported on opioid use
following such surgeries, such as with respect to--
(A) surgical volumes, practices, and opioid
prescribing patterns;
(B) opioid consumption, including--
(i) perioperative days of therapy;
(ii) average daily dose at the hospital,
including dosage greater than 90 milligram
morphine equivalent;
(iii) post-discharge prescriptions and
other combination drugs that are used before
intervention and after intervention;
(iv) quantity and duration of opioid
prescription at discharge; and
(v) quantity consumed and number of
refills;
(C) regional anesthesia and analgesia practices,
including pre-surgical and post-surgical injections;
(D) naloxone reversal;
(E) post-operative respiratory failure;
(F) information about storage and disposal; and
(G) such other information as the Secretary may
specify.
(3) Recommendations for improving data collection on
perioperative opioid use, including an analysis to identify and
reduce barriers to collecting, reporting, and analyzing the
data described in paragraph (2), including barriers related to
technological availability.
SEC. 5. REQUIRING THE POSTING AND PERIODIC UPDATE OF OPIOID PRESCRIBING
GUIDANCE FOR MEDICARE BENEFICIARIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall post on the public
website of the Centers for Medicare & Medicaid Services all guidance
published by the Department of Health and Human Services on or after
January 1, 2016, relating to the prescribing of opioids and applicable
to opioid prescriptions for individuals entitled to benefits under part
A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.)
or enrolled under part B of such title of such Act (42 U.S.C. 1395j et
seq.).
(b) Update of Guidance.--
(1) Periodic update.--The Secretary shall, in consultation
with the entities specified in paragraph (2), periodically (as
determined appropriate by the Secretary) update guidance
described in subsection (a) and revise the posting of such
guidance on the website described in such subsection.
(2) Consultation.--The entities specified in this paragraph
are the following:
(A) Medical professional organizations.
(B) Providers and suppliers of services (as such
terms are defined in section 1861 of the Social
Security Act (42 U.S.C. 1395x)).
(C) Health care consumers or groups representing
such consumers.
(D) Other entities determined appropriate by the
Secretary.
Passed the House of Representatives June 19, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Combating Opioid Abuse for Care in Hospitals Act of 2018 or the COACH Act of 2018 (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services (CMS) to publish guidance for hospitals on pain management and opioid-use disorder prevention strategies for Medicare beneficiaries. (Sec. 3) The CMS must also convene a technical expert panel to recommend opioid and opioid-use disorder quality measures for possible use in hospital payment and reporting models under Medicare. (Sec. 4) The Department of Health and Human Services must: (1) convene a technical expert panel to recommend ways to reduce opioid use in surgical settings and best practices for pain management, specifically during the perioperative (pre-operative through post-operative) period; and (2) report on diagnosis-related group codes that have the highest volume of surgeries and the availability of associated data regarding post-operative opioid use, including prescription patterns and rates of consumption. (Sec. 5) The CMS must also publish and periodically update all guidance issued since January 1, 2016, related to the prescription of opioids for Medicare beneficiaries. | billsum_train |
Provide a summary of the following text: SECTION 1. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CERTAIN ON-
SITE DAY-CARE FACILITIES.
(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 thereof the following new
section:
``SEC. 45A. EMPLOYER ON-SITE DAY-CARE FACILITY CREDIT.
``(a) In General.--For purposes of section 38, the employer on-site
day-care facility credit determined under this section for the taxable
year is an amount equal to 50 percent of the qualified investment in
property placed in service during such taxable year as part of a
qualified day-care facility.
``(b) Limitation.--The credit allowable under subsection (a) with
respect to any qualified day-care facility shall not exceed $150,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified investment.--The term `qualified
investment' means the amount paid or incurred to acquire,
construct, rehabilitate, or expand property--
``(A) which is to be used as part of a qualified
day-care facility, and
``(B) with respect to which a deduction for
depreciation (or amortization in lieu of depreciation)
is allowable.
Such term includes only amounts properly chargeable to capital
account.
``(2) Qualified day-care facility.--
``(A) In general.--The term `qualified day-care
facility' means a facility--
``(i) operated by an employer to provide
dependent care assistance for enrollees, at
least 30 percent of whom are dependents of
employees of employers to which a credit under
subsection (a) with respect to the facility is
allowable,
``(ii) the principal use of which is to
provide dependent care assistance described in
clause (i),
``(iii) located on the premises of such
employer,
``(iv) which meets the requirements of all
applicable laws and regulations of the State or
local government in which it is located,
including, but not limited to, the licensing of
the facility as a day-care facility, and
``(v) the use of which (or the eligibility
to use) does not discriminate in favor of
employees who are highly compensated employees
(within the meaning of section 414(q)).
``(B) Multiple employers.--With respect to a
facility jointly operated by more than 1 employer, the
term `qualified day-care facility' shall include any
facility located on the premises of 1 employer and
within a reasonable distance from the premises of the
other employers.
``(d) Recapture of Credit.--
``(1) In general.--If, as of the close of any taxable year,
there is a recapture event with respect to any qualified day-
care facility, then the tax of the taxpayer under this chapter
for such taxable year shall be increased by an amount equal to
the product of--
``(A) the applicable recapture percentage, and
``(B) the aggregate decrease in the credits allowed
under section 38 for all prior taxable years which
would have resulted if the qualified on-site day-care
expenses of the taxpayer with respect to such facility
had been zero.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
The applicable
recapture
``If the recapture event percentage is:
occurs in:
Years 1-3...................................... 100
Year 4......................................... 85
Year 5......................................... 70
Year 6......................................... 55
Year 7......................................... 40
Year 8......................................... 25
Years 9 and 10................................. 10
Years 11 and thereafter........................ 0.
``(B) Years.--For purposes of subparagraph (A),
year 1 shall begin on the first day of the taxable year
in which the qualified day-care facility is placed in
service by the taxpayer.
``(3) Recapture event defined.--For purposes of this
subsection, the term `recapture event' means--
``(A) Cessation of operation.--The cessation of the
operation of the facility as a qualified day-care
facility.
``(B) Change in ownership.--
``(i) In general.--Except as provided in
clause (ii), the disposition of a taxpayer's
interest in a qualified day-care facility with
respect to which the credit described in
subsection (a) was allowable.
``(ii) Agreement to assume recapture
liability.--Clause (i) shall not apply if the
person acquiring such interest in the facility
agrees in writing to assume the recapture
liability of the person disposing of such
interest in effect immediately before such
disposition. In the event of such an
assumption, the person acquiring the interest
in the facility shall be treated as the
taxpayer for purposes of assessing any
recapture liability (computed as if there had
been no change in ownership).
``(4) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (1) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining the
amount of any credit under subpart A, B, or D of this
part.
``(C) No recapture by reason of casualty loss.--The
increase in tax under this subsection shall not apply
to a cessation of operation of the facility as a
qualified day-care facility by reason of a casualty
loss to the extent such loss is restored by
reconstruction or replacement within a reasonable
period established by the Secretary.
``(e) Special Allocation Rules.--For purposes of this section--
``(1) Allocation in case of multiple employers.--In the
case of multiple employers jointly operating a qualified day-
care facility, the credit allowable by this section to each
such employer shall be its proportionate share of the qualified
on-site day-care expenses giving rise to the credit.
``(2) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(3) Allocation in the case of partnerships.--In the case
of partnerships, the credit shall be allocated among partners
under regulations prescribed by the Secretary.
``(f) No Double Benefit.--
``(1) Reduction in basis.--For purposes of this subtitle--
``(A) In general.--If a credit is determined under
this section with respect to any property, the basis of
such property shall be reduced by the amount of the
credit so determined.
``(B) Certain dispositions.--If during any taxable
year there is a recapture amount determined with
respect to any property the basis of which was reduced
under paragraph (1), the basis of such property
(immediately before the event resulting in such
recapture) shall be increased by an amount equal to
such recapture amount. For purposes of the preceding
sentence, the term `recapture amount' means any
increase in tax (or adjustment in carrybacks or
carryovers) determined under subsection (d).
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to the amount of the credit determined under this
section.
``(g) Termination.--This section shall not apply to taxable years
beginning after December 31, 1996.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended--
(A) by striking out ``plus'' at the end of
paragraph (7),
(B) by striking out the period at the end of
paragraph (8), and inserting in lieu thereof a comma
and ``plus'', and
(C) by adding at the end thereof the following new
paragraph:
``(9) the employer on-site day-care facility credit
determined under section 45A.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end
thereof the following new item:
``Sec. 45A. Employer on-site day-care
facility credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993. | Amends the Internal Revenue Code to make available to an employer an income tax credit for expenses paid or incurred to acquire, construct, rehabilitate, or expand a qualified on-site day care facility operated by the employer for the care of enrollees, at least 30 percent of whom must be dependents of the employer's employees.
Terminates the credit after December 31, 1996. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Space Access Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has been the preeminent leader in
human spaceflight for nearly 50 years. Under NASA's leadership,
this Nation has engaged many countries, including former
adversaries, in a series of peaceful space missions that have
contributed to mutual trust and understanding that continue to
this day.
(2) The planning and development of the International Space
Station (ISS) is the culmination of many of these
collaborations, bringing together through NASA's leadership a
number of foreign partners to invest and participate in its
construction and operation. It is the most technologically
challenging and complex project ever undertaken. The United
States has been the largest contributor, having invested tens
of billions of dollars developing, building, and transporting
components of the International Space Station to orbit.
(3) One of the guiding principles articulated in National
Security Presidential Directive 49, United States National
Space Policy, states, ``The United States considers space
capabilities--including the ground and space segments and
supporting links--vital to its national interests. Consistent
with this policy, the United States will preserve its rights,
capabilities, and freedom of action in space; dissuade or deter
others from either impeding those rights or developing
capabilities intended to do so; take those actions necessary to
protect its space capabilities; respond to interference; and
deny, if necessary, adversaries the use of space capabilities
hostile to U.S. national interests''.
(4) The International Space Station is nearing completion,
with remaining ISS construction missions scheduled to be
concluded in 2010. The Station's crew size will increase to 6,
enabling the full utilization of its laboratories and research
facilities in a microgravity environment for the decade to
come. Routine and assured access to the Station is critical if
we are to capitalize on our investment.
(5) In January 2004, the President directed NASA to honor
our international commitments to complete the assembly of the
International Space Station and retire the Space Shuttle by
2010. The directive also called for the development of a new
system to enable astronauts to travel beyond low Earth orbit.
This system, the Constellation System, consisting of the Orion
crew exploration vehicle and Ares launch vehicle, would also be
capable of traveling to the International Space Station but
would not be available until 4 years after the projected
retirement of the Space Shuttle. This plan was ratified by
Congress in the National Aeronautics and Space Administration
Authorization Act of 2005 (Public Law 109-155).
(6) Other nations are now investing heavily to develop
manned spaceflight and robotic capabilities. During the planned
gap following retirement of the Space Shuttle, these nations
are expected to enhance their space capabilities, jeopardizing
our Nation's preeminence and our ability to influence other
space-faring nations, contrary to the national policy (National
Security Presidential Directive 49). United States influence in
world affairs and our ability to shape future peaceful uses in
space will be imperiled.
(7) Congress believes it is imperative that NASA reduce our
Nation's dependence on foreign launch providers to access the
International Space Station. The planned gap has expanded to 5
years, and if development problems are encountered, the gap
will continue to widen. A 5-year or more gap is too long to
rely on other nations to access the International Space
Station, the bulk of which we have provided.
(8) Unless Space Shuttle operations are extended beyond
2010, the United States will be heavily reliant on Russia to
supply crew and possibly cargo transport services to the
International Space Station during the gap period of 2010
through 2015. There is no other proven and reliable means of
transporting our astronauts into space during this period.
(9) The United States should not increase its reliance on
Russia to transport American astronauts into space, given the
increasingly divergent views and posturing from Russia. Russia
opposes the United States plan to base an antimissile radar
system in the Czech Republic and interceptor missiles in Poland
to counter the threat posed by the Iranian nuclear weapons and
missile programs. Russia also suspended its participation in
the Conventional Forces in Europe (CFE) treaty, one of the most
significant arms control agreements of the Cold War years.
Additionally, Russia continues to arm some of America's
adversaries. Despite United States objections, Russia provided
billions of dollars worth of weapons to the regime of Hugo
Chavez in Venezuela in 2006. Such meddling is a possible
violation of the Monroe Doctrine and a throwback to the Cold
War era. Even more troublesome is the Russian history of
weapons trading with Iran. Russia has supplied advanced
conventional arms technology, missile technology, and nuclear
technologies to this very anti-American regime.
(10) In the late 1990s, Russia fell short in fulfilling its
commitment to the International Space Station.
(11) NASA was forced to transfer hundreds of millions of
dollars to enable the Russians to complete the critical Space
Station service module Zvezda, without which the International
Space Station could not operate.
(12) Russia delayed completion of the Zvezda service module
for several years. Under the International Space Station
agreement, the Russian government had committed to fund as well
as build the Zvezda service module. Subsequent transfers from
the United States, in order to complete the module, reflect
serious Russian mismanagement in the field of space.
(13) In 2000, while Russia was failing to meet its
commitment to the International Space Station, Russia was
diverting financial and human resources away from fulfilling
its International Space Station commitments in order to keep
the Russian's Mir Space Station aloft.
(14) Russia's past shortcomings in fulfilling commitments
to its international space partners should serve as a warning
to the United States as we consider increased reliance on
Russian space services in the future. It is not prudent for the
United States to depend on Russia for access to space given our
past experience with this relationship.
(15) The United States has already invested tens of
billions of dollars in the International Space Station program
since its inception.
(16) There is much research of great value being conducted
in space, and on the International Space Station, that may
yield tremendous gains. Research conducted on the International
Space Station may help scientists back on Earth develop
medicines to treat diseases and help us better understand the
Earth's climate. Many scientists believe that the microgravity
environment of space will enable the development of new drugs,
vaccines, and other therapies. Equipment on the International
Space Station will monitor stratospheric gases, and investigate
ozone chemistry.
(17) To ensure that the United States realizes the
dividends from the considerable investment we have made in the
International Space Station, we need to ensure continued access
to space for our astronauts. However, NASA's plan for transport
of crew to and from the International Space Station fails to
provide necessary redundancies to provide assured access to
space.
(18) NASA anticipates that the Russian Soyuz spacecraft
will be the only vehicle for astronaut crew rotation to the
International Space Station after 2010. From 2011 until the
planned operation of Orion in 2015, NASA likely has no other
option for transporting American astronauts to space other than
on Russian vehicles.
(19) Due to NASA's lack of a backup plan for reliance on
the Russians for transport of American astronauts to space, the
United States needs a better approach. The best approach is the
Space Shuttle, a proven, domestic source of space transport for
assured access to space, including the International Space
Station, for crew and cargo transport.
(20) With 2 Shuttle missions per year during the human
spaceflight program flight gap between Shuttle and Orion,
currently scheduled from 2010 through 2015, we can replace our
need to rely on the Russians for crew rotation for the
International Space Station.
(21) Savings from replacing Russian transport services to
the International Space Station with the Space Shuttle would
pay for a portion of the costs for flying 2 Space Shuttle
missions per year.
(22) Only by closing the gap between 2010 and 2015, or
until the Orion is operational, will our Nation be able to keep
our Nation's highly skilled and critically important
spaceworkers and engineers gainfully employed, and mitigate the
loss of critical skills.
(23) By extending Space Shuttle operations, NASA may
realize considerable savings by no longer having to pay
retention bonuses to critical space workers. But retention
bonuses would not be the only added costs associated with the
end of Space Shuttle operations when critical skilled workers
leave NASA or its contractors. Recruitment incentives for new
workers and contract cost increases could also be incurred by
NASA since the majority of the Kennedy Space Center's workforce
are contractors.
(24) The success of the Constellation program will depend
on having the most skilled and experienced workforce possible.
The workforce gap, as currently envisioned by NASA, will
jeopardize this. NASA has acknowledged that thousands of
critical space workers will lose their jobs in the transition
from the Space Shuttle to the Constellation program. Continued
operation of the Space Shuttle, but on a reduced flight
requirement, while also integrating these workers into the
Orion program, is the best way to retain many of these critical
workers and skill sets.
(25) An August 2007 study by the Government Accountability
Office, ``NASA Progress Made on Strategic Human Capital
Management, but Future Program Challenges Remain,'' stated that
``the agency as a whole faces challenges in recruiting and
retaining highly experienced senior-level engineers in certain
specialties. NASA's principal workforce challenge will be faced
in the transition to the next generation of human space flight
systems.''.
SEC. 3. EXTENDING SPACE SHUTTLE OPERATIONS.
(a) Use of Space Shuttle for Access to Space.--NASA shall fly not
less than 2 Space Shuttle missions per year for crew transport, instead
of purchasing Russian crew and cargo services, for the period beginning
in 2010 and ending--
(1) in 2015;
(2) when Orion is operational; or
(3) when NASA has certified the safe operation of an
available United States commercial capability,
whichever occurs first. There are authorized to be appropriated to NASA
such sums as may be necessary, in addition to amounts otherwise
authorized, to carry out this subsection.
(b) Insufficient Funding.--Except as provided under subsection (c),
the requirements of this Act shall have effect only to the extent that
sufficient funding is appropriated, as authorized under subsection (a).
Sufficient funding is defined as funds required to fully or partially
comply with the requirements of this Act.
(c) Report to Congress.--NASA shall report to Congress not later
than 90 days after the date of enactment of this Act on the specific
costs and actions needed to extend the operation of the Space Shuttle
in accordance with this Act.
(d) Operational Efficiencies.--As soon as possible, but no later
than March 31, 2011, NASA shall investigate areas of reduced operations
and enhanced cost savings and implement those that do not impinge the
safe operation of the Space Shuttle program, including the following:
(1) The possible retirement of one Space Shuttle orbiter,
leaving 2 to remain operational, in a manner that ensures the
safe operation of the Space Shuttle program.
(2) Significantly reducing changes to the design of the
Space Shuttle orbiters, in a manner that ensures the safe
operation of the Space Shuttle program. This shall include
changes to the Space Shuttle software systems.
(3) Significantly reducing Space Shuttle orbiter
configuration operations and payload configuration operations,
in a manner that ensures the safe operation of the Space
Shuttle program.
(4) Maximizing the use of shared personnel between the
continued operation of the Space Shuttle and Constellation and
other NASA programs.
(e) Facilities.--If conflicts arise in NASA's efforts to allocate
facilities, personnel, and other resources in order to fly the Space
Shuttle as well as continue the development of Constellation, then NASA
shall identify in a report to Congress in advance such conflicts, along
with recommendations as to how they can be mitigated.
SEC. 4. EXPEDITING CONSTELLATION.
(a) Report to Congress.--Not later than 3 months after the date of
enactment of this Act, NASA shall report to Congress on the amount of
funding needed to expedite the schedule of the Orion Crew Exploration
Vehicle and the Ares I Crew Vehicle and associated ground support
systems. Such report shall--
(1) contain a description and timeline for an expedited
schedule to bring Orion and Ares I on line sooner; and
(2) outline the additional funding needed to achieve this
expedited schedule.
(b) Authorization of Approprations.--There are authorized to be
appropriated to NASA such sums as may be necessary to achieve the goals
of this section. Such funding shall be in addition to any funding
needed to continue operations of the Shuttle beyond 2010. | American Space Access Act - Requires the National Aeronautics and Space Administration (NASA) to annually fly at least two Space Shuttle missions for crew transport into space, instead of purchasing Russian crew and cargo services, for the period beginning in 2010 and ending: (1) in 2015; (2) when the Orion crew exploration vehicle is operational; or (3) when NASA has certified the safe operation of an available U.S. commercial capability, whichever occurs first.
Directs NASA, not later than March 31, 2011, to investigate areas of reduced operations and enhanced cost savings and implement those that do not impinge on the safe operation of the Space Shuttle program.
Requires NASA to report to Congress on: (1) the costs and actions needed to extend the operation of the Space Shuttle in accordance with this Act; and (2) the amount of funding needed to expedite the schedule of the Orion crew exploration vehicle and the Ares I crew exploration vehicle and associated ground support systems under the Constellation program. | billsum_train |
Give a brief overview of the following text: SECTION 1. TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF
THE FLATHEAD IRRIGATION PROJECT, MONTANA.
(a) Purpose.--The purpose of this Act is to preserve and protect
the viability and sustainability of the family farms and ranches of the
Jocko Valley, Camas Valley, and Mission Valley, Montana, through the
transfer of responsibility for operation and maintenance of the
Irrigation Division of the Flathead Irrigation Project, Montana,
without having any effect on the negotiation or adjudication of water
rights, including those of the tribe.
(b) Definitions.--In this Act:
(1) Contract.--The term ``contract'' means the contract
under subsection (c).
(2) Irrigation district.--The term ``irrigation district''
means 1 or more irrigation districts organized in accordance
with the paragraph relating to the irrigation systems on the
Flathead Indian Reservation, Montana, under the subheading
``irrigation and drainage'' under the heading ``BUREAU OF
INDIAN AFFAIRS'' in the Act of May 10, 1926 (44 Stat. 464,
chapter 277).
(3) Project.--The term ``project'' means the Irrigation
Division of the Flathead Irrigation Project constructed under
section 14 of the Act of April 23, 1904 (33 Stat. 305, chapter
1495), and section 14 of the Act of May 29, 1908 (35 Stat. 450,
chapter 216).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribe.--The term ``Tribe'' means the Confederated
Salish and Kootenai Tribes of the Flathead Nation, a federally
recognized tribe organized under section 16 of the Act of June
18, 1934 (25 U.S.C. 476).
(c) Contract.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall offer to enter into
a contract with the irrigation district under which the
irrigation district will operate and manage the project,
including all rights and powers exercised by the Secretary in
the operation of the project, including the right to use
permanent easements purchased under the Act of May 25, 1948 (62
Stat. 269, chapter 340).
(2) Contract provisions.--The contract shall contain
provisions that--
(A)(i) identify the trust responsibilities of the
United States to the Tribe that are affected by the
operation and maintenance of the Irrigation Division;
and
(ii) ensure that the United States will be able to
fulfill those responsibilities;
(B) ensure that in operating and maintaining the
project, the irrigation district will maintain the
interim instream flows established by the Bureau of
Indian Affairs to preserve fisheries pending
adjudication of water rights and, thereafter, as
required by any rulings made in connection with the
adjudication or related negotiation;
(C) ensure that obligations in existence on the
date of enactment of this Act governing the repayment
of the construction costs of the project are continued
unaffected by this Act and the contract, if the
irrigation district makes an accelerated payment of
$1,000,000 on the repayment contract between the
irrigation district and the United States not later
than December 31, 2001;
(D) amend the repayment contracts in effect on the
date of enactment of this Act between the irrigation
district and the United States to provide that net
revenues from the operation of the Power Division of
the project will not be used to pay operation and
maintenance costs of the Irrigation Division; and
(E) provide for revocation of the contract and of
the right of the irrigation district to operate and
maintain the project if a court of the United States
finds that the irrigation district has operated and
persists in operating the project in a manner that
willingly and knowingly damages tribal trust assets.
(3) Protection of tribal trust assets.--For the purpose of
paragraph (2)(E)--
(A) operation of the project as the project was
operated by the Bureau of Indian Affairs plan of
operations in effect on October 31, 1997, shall be
presumed to provide adequate protection of tribal trust
assets and shall not be considered to damage those
assets; and
(B) any changes in operation required as a result
of new information, changes in administrative policies
or decisions, judicial decisions, or negotiations shall
not be a ground for revocation of the contract unless
the irrigation district refuses to conform the
operation and maintenance of the project to the
requirements of the new information, administrative
policies and decisions, judicial decisions, or
negotiations.
(d) Timing.--The Secretary shall commence negotiations with the
irrigation district as soon as practicable to enable the Secretary and
the irrigation district to enter into a contract not later than 1 year
after the date of enactment of this Act.
(e) Property Rights.--
(1) In general.--Under the contract, the Secretary shall
transfer to the irrigation district ownership of all equipment,
machinery, office supplies, and other supplies and equipment
paid for with operation and maintenance funds related to the
project.
(2) Inventory list.--The Secretary shall provide the
irrigation district an inventory list of all supplies and
equipment at the project as of the date of enactment of this
Act that were purchased with operation and maintenance funds.
(3) Real property.--Under the contract, the Secretary shall
not transfer to the irrigation district ownership of--
(A) any real property right to land or an interest
in land; or
(B) any water right.
(f) Water Rights.--This Act does not affect the negotiation of
water rights between the State of Montana, the United States, and the
Tribe. | Directs the Secretary of the Interior, within one year after the enactment of this Act, to offer to enter into a contract with the irrigation district for the Flathead Indian Reservation, Montana, under which the district will operate and manage the Flathead Indian Irrigation Project, including the right to use permanent easements purchased under a prior Act. Outlines contract requirements, including U.S. fulfillment of trust responsibilities to such Tribe, the maintenance of water flows, and the continuation of certain existing cost repayment obligations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zimbabwe Democracy and Economic
Recovery Amendment Act of 2018''.
SEC. 2. RECONSTRUCTION AND REBUILDING OF ZIMBABWE.
Section 2 of the Zimbabwe Democracy and Economic Recovery Act of
2001 (22 U.S.C. 2151 note; Public Law 107-99) is amended by striking
``and restore the rule of law'' and inserting ``restore the rule of
law, reconstruct and rebuild Zimbabwe, and come to terms with the past
through a process of genuine reconciliation that acknowledges past
human rights abuses and orders inquiries into disappearances, including
the disappearance of human rights activists, such as Patrick Nabanyama,
Itai Dzamara, and Paul Chizuze''.
SEC. 3. FINDINGS.
Section 4(a) of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended--
(1) in paragraph (1), by striking ``costly deployment of troops
to the Democratic Republic of the Congo'' and inserting ``private
appropriation of public assets''; and
(2) by adding at the end the following:
``(6) In October 2016, the Government of Zimbabwe cleared a
small hurdle in its longstanding public sector arrears with the
IMF.''.
SEC. 4. PROVISIONS RELATED TO MULTILATERAL DEBT RELIEF AND OTHER
FINANCIAL ASSISTANCE.
Section 4(b)(2) of the Zimbabwe Democracy and Economic Recovery Act
of 2001 is amended--
(1) in subparagraph (A), by striking ``to propose that the bank
should undertake a review of the feasibility of restructuring,
rescheduling, or eliminating the sovereign debt of Zimbabwe held by
that bank'' and inserting ``to support efforts to reevaluate plans
to restructure, rebuild, reschedule, or eliminate Zimbabwe's
sovereign debt held by that bank and provide an analysis based on
reasonable financial options to achieve those goals''; and
(2) in subparagraph (B), by striking ``dollar'' and inserting
``currency''.
SEC. 5. SENSE OF CONGRESS ON THE UNITED STATES-ZIMBABWE BILATERAL
RELATIONSHIP.
It is the sense of Congress that the United States should seek to
forge a stronger bilateral relationship with Zimbabwe, including in the
areas of trade and investment, if the following conditions are
satisfied:
(1) The Government of Zimbabwe takes the concrete, tangible
steps outlined in paragraphs (1) through (4) of section 4(d) of the
Zimbabwe Democracy and Economic Recovery Act of 2001, as amended by
section 6 of this Act.
(2) The Government of Zimbabwe takes concrete, tangible steps
towards--
(A) good governance, including respect for the opposition,
rule of law, and human rights;
(B) economic reforms that promote growth, address
unemployment and underdevelopment, restore livelihoods, ensure
respect for contracts and private property rights, and promote
significant progress toward monetary policy reforms,
particularly with the Reserve Bank of Zimbabwe, and currency
exchange reforms; and
(C) identification and recovery of stolen private and
public assets within Zimbabwe and in other countries.
(3) The Government of Zimbabwe holds an election that is widely
accepted as free and fair, based on the following pre- and post-
election criteria or conditions:
(A) Establishment and public release, without cost, of a
provisional and a final voter registration roll.
(B) The Zimbabwe Electoral Commission is permitted to
entirely carry out the functions assigned to it under section
239 of Zimbabwe's 2013 Constitution in an independent manner,
and the chairperson meets and consults regularly with
representatives of political parties represented in the
parliament of Zimbabwe and the parties contesting the
elections.
(C) Consistent with Zimbabwe's 2013 Constitution, the
Defence Forces of Zimbabwe--
(i) are neither permitted to actively participate in
campaigning for any candidate nor to intimidate voters;
(ii) are required to verifiably and credibly uphold
their constitutionally-mandated duty to respect the
fundamental rights and freedoms of all persons and to be
nonpartisan in character; and
(iii) are not permitted to print, transfer, or control
ballots or transmit the results of elections.
(D) International observers, including observers from the
United States, the African Union, the Southern African
Development Community, and the European Union--
(i) are permitted to observe the entire electoral
process prior to, on, and following voting day, including
by monitoring polling stations and tabulation centers; and
(ii) are able to independently access and analyze vote
tallying tabulation and the transmission and content of
voting results.
(E) Candidates are allowed access to public broadcasting
media during the election period, consistent with Zimbabwe's
Electoral Act and are able to campaign in an environment that
is free from intimidation and violence.
(F) Civil society organizations are able to freely and
independently carry out voter and civic education and monitor
the entire electoral process, including by observing,
recording, and transmitting publicly-posted or announced voting
results at the ward, constituency, and all higher levels of the
vote tallying process.
(4) Laws enacted prior to the passage of Zimbabwe's March 2013
Constitution that are inconsistent with the new Constitution are
amended, repealed, or subjected to a formal process for review and
correction so that such laws are consistent with the new
Constitution.
(5) The Government of Zimbabwe--
(A) has made significant progress on the implementation of
all elements of the new Constitution; and
(B) has demonstrated its commitment to sustain such efforts
in achieving full implementation of the new Constitution.
(6) Traditional leaders of Zimbabwe observe section 281 of the
2013 Constitution and are not using humanitarian assistance
provided by outside donor organizations or countries in a
politicized manner to intimidate or pressure voters during the
campaign period.
SEC. 6. CERTIFICATION REQUIREMENTS.
Section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended--
(1) in paragraph (3), by striking ``consistent with'' and all
that follows through ``September 1998'';
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 7. REMOVAL OF AUTHORITY TO PAY LAND ACQUISITION COSTS.
Section 5(a) of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended--
(1) in paragraph (2), by striking ``, including the payment of
costs'' and all that follows through ``thereto; and'' and inserting
a semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) identify and recover stolen public assets.''.
SEC. 8. INCLUSION OF AUSTRALIA, THE UNITED KINGDOM, THE AFRICAN UNION,
AND THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY IN CONSULTATIONS ABOUT
ZIMBABWE.
Section 6 of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended by inserting ``Australia, the United Kingdom, the
African Union, the Southern African Development Community,'' after
``Canada,''.
SEC. 9. SENSE OF CONGRESS ON ENFORCEMENT OF SOUTHERN AFRICAN
DEVELOPMENT COMMUNITY TRIBUNAL RULINGS.
It is the sense of Congress that the Government of Zimbabwe and the
Southern African Development Community (referred to in this section as
``SADC'') should enforce the SADC tribunal rulings issued between 2007
to 2010, including 18 disputes involving employment, commercial, and
human rights cases surrounding dispossessed Zimbabwean commercial
farmers and agricultural companies.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Zimbabwe Democracy and Economic Recovery Amendment Act of 2018 This bill amends the Zimbabwe Democracy and Economic Recovery Act of 2001 to establish additional pre- and post- election conditions that Zimbabwe must satisfy in order to remove Department of the Treasury opposition to: (1) international financial institution loan, credit, or guarantee extensions to Zimbabwe; or (2) cancellation or reduction of debt owed by Zimbabwe to the United States or any international financial institution. The bill includes Australia and the United Kingdom in consultations regarding Zimbabwe's political violence and any future removal of related sanctions. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Facilities Closure and
Realignment Act of 1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to reduce unnecessary spending in the
Federal Government by closing or realigning duplicative, wasteful, or
otherwise unnecessary civilian facilities, including facilities that--
(1) have a cost to the Federal Government that is out of
proportion to the benefits provided through the facility; or
(2) fail to further any legitimate goal or mission of the
administering agency.
SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGNMENT COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Civilian Facilities Closure and Realignment
Commission''.
(b) Duties.--The Commission shall carry out the duties specified
for it in this Act.
(c) Appointment.--(1)(A) The Commission shall be composed of seven
members appointed by the President, by and with the advice and consent
of the Senate.
(B) No later than January 1, 1994, the President shall submit to
the Senate the nominations for appointment to the Commission.
(2) In selecting individuals for nominations for appointments to
the Commission, the President should consult with--
(A) the Speaker of the House of Representatives concerning
the appointment of one member;
(B) the majority leader of the Senate concerning the
appointment of one member;
(C) the minority leader of the House of Representatives
concerning the appointment of one member; and
(D) the minority leader of the Senate concerning the
appointment of one member.
(3) At the time the President nominates individuals for appointment
to the Commission, the President shall designate one such individual
who shall serve as Chairman of the Commission.
(d) Terms.--Each member of the Commission shall serve until
December 31, 1995, and may only be removed by the President for cause.
(e) Meetings.--(1) Each meeting of the Commission, other than
meetings in which classified information is to be discussed, shall be
open to the public.
(2) All the proceedings, information, and deliberations of the
Commission shall be open, upon request, to any Member or committee of
the Congress.
(f) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment, but the individual appointed
to fill the vacancy shall serve only for the unexpired portion of the
term for which the individual's predecessor was appointed.
(g) Pay and Travel Expenses.--(1)(A) Each member, other than the
Chairman, shall be paid at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission.
(B) The Chairman shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily equivalent of the minimum
annual rate of basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(2) Members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(h) Director of Staff.--(1) The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a Director who
has not served as a Federal employee during the one-year period
preceding the date of such appointment.
(2) The Director shall be paid at the rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(i) Staff.--(1) Subject to paragraphs (2) and (3), the Director,
with the approval of the Commission, may appoint and fix the pay of
additional personnel.
(2) The Director may make such appointments without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and any personnel so appointed may be paid
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed may not
receive pay in excess of the maximum annual rate of basic pay payable
for a position above GS-15 of the General Schedule.
(3) Upon request of the Director, the head of any Federal
department or agency may detail any of the personnel of that department
or agency to the Commission to assist the Commission in carrying out
its duties under this Act.
(4) The Comptroller General of the United States shall provide
assistance, including the detailing of employees, to the Commission in
accordance with an agreement entered into with the Commission.
(j) Consultants and Property.--(1) The Commission may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to section
3109 of title 5, United States Code.
(2) The Commission may lease space and acquire personal property to
the extent funds are available.
(k) Funding.--There are authorized to be appropriated to the
Commission such funds as are necessary to carry out its duties under
this Act. Such funds shall remain available until expended.
(l) Termination.--The Commission shall terminate on December 31,
1995.
SEC. 4. RECOMMENDATIONS AND REPORT FOR CIVILIAN FACILITY CLOSURES AND
REALIGNMENTS.
(a) Agency Recommendations.--(1) No later than June 1, 1994, each
head of an executive agency as defined under section 105 of title 5,
United States Code (except for the Secretary of Defense with regard to
the Department of Defense) shall submit to the Commission
recommendations for closing or realigning civilian facilities
administered by such agency. The recommendations shall include a
statement providing rationale for the recommended closure or
realignment.
(2) The Office of Management and Budget shall submit to the
Commission with each recommendation submitted under paragraph (1), an
estimate of the administrative costs and savings that would result from
the implementation of such recommendation for the 5 fiscal years
following such implementation.
(b) Review and Recommendations by the Commission.--(1) After
receiving the recommendations from the heads of executive agencies
under subsection (a), the Commission shall conduct public hearings on
the recommendations. Such hearings shall be conducted in Washington,
D.C. and in affected regions throughout the United States.
(2)(A) No later than June 1, 1995, the Commission shall submit to
the President a report containing--
(i) the Commission's findings and conclusions based on a
review and analysis of the recommendations made by the heads of
executive agencies and from public hearings;
(ii) the Commission's recommendations for closures and
realignments of Federal facilities; and
(iii) proposed legislation (containing specific language
proposed to be enacted) to implement the Commission's
recommendations.
(B) Subject to subparagraph (C), in making its recommendations, the
Commission may make changes in any of the recommendations made by the
heads of executive agencies.
(C) In the case of a change described in subparagraph (D) in the
recommendations made by the heads of executive agencies, the Commission
may make the change only if the Commission--
(i) publishes a notice of the proposed change in the
Federal Register not less than 30 days before submitting its
recommendations to the President under subparagraph (A); and
(ii) conduct a public hearing on the proposed change.
(D) Subparagraph (C) shall apply to a change by the Commission in
the heads of executive agencies' recommendations that would--
(i) add a facility to the list of facilities recommended by
the applicable head of an executive agency for closure;
(ii) add a facility to the list of facilities recommended
by the applicable head of an executive agency for realignment;
or
(iii) increase the extent of a realignment of a particular
facility recommended by the applicable head of an executive
agency.
(3) The Commission shall explain and justify in its report
submitted to the President under paragraph (2) any recommendation made
by the Commission that is different from the recommendations made by
the heads of the executive agencies under subsection (a). The
Commission shall submit a copy of such report to the Congress on the
same date on which it submits its recommendations to the President
under paragraph (2).
(4) After the Commission submits recommendations to the President
under this subsection, the Commission shall promptly provide, upon
request, to any Member or committee of Congress information used by the
Commission in making its recommendations.
(5) The Comptroller General of the United States shall--
(A) assist the Commission, to the extent requested, in the
Commission's review and analysis of the recommendations made by
the heads of the executive agencies under subsection (c); and
(B) submit to the Congress and to the Commission a report
containing a detailed analysis of the heads of executive
agencies' recommendations and selection process, including an
assessment of whether such recommendations comply with the
purposes of this Act.
(c) Review by the President.--(1) No later than September 1, 1995,
the President shall approve or disapprove the report submitted under
subsection (b)(2)(A).
(2) If the report is approved the President shall submit the report
to the Congress for legislative action under section 5.
(3) If the President disapproves the report, the President shall
report specific issues and objections, including the reasons for any
changes recommended in the report, to the Commission and the Congress.
(4) The Commission shall consider any issues or objections raised
by the President and may modify the report based on such issues and
objections. No later than 30 days after receipt of the President's
disapproval under paragraph (3), the Commission shall submit the final
report (as modified if modified) to the Congress for legislative action
under section 5.
SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Definitions.--For purposes of this section--
(1) the term ``implementation bill'' means only a bill
which is introduced as provided under subsection (b), and
contains the proposed legislation contained in the final report
submitted to the Congress under section 4(c) (2) or (4) without
modification; and
(2) the term ``session day'' means a day that both the
Senate and the House of Representatives are in session.
(b) Introduction and Referral.--(1) On the first session day on or
immediately following the date on which a final report is submitted to
the Congress under section 4(c) (2) or (4), an implementation bill
shall be introduced--
(A) in the Senate by the Majority Leader of the Senate, for
himself, the Minority Leader of the Senate, or by Members of
the Senate designated by the Majority Leader and Minority
Leader of the Senate; and
(B) in the House of Representatives by the Majority Leader
of the House of Representatives, for himself and the Minority
Leader of the House of Representatives, or by Members of the
House of Representatives designated by the Majority Leader and
Minority Leader of the House of Representatives.
(2) The implementation bill introduced in the Senate shall be
referred concurrently to the Committee on Governmental Affairs of the
Senate, and other committees with jurisdiction. The implementation bill
introduced in the House of Representatives shall be referred
concurrently to the Committee on Government Operations of the House of
Representatives, and other committees with jurisdiction.
(c) Discharge.--If the committee to which an implementation bill is
referred has not reported such bill by the end of the 15 session day
period beginning on the date of introduction of such bill, such
committee shall be, at the end of such period, discharged from further
consideration of such bill, and such bill shall be placed on the
appropriate calendar of the House involved.
(d) Consideration.--(1) On or after the fifth session day after the
date on which the committee to which such a bill is referred has
reported, or has been discharged (under subsection (c)) from further
consideration of, such a bill, it is in order (even though a previous
motion to the same effect has been disagreed to) for any Member of the
respective House to move to proceed to the consideration of the
implementation bill (but only on the day after the calendar day on
which such Member announces to the House concerned the Member's
intention to do so). All points of order against the implementation
bill (and against consideration of the implementation bill) are waived.
The motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the
implementation bill is agreed to, the respective House shall
immediately proceed to consideration of the implementation bill without
intervening motion, order, or other business, and the implementation
bill shall remain the unfinished business of the respective House until
disposed of.
(2) Debate on the implementation bill, and on all debatable motions
and appeals in connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the Majority Leader
and the Minority Leader or their designees. An amendment to the
implementation bill is not in order. A motion further to limit debate
is in order and not debatable. A motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to recommit
the implementation bill is not in order. A motion to reconsider the
vote by which the implementation bill is agreed to or disagreed to is
not in order.
(3) Immediately following the conclusion of the debate on an
implementation bill and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the appropriate
House, the vote on final passage of the implementation bill shall
occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to an implementation bill
shall be decided without debate.
(e) Consideration by Other House.--(1) If, before the passage by
one House of an implementation bill of that House described in
subsection (a), that House receives from the other House an
implementation bill described in subsection (a), then the following
procedures shall apply:
(A) The implementation bill of the other House shall not be
referred to a committee and may not be considered in the House
receiving it except in the case of final passage as provided in
subparagraph (B)(ii).
(B) With respect to an implementation bill described in
subsection (a) of the House receiving such bill--
(i) the procedure in that House shall be the same
as if no implementation bill had been received from the
other House; but
(ii) the vote on final passage shall be on the
implementation bill of the other House, except that if
the implementation bill is a bill for the raising of
revenue, the vote of final passage shall be upon the
implementation bill which originates in the House of
Representatives.
(2) Upon disposition of the implementation bill received from the
other House, it shall no longer be in order to consider the
implementation bill that originated in the receiving House.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 6. DISTRIBUTION OF ASSETS.
Any proceeds from the sale of assets of any department or agency
resulting from the enactment of an Act under section 5 shall be--
(1) applied to reduce the Federal deficit; and
(2) deposited in the Treasury and treated as general
receipts.
SEC. 7. ADDITIONAL APPROPRIATIONS BASED ON AGENCY SAVINGS.
It is the sense of the Congress that--
(1) in the fiscal year immediately following a
recommendation submitted under section 4(a)(1) there should be
appropriated to each agency an amount no less than 25 percent
of the amount of the estimate of administrative savings
determined under section 4(a)(2) applicable to such agency in
the 3 fiscal years following the submission of the
recommendation; and
(2) the appropriated amount described under paragraph (1)
should be--
(A) appropriated funds in addition to funds which
would otherwise be appropriated to such agency if not
for the provisions of this Act; and
(B) made available for expenditure at the
discretion of the head of such agency to improve such
agency's management, efficiency, or productivity.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to
carry out the provisions of this Act.
S 1187 IS----2 | Civilian Facilities Closure and Realignment Act of 1993 - Establishes the Civilian Facilities Closure and Realignment Commission.
Requires the heads of executive agencies (except for the Secretary of Defense) to submit recommendations for closing or realigning civilian facilities to the Commission. Directs the Office of Management and Budget to submit estimates of the administrative costs and savings that would result from the implementation of such recommendations to the Commission.
Requires the Commission to report its recommendations for closures and realignments of Federal facilities and proposed legislation to the President. Provides for presidential approval of the report.
Sets forth procedures for congressional consideration of the proposed legislation.
Requires proceeds from the sale of any agency's assets resulting from closures or realignments to be applied to reduce the Federal deficit and deposited in the Treasury and treated as general receipts.
Expresses the sense of the Congress that: (1) in the fiscal year immediately following the submission of an agency's recommendation, there should be appropriated to each agency at least 25 percent of the amount of estimated administrative savings applicable to such agency in the three fiscal years following such submission; and (2) the appropriated amount should be in addition to funds which would otherwise be appropriated if not for this Act and made available for expenditure to improve the agency's management, efficiency, or productivity.
Authorizes appropriations. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Data Offshoring Protection
Act of 2004''.
SEC. 2. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Business enterprise.--The term ``business enterprise''
means any organization, association, or venture established to
make a profit, or any private, nonprofit organization that
collects or retains personally identifiable information.
(2) Country with adequate privacy protection.--The term
``country with adequate privacy protection'' means a country
that has been certified by the Federal Trade Commission as
having a legal system that provides adequate privacy protection
for personally identifiable information.
(3) Personally identifiable information.--The term
``personally identifiable information'' includes information
such as--
(A) name;
(B) postal address;
(C) financial information;
(D) medical records;
(E) date of birth;
(F) phone number;
(G) e-mail address;
(H) social security number;
(I) mother's maiden name;
(J) password;
(K) state identification information;
(L) driver's license number;
(M) personal tax information; and
(N) any consumer transactional or experiential
information relating to the person.
(4) Transmit.--The term ``transmit'' or ``transmission''
means the use of any instrumentality of interstate commerce,
including the mails or any electronic means, to transfer
information or to provide access to such information via the
Internet or any comparable telecommunications system.
SEC. 3. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM
UNAUTHORIZED TRANSMISSION.
(a) In General.--A business enterprise may transmit personally
identifiable information regarding a citizen of the United States to
any foreign affiliate or subcontractor located in a country that is a
country with adequate privacy protection, provided that the citizen has
been provided prior notice that such information may be transmitted to
such a foreign affiliate or subcontractor and has not objected to such
transmission.
(b) ``Opt-In'' Consent Required for Countries Without Adequate
Privacy Protection.--A business enterprise may not transmit personally
identifiable information regarding a citizen of the United States to
any foreign affiliate or subcontractor located in a country that is a
country without adequate privacy protection unless--
(1) the business enterprise discloses to the citizen that
the country to which the information will be transmitted does
not have adequate privacy protection;
(2) the business enterprise obtains consent from the
citizen, before a consumer relationship is established or
before the effective date of this Act, to transmit such
information to such foreign affiliate or subcontractor; and
(3) the consent referred to in paragraph (2) is renewed by
the citizen within 1 year before such information is
transmitted.
(c) Prohibition on Refusal to Provide Services.--A business
enterprise shall not deny the provision of any good or service to, nor
change the terms of or refuse to enter into a business relationship
with any person based upon that person's exercise of the consent rights
provided for in this Act or in any other applicable law.
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair and 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) Enforcement Authority.--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.
SEC. 5. CIVIL REMEDIES.
(a) Private Right of Action.--A person or entity may, if otherwise
permitted by the laws or rules of court of a State, bring in an
appropriate court of that State--
(1) an action based on a violation of this Act or the
regulations prescribed pursuant to this Act to enjoin such
violation;
(2) an action to recover for actual monetary loss from such
a violation, or to receive $10,000 in damages for each such
violation, whichever is greater, or
(3) both such actions.
If the court finds that the defendant willfully or knowingly violated
this subsection or the regulations prescribed under this subsection,
the court may, in its discretion, increase the amount of the award to
an amount equal to not more than 3 times the amount available under
paragraph (2).
(b) Actions by States.--
(1) Authority of states.--Whenever the attorney general of
a State, or an official or agency designated by a State, has
reason to believe that any person has engaged or is engaging in
a violation of this Act or the regulations prescribed pursuant
to this Act, the State may bring a civil action on behalf of
its residents to enjoin such violation, an action to recover
for actual monetary loss or receive $10,000 in damages for each
violation, or both such actions. If the court finds the
defendant willfully or knowingly violated this Act or
regulations prescribed pursuant to this Act, the court may, in
its discretion, increase the amount of the award to an amount
equal to not more than 3 times the amount available under the
preceding sentence.
(2) Exclusive jurisdiction of federal courts.--The district
courts of the United States, the United States courts of any
territory, and the District Court of the United States for the
District of Columbia shall have exclusive jurisdiction over all
civil actions brought under this subsection. Upon proper
application, such courts shall also have jurisdiction to issue
writs of mandamus, or orders affording like relief, commanding
the defendant to comply with the provisions of this Act or
regulations prescribed pursuant to this Act, including the
requirement that the defendant take such action as is necessary
to remove the danger of such violation. Upon a proper showing,
a permanent or temporary injunction or restraining order shall
be granted without bond.
(3) Notice to an intervention of federal trade
commission.--The State bringing a civil action under this
section shall serve prior written notice of any such civil
action upon the Federal Trade Commission and provide the
Commission with a copy of its complaint, except in any case
where such prior notice is not feasible, in which case the
State shall serve such notice immediately upon instituting such
action. The Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein; and
(C) to file petitions for appeal.
(4) Venue; service of process.--Any civil action brought
under this subsection in a district court of the United States
may be brought in the district wherein the defendant is found
or is an inhabitant or transacts business or wherein the
violation occurred or is occurring, and process in such cases
may be served in any district in which the defendant is an
inhabitant or where the defendant may be found.
(5) Investigatory powers.--For purposes of bringing any
civil action under this subsection, nothing in this Act shall
prevent the attorney general of a State, or an official or
agency designated by a State, from exercising the powers
conferred on the attorney general or such official by the laws
of such State to conduct investigations or to administer oaths
or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
(6) Effect on state court proceedings.--Nothing contained
in this section shall be construed to prohibit an authorized
State official from proceeding in State court on the basis of
an alleged violation of any general civil or criminal statute
of such State.
(7) Limitation.--Whenever the Federal Trade Commission has
instituted a civil action for violation of this Act or the
regulations prescribed pursuant to this Act, no State may,
during the pendency of such action instituted by the
Commission, subsequently institute a civil action against any
defendant named in the Commission's complaint for any violation
as alleged in the Commission's complaint.
SEC. 6. CERTIFICATION OF COUNTRIES WITH ADEQUATE PRIVACY PROTECTION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Federal Trade Commission, after providing
notice and opportunity for public comment, shall--
(1) certify those countries that have legal systems that
provide adequate privacy protection for personally identifiable
information; and
(2) make the list of countries certified under paragraph
(1) available to the general public.
(b) Certification Criteria.--
(1) In general.--In determining whether a country should be
certified under this section, the Federal Trade Commission
shall consider the adequacy of the country's infrastructure for
detecting, evaluating, and responding to privacy violations.
(2) Presumption.--The Commission shall presume that a
country's privacy protections are inadequate if they are any
less protective of personally identifiable information than
those afforded under Federal law or under the laws of any
State, or if the Commission determines that such country's laws
are not adequately enforced.
(c) European Union Date Protection Directive.--A country that has
comprehensive privacy laws that meet the requirements of the European
Union Data Protection Directive shall be certified under this section
unless the Federal Trade Commission determines that such laws are not
commonly enforced within such country.
SEC. 7. EFFECTIVE DATE.
Section 6 of this Act shall take effect on the date of enactment of
this Act. Sections 2 through 5 of this Act shall take effect 60 days
after the the completion of the certification required by section 6. | Personal Data Offshoring Protection Act of 2004 - Requires business enterprises to give U.S. citizens notice before transmitting personally identifiable information about such citizens to foreign affiliates or subcontractors located in countries with adequate privacy protections. Prohibits such transmittal where adequate privacy protections are lacking, unless: (1) the business enterprise discloses the lack of protections and obtains the citizen's prior consent for transmittal; and (2) such consent is renewed by the citizen within one year before the transmittal.
Prohibits business entities from denying goods and services or modifying business terms for any person based on that person's exercise of consent rights provided by this Act or other law.
Requires violations of this Act to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.
Creates a private right of action in State court for violations of this Act. Authorizes States, on behalf of their residents, to bring civil actions in Federal court for such violations. Requires prior notice to the Federal Trade Commission (FTC) of State actions and authorizes the FTC's intervention and appeal.
Directs the FTC to certify those countries that have legal systems providing adequate privacy protections. Creates a presumption of inadequacy for foreign laws that are less protective of privacy than Federal law or the law of any State, or where the FTC determines that enforcement is lacking. Requires certification of countries whose laws meet the requirements of the European Union Data Protection Directive, unless such laws are not adequately enforced. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pitkin County Land Exchange Act of
2006''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize, direct, expedite, and
facilitate the exchange of land between the United States, Pitkin
County, Colorado, and the Aspen Valley Land Trust.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aspen valley land trust.--
(A) In general.--The term ``Aspen Valley Land Trust'' means
the Aspen Valley Land Trust, a nonprofit organization as
described in section 501(c)(3) of the Internal Revenue Code of
1986.
(B) Inclusions.--The term ``Aspen Valley Land Trust''
includes any successor, heir, or assign of the Aspen Valley
Land Trust.
(2) County.--The term ``County'' means Pitkin County, a
political subdivision of the State of Colorado.
(3) Federal land.--The term ``Federal land'' means--
(A) the approximately 5.5 acres of National Forest System
land located in the County, as generally depicted on the map
entitled ``Ryan Land Exchange-Wildwood Parcel Conveyance to
Pitkin County'' and dated August 2004;
(B) the 12 parcels of National Forest System land located
in the County totaling approximately 5.92 acres, as generally
depicted on maps 1 and 2 entitled ``Ryan Land Exchange-Smuggler
Mountain Patent Remnants Conveyance to Pitkin County'' and
dated August 2004; and
(C) the approximately 40 acres of Bureau of Land Management
land located in the County, as generally depicted on the map
entitled ``Ryan Land Exchange-Crystal River Parcel Conveyance
to Pitkin County'' and dated August 2004.
(4) Non-federal land.--The term ``non-Federal land'' means--
(A) the approximately 35 acres of non-Federal land in the
County, as generally depicted on the map entitled ``Ryan Land
Exchange-Ryan Property Conveyance to Forest Service'' and dated
August 2004; and
(B) the approximately 18.2 acres of non-Federal land
located on Smuggler Mountain in the County, as generally
depicted on the map entitled ``Ryan Land Exchange-Smuggler
Mountain-Grand Turk & Pontiac Claims Conveyance to Forest
Service'' and dated August 2004.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. LAND EXCHANGE.
(a) In General.--If the County offers to convey to the United
States title to the non-Federal land that is acceptable to the
Secretary, the Secretary and the Secretary of the Interior shall--
(1) accept the offer; and
(2) on receipt of acceptable title to the non-Federal land,
simultaneously convey to the County, or at the request of the
County, to the Aspen Valley Land Trust, all right, title, and
interest of the United States in and to the Federal land, except as
provided in section 5(d), subject to all valid existing rights and
encumbrances.
(b) Timing.--It is the intent of Congress that the land exchange
directed by this Act shall be completed not later than 1 year after the
date of enactment of this Act.
SEC. 5. EXCHANGE TERMS AND CONDITIONS.
(a) Equal Value Exchange.--The value of the Federal land and non-
Federal land--
(1) shall be equal; or
(2) shall be made equal in accordance with subsection (c).
(b) Appraisals.--The value of the Federal land and non-Federal land
shall be determined by the Secretary through appraisals conducted in
accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal Practice;
and
(3) Forest Service appraisal instructions.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--If the final appraised value
of the non-Federal land exceeds the final appraised value of the
Federal land, the County shall donate to the United States the
excess value of the non-Federal land, which shall be considered to
be a donation for all purposes of law.
(2) Surplus of federal land.--
(A) In general.--If the final appraised value of the
Federal land exceeds the final appraised value of the non-
Federal land, the value of the Federal land and non-Federal
land may, as the Secretary and the County determine to be
appropriate, be equalized by the County--
(i) making a cash equalization payment to the
Secretary;
(ii) conveying to the Secretary certain land located in
the County, comprising approximately 160 acres, as
generally depicted on the map entitled ``Sellar Park
Parcel'' and dated August 2004; or
(iii) using a combination of the methods described in
clauses (i) and (ii).
(B) Disposition and use of proceeds.--
(i) Disposition of proceeds.--Any cash equalization
payment received by the Secretary under clause (i) or (iii)
of subparagraph (A) shall be deposited in the fund
established by Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(ii) Use of proceeds.--Amounts deposited under clause
(i) shall be available to the Secretary, without further
appropriation, for the acquisition of land or interests in
land in Colorado for addition to the National Forest
System.
(d) Conditions on Certain Conveyances.--
(1) Conditions on conveyance of crystal river parcel.--
(A) In general.--As a condition of the conveyance of the
parcel of Federal land described in section 3(3)(C) to the
County, the County shall agree to--
(i) provide for public access to the parcel; and
(ii) require that the parcel shall be used only for
recreational, fish and wildlife conservation, and public
open space purposes.
(B) Reversion.--At the option of the Secretary of the
Interior, the parcel of land described in section 3(3)(C) shall
revert to the United States if the parcel is used for a purpose
other than a purpose described in subparagraph (A)(ii).
(2) Conditions on conveyance of wildwood parcel.--In the deed
of conveyance for the parcel of Federal land described in section
3(3)(A) to the County, the Secretary shall, as determined to be
appropriate by the Secretary, in consultation with the County,
reserve to the United States a permanent easement for the location,
construction, and public use of the East of Aspen Trail.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Incorporation, Management, and Status of Acquired Land.--
(1) In general.--Land acquired by the Secretary under this Act
shall become part of the White River National Forest.
(2) Management.--On acquisition, land acquired by the Secretary
under this Act shall be administered in accordance with the laws
(including rules and regulations) generally applicable to the
National Forest System.
(3) Land and water conservation fund.--For purposes of section
7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-9), the boundaries of the White River National Forest shall be
deemed to be the boundaries of the White River National Forest as
of January 1, 1965.
(b) Revocation of Orders and Withdrawal.--
(1) Revocation of orders.--Any public orders withdrawing any of
the Federal land from appropriation or disposal under the public
land laws are revoked to the extent necessary to permit disposal of
the Federal land.
(2) Withdrawal of federal land.--On the date of enactment of
this Act, if not already withdrawn or segregated from entry and
appropriation under the public land laws (including the mining and
mineral leasing laws) and the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.), the Federal land is withdrawn, subject to
valid existing rights, until the date of the conveyance of the
Federal land to the County.
(3) Withdrawal of non-federal land.--On acquisition of the non-
Federal land by the Secretary, the non-Federal land is permanently
withdrawn from all forms of appropriation and disposal under the
public land laws (including the mining and mineral leasing laws)
and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
(c) Boundary Adjustments.--The Secretary, the Secretary of the
Interior, and the County may agree to--
(1) minor adjustments to the boundaries of the parcels of
Federal land and non-Federal land; and
(2) modifications or deletions of parcels and mining claim
remnants of Federal land or non-Federal land to be exchanged on
Smuggler Mountain.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Pitkin County Land Exchange Act of 2006 - (Sec. 4) Directs the Secretary of Agriculture (the Secretary) and the Secretary of the Interior, upon receipt of title to certain lands located in Pitkin County, Colorado, and certain lands located on Smuggler Mountain in the County (the non-federal lands), to convey to the County or to the Aspen Valley Land Trust, if the County so requests, all right, title, and interest of the United States in and to certain National Forest and Bureau of Land Management lands located in the County (the federal lands).
(Sec. 5) Requires the values of the lands exchanged to be equal or to be made equal.
Sets forth exchange terms and conditions for: (1) the appraisal of such lands; (2) the equalization of the values of such lands, including by a cash equalization payment made by the County and/or conveyance of the Sellar Park land parcel to the Secretary; and (3) the disposition and use of the proceeds received by the Secretary from any such payment.
Requires the County, as a condition of the conveyance of the Crystal River parcel to the County, to agree to: (1) provide public access to the parcel; and (2) require that the parcel be used only for recreational, fish, and wildlife conservation, and public open space purposes. Requires the Secretary to reserve to the United States a permanent easement to the Wildwood parcel for the location, construction, and public use of the East of Aspen Trail.
(Sec. 6) States that lands acquired by the Secretary pursuant to this Act shall become part of White River National Forest. Withdraws the non-federal land permanently from all forms of appropriation and disposal under the public land laws, including mining and mineral leasing laws and the Geothermal Steam Act of 1970.
Allows the Secretary, the Secretary of the Interior, and the County to agree to: (1) minor adjustments to the boundaries of the federal and non-federal lands; and (2) modifications or deletions of parcels and mining claim remnants of federal land or non-federal land to be exchanged on Smuggler Mountain. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tools for Community Initiatives
Act''.
SEC. 2. ESTABLISHMENT.
There is established in the Executive Office of the President the
Office of Faith-Based and Community Initiatives (hereafter referred to
as ``the Office'').
SEC. 3. DIRECTOR.
(a) Director.--The head of the Office shall be the Director of the
Office of Faith-Based and Community Initiatives, who shall be appointed
by the President.
(b) Pay of Director.--Section 5314 of title 5, United States Code,
is amended by inserting after the item relating to the Administrator of
the Centers for Medicare & Medicaid Services the following new item:
``Director of the Office of Faith-Based and Community
Initiatives.''.
(c) Interim Director.--The individual serving as the Director of
the Office of Faith-Based and Community Initiatives on the date of the
enactment of this Act may serve as Interim Director until such time as
a Director is appointed by the President in accordance with subsection
(a).
SEC. 4. RESPONSIBILITIES.
(a) In General.--The Director shall encourage faith-based and
community initiatives and work to eliminate improper Federal barriers
so as to allow faith-based and community entities to compete for
Federal funding to the fullest opportunity permitted by law.
(b) Specific Duties.--In carrying out the responsibilities of the
Office, the Director shall--
(1) develop, lead, and coordinate policies with respect to
faith-based and community initiatives;
(2) support faith-based and community initiatives,
especially those serving at-risk youth, ex-offenders, the
homeless and hungry, substance abusers, those with HIV and
AIDS, and welfare-to-work families;
(3) work to expand the role of faith-based and community
initiatives through executive action, legislation, regulation,
and Federal and private funding;
(4) ensure that the policy decisions made by the
administration and the Federal Government are consistent with
stated goals with respect to faith-based and community
initiatives;
(5) help to integrate policies affecting faith-based and
other community organizations across the Federal Government;
(6) coordinate public education activities designed to
mobilize public support for faith-based and community
initiatives by encouraging volunteerism, special projects,
demonstration pilots, and public-private partnerships;
(7) encourage private charitable giving to support faith-
based and community initiatives;
(8) advise the President on options and ideas to assist,
strengthen, and replicate successful faith-based and community
initiatives;
(9) provide policy and legal education to State, local, and
community policymakers and public officials seeking ways to
support and encourage faith-based and community initiatives;
(10) develop and implement strategic initiatives in keeping
with policies that will strengthen families, communities, and
the institutions of civil society;
(11) showcase and herald innovative grassroots nonprofit
organizations and civic initiatives;
(12) work to eliminate unnecessary legislative and
regulatory barriers which impede the efforts of faith-based and
community initiatives to solve social problems;
(13) monitor the implementation of policies with respect to
faith-based and community initiatives by the Centers for Faith-
Based and Community Initiatives established within certain
departments and agencies of the Federal Government; and
(14) work to establish high standards of excellence and
accountability for faith-based and community initiatives.
SEC. 5. ADMINISTRATION.
(a) Officers.--The President shall assign to the Office such
officers in addition to the Director, if any, as the President, in
consultation with the Director, considers appropriate to discharge the
responsibilities of the Office.
(b) Staff.--The Director may appoint such employees as necessary to
carry out the functions of the Office.
(c) Resources.--The President shall, in consultation with the
Director, assign or allocate to the Office such resources, including
funds and other resources, as the President considers appropriate in
order to facilitate the discharge of the responsibilities of the
Office.
(d) Other Departments and Agencies.--
(1) Designated department or agency liaison.--
(A) In general.--The head of each designated
department or agency shall designate a liaison who
shall be responsible for coordinating the activities of
that department or agency with the Office.
(B) Designated department or agency.--For the
purposes of this paragraph, ``designated department or
agency'' means a department or agency of the Federal
Government with a Center for Faith-Based and Community
Initiatives, and shall include the following
departments and agencies:
(i) The Department of Education.
(ii) The Department of Labor.
(iii) The Department of Justice.
(iv) The Department of Health and Human
Services.
(v) The Department of Housing and Urban
Development.
(vi) The Department of Agriculture.
(vii) The Agency for International
Development.
(viii) The Department of Commerce.
(ix) The Department of Veterans Affairs.
(x) The Small Business Administration.
(2) Obtaining official data.--The Office may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Director, the head of that department or agency
shall furnish that information to the Office. | Tools for Community Initiatives Act - Establishes the Office of Faith-Based and Community Initiatives (the Office) in the Executive Office of the President. Requires the Director of the Office to encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law, including by: (1) developing, leading, and coordinating policies with respect to such initiatives; (2) coordinating public education activities designed to mobilize public support for such initiatives; (3) advising the President on options and ideas to assist, strengthen, and replicate successful initiatives; (4) developing and implementing strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; and (5) working to eliminate unnecessary legislative and regulatory barriers which impede the efforts of such initiatives to solve social problems.
Requires the heads of the Departments of Education, Labor, Justice, Health and Human Services, Housing and Urban Development, Agriculture, Commerce, and Veteran Affairs, the Agency for International Development, and the Small Business Administration to designate a liaison to coordinate the activities of the department or agency with the Office. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Affordability Tax Relief
Act of 2008'' or the ``HEATR Act of 2008''.
SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to the lesser of--
``(1) 33 percent of the amount of the taxpayer's
residential energy costs for such taxable year, or
``(2) $500.
``(b) Income Limitation.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for any taxable year shall be reduced (but not
below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph) as--
``(A) the amount (if any) by which the taxpayer's
adjusted gross income exceeds $50,000 (twice such
amount in the case of a joint return), bears to
``(B) $10,000.
``(2) Determination of adjusted gross income.--For purposes
of paragraph (1), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy costs.--The term `residential
energy costs' means the amount paid or incurred by the taxpayer
during the taxable year--
``(A) to any utility for electricity or natural gas
used in the principal residence of the taxpayer during
the heating season, and
``(B) for any qualified fuel for use in the
principal residence of the taxpayer but only if such
fuel is the primary fuel for heating such residence.
``(2) Principal residence.--
``(A) In general.--The term `principal residence'
has the meaning given to such term by section 121;
except that no ownership requirement shall be imposed.
``(B) Special rules.--Such term shall not include--
``(i) any residence located outside the
United States, and
``(ii) any residence not used as the
taxpayer's principal place of abode throughout
the heating season.
``(3) Heating season.--The term `heating season' means
October, November, December, January, February, and March.
``(4) Qualified fuel.--The term `qualified fuel' includes
propane, heating oil, kerosene, wood, and wood pellets.
``(d) Other Special Rules.--
``(1) Individuals paying on level payment basis.--Amounts
paid for natural gas under a level payment plan for any period
shall be treated as paid for natural gas used during the
portion (if any) of the heating season during such period to
the extent of the amount charged for natural gas used during
such portion of the heating season. A similar rule shall apply
to electricity and any qualified fuel.
``(2) Homeowners associations, etc.--The application of
this section to homeowners associations (as defined in section
528(c)(1)) or members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined in
section 216), shall be allowed by allocation, apportionment, or
otherwise, to the individuals paying, directly or indirectly,
for the residential energy cost so incurred.
``(3) Dollar amount in case of joint occupancy.--In the
case of a dwelling unit which is the principal residence by 2
or more individuals, the dollar limitation under subsection
(a)(2) shall be allocated among such individuals under
regulations prescribed by the Secretary.
``(4) Treatment as refundable credit.--For purposes of this
title, the credit allowed by this section shall be treated as a
credit allowed under subpart C of part IV of subchapter A of
chapter 1 (relating to refundable credits).
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in 2009, each of the dollar amounts contained in
subsections (a)(2) and (b)(1)(A) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) in the case of--
``(i) the dollar amount contained in
subsection (a)(2), the fuel price inflation
adjustment for 2009, and
``(ii) the dollar amount contained in
subsection (b)(1)(A), the cost-of-living
adjustment determined under section 1(f)(3) for
2009 by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B)
thereof.
``(2) Fuel price inflation adjustment.--For purposes of
paragraph (1)(B)(i)--
``(A) In general.--The fuel price inflation
adjustment for 2009 is the percentage (if any) by
which--
``(i) the CPI fuel component for October of
2008, exceeds
``(ii) the CPI fuel component for October
of 2007.
``(B) CPI fuel component.--The term `CPI fuel
component' means the fuel component of the Consumer
Price Index for All Urban Consumers published by the
Department of Labor.
``(3) Rounding.--
``(A) Credit amount.--
``(i) Credit amount.--If the dollar amount
in subsection (a)(2) (after being increased
under paragraph (1)), is not a multiple of $10,
such dollar amount shall be rounded to the
nearest multiple of $10.
``(ii) Income threshold.--If the dollar
amount in subsection (b)(1)(A) (after being
increased under paragraph (1)), is not a
multiple of $50, such dollar amount shall be
rounded to the next lowest multiple of $50.
``(f) Application of Section.--This section shall apply to
residential energy costs paid or incurred after the date of the
enactment of this section, in taxable years ending after such date, and
before January 1, 2010.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or 6428 or'' and
inserting ``, 6428, 6431, or''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6431. Refundable credit for residential energy costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Home Energy Affordability Tax Relief Act of 2008 or the HEATR Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based refundable tax credit for residential energy costs. Limits such credit to the lesser of 33% of such costs or $500. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wartime Parity and Justice Act of
2000''.
SEC. 2. ELIGIBILITY OF CERTAIN INDIVIDUALS UNDER CIVIL LIBERTIES ACT OF
1988.
(a) Eligibility.--For purposes of the Civil Liberties Act of 1988
(50 U.S.C. App. 1989 and following), the following individuals shall be
deemed to be eligible individuals:
(1) An individual who--
(A) is of Japanese ancestry, or is the spouse or
parent of an individual of Japanese ancestry;
(B) was brought forcibly to the United States from
a country in Central America or South America during
the evacuation, relocation, and internment period;
(C) was living on August 10, 1988;
(D) otherwise meets the requirements of
subparagraph (B)(i) of section 108(2) of the Civil
Liberties Act of 1988 (50 U.S.C. App. 1989b-
7(2)(B)(i)); and
(E) subject to section 4(f) of this Act, has not
otherwise received payment under the Civil Liberties
Act of 1988.
(2) An individual who was an eligible individual under the
Civil Liberties Act of 1988 before the enactment of this Act
and who was eligible for, but did not receive, payment under
that Act prior to the termination of the Civil Liberties Public
Education Fund under section 104(d) of that Act.
(3) An individual who--
(A) was born to an eligible individual under the
Civil Liberties Act of 1988 during the period beginning
on January 20, 1945, and ending on February 29, 1948,
at a place in which the eligible individual was
confined, held in custody, relocated, or otherwise
located during the evacuation, relocation, or
internment period; and
(B) was living on August 10, 1988.
(4)(A) An individual of Japanese ancestry who, during the
evacuation, relocation, or internment period--
(i) was a United States citizen or a permanent
resident alien;
(ii) whose employment with a railroad or mining
company was terminated on account of the individual's
Japanese ancestry; and
(iii) was living on August 10, 1988.
(B) An individual who--
(i) during the evacuation, relocation, or
internment period, was a dependent child of an
individual described in subparagraph (A); and
(ii) was living on August 10, 1988.
(5) An individual of Japanese ancestry who--
(A) meets the requirements of paragraph (2) of
section 108(2) of the Civil Liberties Act of 1988,
other than subparagraph (A) of that paragraph; and
(B) was legally in the United States during the
evacuation, relocation, or internment period but was
made ineligible for United States citizenship or
permanent residence status by law enacted prior
thereto, on account of the individual's Japanese
ancestry.
(b) Prisoner Exchanges.--An individual shall not be precluded from
being an eligible individual under subsection (a) if that individual
was sent by the United States to Japan or territories occupied by Japan
at any time during the period beginning on December 7, 1941, and ending
on September 2, 1945, in exchange for prisoners held by Japan.
SEC. 3. APOLOGY OF THE UNITED STATES.
The United States apologizes to those individuals described in
section 2(a) for the fundamental violations of their basic civil
liberties and constitutional rights committed during the evacuation,
relocation, or internment period. The President should transmit to each
such individual a personal letter of apology on behalf of the United
States.
SEC. 4. PROCEDURES.
(a) Applicability of Provisions of the Civil Liberties Act.--Except
as otherwise provided in this section, the provisions of section 105 of
the Civil Liberties Act of 1988 shall apply with respect to eligible
individuals under section 2 of this Act.
(b) Responsibilities of the Attorney General.--The Attorney General
shall have the responsibility to identify and locate, without requiring
any application for payment and using records already in possession of
the United States Government, eligible individuals under section 2,
within 12 months after the date of the enactment of this Act. Failure
to be identified and located within that 12-month period shall not
preclude an eligible individual under section 2 from receiving payment
under the Civil Liberties Act of 1988.
(c) Notification by Eligible Individuals.--Any eligible individual
under section 2 may notify the Attorney General that the individual is
an eligible individual, and may provide documentation therefor, within
6 years after the date of the enactment of this Act.
(d) Determination of Eligibility.--The Attorney General shall make
a final determination of eligibility of individuals under section 2 not
later than 1 year after locating the individual pursuant to subsection
(b) or receiving notification from an individual pursuant to subsection
(c), as the case may be.
(e) Judicial Review.--An individual seeking payment of compensation
under the Civil Liberties Act of 1988 as an eligible individual under
section 2 may seek judicial review of a denial of compensation in an
appropriate district court of the United States or the United States
Court of Federal Claims within 6 years after the date of the denial.
(f) Payments From Court Cases.--Notwithstanding section 2(a)(1)(E)
of this Act and paragraph (7) of section 105(a) of the Civil Liberties
Act of 1988, an individual described in subparagraphs (A) through (D)
of section 2(a)(1) of this Act, or any surviving spouse, child, or
parent of such individual to whom section 105(a)(8) of the Civil
Liberties Act of 1988 applies, who has accepted payment, before the
enactment of this Act, pursuant to an award of a final judgment or a
settlement on a claim against the United States for acts described in
section 108(2)(B) of the Civil Liberties Act of 1988 or section
2(a)(1)(B) of this Act, may receive payment under the Civil Liberties
Act of 1988, except that any amount payable to such individual, spouse,
child, or parent under section 105(a)(1) of that Act shall be reduced
by the amount of any payment received pursuant to such final judgment
or settlement.
SEC. 5. CORRECTION OF IMMIGRATION STATUS.
Those individuals described in paragraph (1) of section 2(a) shall
not be considered to have been present in the United States unlawfully
during the evacuation, relocation, or internment period. Each
department or agency of the United States shall take the necessary
steps to correct any records over which that department or agency has
jurisdiction that indicate that such individuals were in the United
States unlawfully during such period.
SEC. 6. FULL DISCLOSURE OF INFORMATION.
(a) Public Disclosure of Information.--The appropriate departments
and agencies of the United States shall disclose to the public all
information (other than information which may not be disclosed under
other provisions of law) relating to the forcible removal of
individuals from Central and South America during the evacuation,
relocation, or internment period and the internment of those
individuals in the United States during that period, including
information on individuals whose location is unknown.
(b) Sharing of Information With Other Countries.--The President
shall take the necessary steps to share information described in
subsection (a) with other countries and encourage those countries to
make that information available to people in those countries.
SEC. 7. TRUST FUND.
(a) Reestablishment of Fund.--The Civil Liberties Public Education
Fund (in this Act referred to as the ``Fund'') is reestablished in the
Treasury of the United States, and shall be administered by the
Secretary of the Treasury.
(b) Investment of Amounts in the Fund.--Amounts in the Fund shall
be invested in accordance with section 9702 of title 31, United States
Code.
(c) Uses of the Fund.--Amounts in the Fund shall be available
only--
(1) for disbursement of payments by the Attorney General,
under section 105 of the Civil Liberties Act of 1988 and this
Act, to eligible individuals under section 2 of this Act; and
(2) for disbursement by the Board of Directors of the Fund
under section 8 of this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund--
(1) such sums as may be necessary to carry out paragraph
(1) of subsection (b); and
(2) $45,000,000 for disbursements by the Board of Directors
of the Fund under section 8.
SEC. 8. BOARD OF DIRECTORS OF THE FUND.
(a) Establishment.--There is established the Civil Liberties Public
Education Fund Board of Directors, which shall be responsible for
making disbursements from the Fund in the manner provided in this
section.
(b) Uses of the Fund.--The Board may make disbursements from the
Fund only--
(1) to sponsor research and public education activities so
that events surrounding the evacuation, relocation, and
internment of individuals of Japanese ancestry will be
remembered, and so that the causes and circumstances of this
and similar events may be illuminated and understood; and
(2) for reasonable administrative expenses of the Board,
including compensation and expenses of the members and staff of
the Board and payment for administrative support services.
(c) Membership, Staff, Etc.--The provisions of subsections (c),
(d), (e), (f), and (g) of section 106 of the Civil Liberties Act of
1988 (50 U.S.C. App. 1989b-5 (c), (d), (e), (f), and (g)) shall apply
to the Board of the Fund to the same extent as they applied to the
Board established under that section.
SEC. 9. DEFINITIONS.
In this Act, the terms ``evacuation, relocation, or internment
period'' and ``permanent resident alien'' have the meanings given those
terms in section 108 of the Civil Liberties Act of 1988 (50 U.S.C. App.
1989b-7). | (Sec. 3) Declares that the United States apologizes to such individuals for the fundamental violations of their basic civil liberties and constitutional rights. Urges the President to transmit to each such individual a personal letter of apology on behalf of the United States.
(Sec. 4) Places upon the Attorney General responsibility to identify and locate eligible individuals under this Act within 12 months. Authorizes any eligible individual to notify the Attorney General that the individual is eligible and provide documentation to that effect within six years. Directs the Attorney General to make a final determination of eligibility within one year after locating or receiving notification from an individual.
Authorizes judicial review of a denial of compensation. Permits an individual covered by this Act who has accepted payment on a related claim against the United States before this Act's enactment to receive an appropriately reduced payment under this Act.
(Sec. 5) Directs that: (1) individuals covered by this Act not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period; and (2) each U.S. department or agency correct any records that indicate that such individuals were in the United States unlawfully.
(Sec. 6) Directs: (1) the appropriate agencies to disclose to the public all information relating to the forcible removal of individuals from Latin America and their internment in the United States during that period; and (2) the President to share such information with other countries and to encourage those countries to make that information available to people in those countries.
(Sec. 7) Reestablishes in the Treasury the Civil Liberties Public Education Fund to be available for such restitution.
(Sec. 8) Establishes the Civil Liberties Public Education Fund Board of Directors which shall be responsible for making disbursements from the Fund: (1) to sponsor research and public education activities; and (2) for reasonable administrative expenses. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Officer Screening
Improvement Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Integrated Automated Fingerprint Identification
System of the Federal Bureau of Investigation maintains
fingerprints and criminal history records on more than
71,000,000 individuals.
(2) Congress has worked with the States to make criminal
history background checks available to employers of private
security officers through the Private Security Officer
Employment Authorization Act of 2004 (28 U.S.C. 534 note) and
statutes enacted by dozens of States in compliance with Public
Law 92-544. However, there are still numerous persons employed
as private security officers, entrusted to safeguard and
protect people and property, who do not undergo criminal
history background checks authorized by Federal and State law.
SEC. 3. BACKGROUND CHECKS.
The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended--
(1) by redesignating section 5 as section 6; and
(2) by inserting after section 4 the following:
``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS.
``(a) Definitions.--In this section--
``(1) the term `covered entity' means any person that
employs a private security officer;
``(2) the term `covered individual' means an individual who
is employed or applying for employment as a private security
officer;
``(3) the term `criminal history review designee' means the
entity, if any, designated by the Attorney General under
subsection (b)(3) to carry out the criminal history review
program;
``(4) the term `criminal history review program' means the
program established under subsection (d);
``(5) the term `qualified State program' means a program of
a State authorized agency that provides access to national
criminal history background checks, as authorized by Federal or
State law;
``(6) the term `private security officer' has the meaning
given the term in subsection (c)(3) of the Private Security
Officer Employment Authorization Act of 2004 (28 U.S.C. 534
note); and
``(7) the term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
``(b) Establishment of Program.--
``(1) Purpose.--The purpose of this subsection is to
facilitate widespread access to State and national criminal
history background checks, not otherwise authorized by Federal
or State law, on private security officers and prospective
private security officers.
``(2) Establishment.--Not later than 1 year after the date
of enactment of the Security Officer Screening Improvement Act
of 2016, the Attorney General shall establish--
``(A) policies and procedures to carry out the
duties described in subsection (c); and
``(B) a criminal history review program in
accordance with subsection (d).
``(3) Designees.--The Attorney General may designate one or
more entities to carry out the duties described in subsection
(c) or (d).
``(c) Access to State and National Background Checks.--
``(1) Duties.--The Attorney General shall--
``(A) inform covered entities about how to request
State and national background checks--
``(i) for covered entities located in a
State with a qualified State program, by
referring the covered entity to the State
authorized agency; or
``(ii) for covered entities located in a
State without a qualified State program, by
providing information on alternative methods of
obtaining a State and national background
check;
``(B) complete a check of the national criminal
history background check system upon request from a
covered entity; and
``(C) provide information received in response to
such national criminal history background check to the
criminal history review designee, if any.
``(2) Required information.--A request for a State and
national criminal history background check shall include--
``(A) the fingerprints of the covered individual;
``(B) other documents required by State law for a
State criminal history background check; and
``(C) the appropriate fee.
``(3) Fees.--The Attorney General shall, in addition to the
fee for the non-criminal justice, non-law enforcement national
criminal history background check authorized under title II of
the Department of Justice Appropriations Act, 1991 under the
heading `salaries and expenses' under the heading `Federal
Bureau of Investigation' (Public Law 101-105; 28 U.S.C. 534
note)--
``(A) collect a fee to offset the costs of carrying
out the duties described in subsection (d), in an
amount equal to the cost of conducting the criminal
history review; and
``(B) remit such fee to the Federal Bureau of
Investigation.
``(d) Criminal History Review Program.--
``(1) Purpose.--The purpose of this subsection is to
provide covered entities with reliable and accurate information
regarding the fitness of covered individuals for performing
security services.
``(2) Requirements.--The Attorney General shall--
``(A) establish procedures to securely receive
criminal history records;
``(B) make determinations regarding whether the
criminal history records received in response to a
criminal history background check conducted under this
section indicate that the covered individual has a
criminal history that may bear on the covered
individual's fitness to perform security services; and
``(C) convey to the covered entity that submitted
the request for a State and national criminal history
background check--
``(i) the fitness and suitability of the
covered individual based solely on the criteria
described in paragraph (3); and
``(ii) that the covered entity should
consult the Equal Employment Opportunity
Commission Enforcement Guidance #915.002, dated
April 25, 2012, `Consideration of Arrest and
Conviction Records in Employment Decisions
under Title VII of the Civil Rights Act of
1964', or any successor thereto issued by the
Equal Employment Opportunity Commission.
``(3) Criminal history review criteria.--In determining
whether a criminal history record indicates that a covered
individual has a criminal history that may bear on the fitness
of the covered individual to perform security services, the
Attorney General shall employ the criteria used to evaluate
individuals under the Private Security Officer Employment
Authorization Act of 2004 (28 U.S.C. 534 note).
``(4) Application processing.--
``(A) In general.--The Attorney General shall
establish the process by which a covered entity in a
State without a qualified State program may obtain a
State and national criminal history background check.
``(B) Challenge to completeness of record.--A
covered individual may challenge the completeness of
any information in the criminal history record of the
individual by contacting the Federal Bureau of
Investigation under the procedure set out in section
16.34 of title 28, Code of Federal Regulations, or any
successor thereto.
``(5) Participation in program.--The Attorney General shall
determine whether an entity is a covered entity.
``(6) Privacy of information.--
``(A) In general.--Any entity authorized to receive
or transmit fingerprints or criminal history records
under this section--
``(i) shall use the fingerprints, criminal
history records, or information in the criminal
history records only for the purposes
specifically set forth in this section; and
``(ii) shall maintain adequate security
measures to ensure the confidentiality of the
fingerprints, the criminal history records, and
the information in the criminal history
records.
``(B) Retention of fingerprints by the fbi.--In
accordance with State or Federal procedures, for the
purpose of providing fingerprint verification, criminal
investigation, or subsequent hit notification services,
or for the retention of criminal history, the Federal
Bureau of Investigation may retain any fingerprints
submitted to the Federal Bureau of Investigation under
this section.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to change or replace any background check
program authorized by Federal or State law on the day before
the date of enactment of the Security Officer Screening
Improvement Act of 2016.''. | Security Officer Screening Improvement Act of 2016 This bill amends the National Child Protection Act of 1993 to direct the Department of Justice to: (1) establish policies and procedures to streamline the process of obtaining state and national criminal history background checks on private security officers, and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a private security officer. It defines "covered entity" as any person who employs a private security officer. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Support Act''.
SEC. 2. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS.
(a) In General.--Subpart 14 of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended--
(1) by inserting after the subpart heading the following:
``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS'';
and
(2) by adding at the end the following:
``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``SEC. 5545. FINDINGS.
``Congress finds the following:
``(1) The Surgeon General of the Public Health Service has
found that although 1 in 10 children and adolescents suffer
from mental illness severe enough to cause some level of
impairment, in any given year fewer than 1 in 5 of these
children receives needed treatment. The short- and long-term
consequences of untreated childhood mental disorders are
costly, in both human and fiscal terms.
``(2) School counselors, school psychologists, other
qualified psychologists, child and adolescent psychiatrists,
and school social workers are needed to help these children and
to provide a variety of crucial support services.
``(3) Across the United States, there are insufficient
resources for school-based counseling professionals, and often
students do not get the help they need. The current national
average ratio of students to school counselors in elementary
and secondary schools is 561 to 1.
``(4) United States schools need more mental health
professionals, and they need the flexibility to hire the
professionals that will best serve their students.
``(5) According to the Institute of Medicine of the
National Academy of Sciences, the maximum recommended ratio
of--
``(A) students to school counselors is 250 to 1;
``(B) students to school psychologists is 1,000 to
1; and
``(C) students to school social workers is 800 to
1.
``(6) In some States, 1 school counselor typically serves
over 1,000 students. Ratios for school psychologists and school
social workers are also extremely high. In some schools, there
are no school-based mental health and student service providers
available to assist students in times of crisis, or at any
other time.
``(7) The number of students is expected to grow
significantly over the next few years. During this time, many
school-based mental health professionals who currently serve
the Nation's youth will retire.
``(8) Model programs using school-based mental health and
student service providers have reduced school suspensions,
reduced referrals to the principal's office, reduced the use of
weapons, force, and threats, and increased students' feelings
of safety.
``SEC. 5546. PURPOSES.
``The purposes of this chapter are to assist States and local
educational agencies in hiring additional school-based mental health
providers, including additional school counselors, school
psychologists, other qualified psychologists, child and adolescent
psychiatrists, and school social workers to achieve each of the
following:
``(1) To reduce the ratios of school-based mental health
and student service providers to students in elementary and
secondary schools in the United States to the following minimum
ratios recommended by the Institute of Medicine of the National
Academy of Sciences in its 1997 report `Schools and Health: Our
Nation's Investment':
``(A) 1 school counselor for every 250 students;
``(B) 1 school psychologist for every 1,000
students; and
``(C) 1 school social worker for every 800
students.
``(2) To provide school-based mental health and student
services.
``(3) To remove emotional, behavioral, and psychosocial
barriers to learning so as to enhance students' classroom
preparedness and ability to learn.
``(4) To support school staff and teachers in improving
classroom management, conducting behavioral interventions to
improve school discipline, and developing the awareness and
skills to identify early warning signs of violence and the need
for mental health services.
``(5) To support parental involvement in improving the
school behavior and academic success of their children.
``SEC. 5547. DEFINITIONS.
``In this chapter, the following definitions apply:
``(1) Child.--The term `child' means an individual who is
not less than 5 years old and not more than 17 years old.
``(2) Child and adolescent psychiatrist.--The term `child
and adolescent psychiatrist' has the meaning given such term in
section 5421(e).
``(3) Child in poverty.--The term `child in poverty' means
a child from a family with an income below the poverty line.
``(4) Mental health and student service provider.--The term
`mental health and student service provider' means a qualified
individual who provides mental health and student services,
including any individual who is a qualified school counselor, a
qualified school psychologist or any other qualified
psychologist, a child or adolescent psychiatrist, or a
qualified school social worker.
``(5) Mental health and student services.--The term `mental
health and student services' includes direct, individual, and
group services provided to students, parents, and school
personnel by mental health and student service providers, and
the coordination of prevention strategies in schools or
community-based programs.
``(6) Other qualified psychologist.--The term `other
qualified psychologist' has the meaning given such term in
section 5421(e).
``(7) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
``(8) School counselor.--The term `school counselor' means
an individual who has documented competence in counseling
children and adolescents in a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent.
``(9) School psychologist.--The term `school psychologist'
means an individual who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in a school setting;
``(B) possesses State licensure or certification in
school psychology in the State in which the individual
works; or
``(C) possesses national certification by the
National School Psychology Certification Board.
``(10) School social worker.--The term `school social
worker' means an individual who--
``(A) holds a master's degree in social work from a
program accredited by the Council on Social Work
Education;
``(B) is licensed or certified by the State in
which services are provided; or
``(C) possesses a national credential or national
certification as a school social work specialist
granted by an independent professional organization.
``(11) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER
GRANT PROGRAM.
``(a) In General.--In accordance with this chapter, the Secretary
shall make grants to eligible States to assist local educational
agencies in those States in hiring additional school-based mental
health and student service providers.
``(b) Allocation of Funds.--From the total amount appropriated for
a fiscal year to carry out this chapter, the Secretary shall--
``(1) make available 1 percent of such amount to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities that carry out
the purposes of this chapter; and
``(2) make available in the form of grants to each eligible
State an amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total amount as the number of
children in poverty who reside in the State bears to
the number of such children in all States; and
``(B) an amount that bears the same relationship to
50 percent of such total amount as the number of
children enrolled in public and private nonprofit
elementary schools and secondary schools in the State
bears to the number of children enrolled in all such
schools in all States.
``(c) Minimum Grant.--Notwithstanding subsection (b), no grant
under this section shall be for an amount less than $1,000,000.
``(d) Reallocation.--The Secretary shall reallocate to States that
have received approval under subsection (e)(2) any funds allocated
under subsection (b) to a State that fails to submit an application
that is approved by the Secretary.
``(e) Application by State.--
``(1) In general.--To be eligible to receive a grant under
this chapter, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Approval.--The Secretary may not approve an
application under this subsection unless the State submitting
the application--
``(A) presents a plan, which the Secretary
considers to be reasonable, under which the State will
make grants, in accordance with the purposes of this
chapter, to local educational agencies to fund the
hiring of additional school counselors, school
psychologists, other qualified psychologists, child and
adolescent psychiatrists, and school social workers;
and
``(B) provides an assurance that the State will
provide the matching amount required under subsection
(g).
``(f) Use of Funds by State.--
``(1) In general.--In accordance with this subsection, the
total of the amounts made available to a State under this
section and the amounts of the non-Federal match required under
subsection (g) may only be used by a State to make grants to
local educational agencies to assist such agencies in hiring
additional school-based mental health and student service
providers.
``(2) Administrative costs.--In each fiscal year, a State
may use not more than 5 percent of the assistance made
available to it under this chapter for the administrative costs
of the State in carrying out the State's responsibilities under
this chapter.
``(3) Allocation of funds.--In making grants in accordance
with this subsection, the State shall allocate from the total
described in paragraph (1) to each local educational agency an
amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total as the number of children in
poverty who reside in the school district served by the
local educational agency bears to the number of such
children who reside in all the school districts in the
State; and
``(B) an amount that bears the same relationship to
50 percent of such total as the number of children
enrolled in public and private nonprofit elementary
schools and secondary schools in the school district
served by the local educational agency bears to the
number of children enrolled in all such schools in the
State.
``(4) Minimum grant.--Notwithstanding paragraph (3), no
grant made by a State in accordance with this subsection shall
be for an amount less than $50,000.
``(5) Source of data.--For purposes of paragraph (3), the
State shall use data from the most recent fiscal year for which
satisfactory data are available, except that the State may
adjust such data, or use alternative child poverty data, if the
State demonstrates to the Secretary's satisfaction that such
adjusted or alternative data more accurately reflect the
relative incidence of children who are living in poverty and
who reside in the school districts in the State.
``(6) Application by local educational agencies.--A State
may require that, in order to be eligible for a grant made by
the State in accordance with this subsection, a local
educational agency shall submit an application to the State at
such time, in such manner, and containing such information as
the State may require.
``(g) Matching Funds.--
``(1) In general.--As a condition of receiving a grant
under this section, the Secretary shall require that a State
provide from non-Federal sources an amount equal to the amount
of the grant.
``(2) Local contribution.--In making grants to local
educational agencies in accordance with this subsection, a
State may require that a local educational agency match a
portion of the amount of the grant made to the agency.
``(3) Form.--The non-Federal share required by this
subsection may be provided in cash or in kind, fairly
evaluated, and may include facilities, equipment, or services.
``(h) Funds To Be Supplementary.--Assistance made available under
this chapter shall be used to supplement, and may not supplant,
Federal, State, or local funds used for employing school-based mental
health and student service providers.
``(i) Data Collection and Report.--
``(1) In general.--For each fiscal year for which it
receives assistance under this chapter, a State shall collect
data describing how the assistance is used.
``(2) Report.--Not later than 1 year after assistance is
made available to a State under this chapter, the State shall
transmit to the Secretary a report on the data described in
paragraph (1), including information with respect to each local
educational agency to which the State made a grant with
assistance made available under this chapter--
``(A) the number of school counselors, school
psychologists, other qualified psychologists, child and
adolescent psychiatrists, and school social workers
employed by local educational agency; and
``(B) the ratio of students to school counselors,
the ratio of students to school psychologists or other
qualified psychologists, the ratio of students to child
and adolescent psychiatrists, and the ratio of students
to school social workers.
``(3) Source of funds.--A State may use a portion of the
assistance permitted to be used for administrative costs to
carry out its responsibilities under this subsection.
``(4) Publication.--The Secretary shall make data received
under this subsection publicly available on an annual basis.
``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$100,000,000 for each of fiscal years 2012 through 2020.''.
(b) Clerical Amendments.--The table of contents for the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
by amending the items relating to subpart 14 of title V to read as
follows:
``subpart 14--grants to improve the mental health of children
``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS
``Sec. 5541. Grants for the integration of schools and mental health
systems.
``Sec. 5542. Promotion of school readiness through early childhood
emotional and social development.
``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``Sec. 5545. Findings.
``Sec. 5546. Purposes.
``Sec. 5547. Definitions.
``Sec. 5548. School-based mental health and student service provider
grant program.
``Sec. 5549. Authorization of appropriations.''. | Student Support Act - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to make matching grants of at least $1 million to states for allocation to local educational agencies (LEAs) so that additional school-based mental health and student service providers may be hired, thereby reducing the student-to-provider ratios in elementary and secondary schools to specified levels recommended by the Institute of Medicine of the National Academy of Sciences.
Includes school counselors, school psychologists or other psychologists, child or adolescent psychiatrists, and school social workers among such providers.
Requires grants to states and state allocations to LEAs to be made pursuant to specified formulas that take into account a state's and school district's share of disadvantaged children. | billsum_train |
Create a summary of the following text: SECTION 1. TAX CREDIT FOR GREEN ROOFS.
(a) Findings and Purpose.--
(1) Findings.--Congress makes the following findings:
(A) Green roofs reduce storm water run off.
(B) Green roofs reduce heating and cooling loads on
a building.
(C) Green roofs filter pollutants and carbon
dioxide out of the air.
(D) Green roofs filter pollutants and heavy metals
out of rainwater.
(E) Construction of green roofs has the potential
to reduce the size of heating, ventilation, and air
conditioning equipment on new or retrofitted buildings
resulting in capital and operational savings.
(F) Green roofs have the potential to reduce the
amount of standard insulation used.
(G) After installation, green roofs can reduce
sewage system loads by assimilating large amounts of
rainwater.
(H) Green roofs absorb air pollution, collect
airborne particulates, and store carbon.
(I) Green roofs protect underlying roof material by
eliminating exposure to the sun's ultraviolet radiation
and extreme daily temperature fluctuations.
(J) Green roofs reduce noise transfer from the
outdoors.
(K) Green roofs insulate a building from extreme
temperatures, mainly by keeping the building interior
cool in the summer.
(L) Green roofs provide habitat for beneficial
insects, such as honeybees and other pollinators, and
small animals such as birds.
(2) Purpose.--The purpose of this section is to encourage
the construction of green roofs thereby--
(A) reducing rooftop temperatures and heat
transfer; decreasing summertime indoor temperatures;
(B) lessening pressure on sewer systems through the
absorption of rainwater;
(C) filtering pollution--including heavy metals and
excess nutrients;
(D) protecting underlying roof material;
(E) reducing noise;
(F) providing a habitat for birds and other small
animals;
(G) improving the quality of life for building
inhabitants; and
(H) reducing the urban heat island effect by
decreasing rooftop temperatures.
(b) Green Roofs Eligible for Energy Credit.--
(1) In general.--Subparagraph (A) of section 48(a)(3) of
the Internal Revenue Code of 1986 is amended by striking ``or''
at the end of clause (iii), by striking the period at the end
of clause (iv) and inserting ``, or'', and by adding at the end
the following new clause:
``(v) a qualified green roof (as defined in
section 25D(d)(4)(B)).''.
(2) Credit allowed against alternative minimum tax.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by
striking ``and'' at the end of clause (iii), by redesignating
clause (iv) as clause (v), and by inserting after clause (iii)
the following new clause:
``(iv) so much of the credit determined
under section 46 as is attributable to the
credit determined under section 48, and''.
(3) Effective date.--The amendments made by this subsection
shall apply to periods after December 31, 2008, under rules
similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect before the date of the enactment of
the Revenue Reconciliation Act of 1990).
(c) Credit for Residential Green Roofs.--
(1) In general.--
(A) Allowance of credit.--Section 25D(a) of the
Internal Revenue Code of 1986 (relating to allowance of
credit) is amended by striking ``and'' at the end of
paragraph (2), by striking the period at the end of
paragraph (3) and inserting ``, and'', and by adding at
the end the following new paragraph:
``(4) 30 percent of the qualified green roof property
expenditures made by the taxpayer during such year.''.
(B) Limitation.--Section 25D(b)(1) of such Code
(relating to maximum credit) is amended by striking
``and'' at the end of subparagraph (B), by striking the
period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(D) $2,000 with respect to any qualified green
roof property expenditures.''.
(C) Qualified green roof property expenditures.--
Section 25D(d) of such Code (relating to definitions)
is amended by adding at the end the following new
paragraph:
``(4) Qualified green roof property expenditure.--
``(A) In general.--The term `qualified green roof
property expenditure' means an expenditure for a
qualified green roof which is installed on a building
located in the United States and used as a residence by
the taxpayer.
``(B) Qualified green roof.--The term `qualified
green roof' means any green roof at least 40 percent of
which is vegetated.
``(C) Green roof.--The term `green roof' means any
roof which consists of vegetation and soil, or a
growing medium, planted over a waterproofing membrane
and its associated components, such as a protection
course, a root barrier, a drainage layer, or thermal
insulation and an aeration layer.''.
(D) Maximum expenditures in case of joint
occupancy.--Section 25D(e)(4)(A) of such Code (relating
to maximum expenditures) is amended by striking ``and''
at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, and'', and by
adding at the end the following new clause:
``(iv) $1,667 in the case of any qualified
green roof property expenditures.''.
(2) Credit allowed against alternative minimum tax.--
(A) In general.--Subsection (c) of section 25D of
the internal Revenue Code of 1986 is amended to read as
follows:
``(c) Limitation Based on Amount of Tax; Carryforward of Unused
Credit.--
``(1) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for the taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.
``(2) Carryforward of unused credit.--
``(A) Rule for years in which all personal credits
allowed against regular and alternative minimum tax.--
In the case of a taxable year to which section 26(a)(2)
applies, if the credit allowable under subsection (a)
exceeds the limitation imposed by section 26(a)(2) for
such taxable year reduced by the sum of the credits
allowable under this subpart (other than this section),
such excess shall be carried to the succeeding taxable
year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(B) Rule for other years.--In the case of a
taxable year to which section 26(a)(2) does not apply,
if the credit allowable under subsection (a) exceeds
the limitation imposed by paragraph (1) for such
taxable year, such excess shall be carried to the
succeeding taxable year and added to the credit
allowable under subsection (a) for such succeeding
taxable year.''.
(B) Conforming amendments.--
(i) Section 23(b)(4)(B) of the Internal
Revenue Code of 1986 is amended by inserting
``and section 25D'' after ``this section''.
(ii) Section 24(b)(3)(B) of such Code is
amended by striking ``and 25B'' and inserting
``, 25B, and 25D''.
(iii) Section 25B(g)(2) of such Code is
amended by striking ``section 23'' and
inserting ``sections 23 and 25D''.
(iv) Section 26(a)(1) of such Code is
amended by striking ``and 25B'' and inserting
``25B, and 25D''.
(3) Effective date.--
(A) In general.--The amendments made by this
subsection shall apply to property placed in service
after December 31, 2008, in taxable years ending after
such date.
(B) Application of egtrra sunset.--The amendments
made by clauses (i) and (ii) of paragraph (2)(B) shall
be subject to title IX of the Economic Growth and Tax
Relief Reconciliation Act of 2001 in the same manner as
the provisions of such Act to which such amendments
relate. | Amends the Internal Revenue Code to allow: (1) an 10% energy tax credit for the installation of a qualified green roof; and (2) a residential energy efficient tax credit for 30% of qualified green roof property expenditures up to $2,000. Defines a "qualified green roof" as any green roof which is at least 40% vegetated. Defines "green roof" as any roof which consists of vegetation and soil, or a growing medium, planted over a waterproofing membrane and its associated components. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Texas Band of Kickapoo Act
Amendments''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Texas Band of Kickapoo is a subgroup of the
Kickapoo Tribe of Oklahoma whose ancestors were forced to
migrate from their ancestral lands in the Midwestern United
States to lands now within the boundaries of Mexico and the
States of Oklahoma and Texas.
(2) The migratory nature of the Kickapoos, which required
their frequent travel between Oklahoma, Texas, and Mexico,
resulted in lack of clarity in their rights of citizenship and
their eligibility for Federal services which could be provided
only to Kickapoos when they were on or near the reservation of
the Kickapoo Tribe of Oklahoma in McLoud, Oklahoma.
(3) Although members of the Texas Band of Kickapoo lived
primarily in Texas under conditions posing serious threats to
their health, they owned no land in Texas and, therefore, were
unable to obtain Federal services which the United States
provides to other Indians who are members of federally
recognized Indian tribes because of their status as Indians.
(4) In 1983, the Texas Band of Kickapoo Act (25 U.S.C.
1300b-11 et seq.) was enacted to confirm the United States
citizenship of Kickapoos residing in Texas and their
eligibility for Federal services.
(5) Although many Kickapoos meet the requirements for
United States citizenship, some lack written records to prove
that they do and have not been made aware that their right to
apply for collective citizenship under the Texas Band of
Kickapoo Act has expired. Amendment of the Immigration and
Nationality Act is necessary to establish modified
naturalization procedures to address the Kickapoos' eligibility
for citizenship.
(6) The Kickapoo Tribe of Oklahoma acquired land in
Maverick County, Texas, in order to provide for the delivery of
Federal services to its tribal members in Texas, known as the
Texas Band or subgroup of the Kickapoo Tribe of Oklahoma, and
in turn, in 1986 such land was acquired in trust by the United
States by trust deed ``for the benefit of the Texas Band of
Kickapoo, a subgroup of the Kickapoo Tribe of Oklahoma''.
(7) In 1989, some members of the Texas Band chose to form a
separate governmental entity now known as the Kickapoo
Traditional Tribe of Texas, while the remaining Texas Kickapoos
continue to be a subgroup of and have membership in the
Kickapoo Tribe of Oklahoma.
(8) Since the early 1990s, disputes have arisen over
whether beneficial ownership of the trust land in Maverick
County, Texas, resides with the Kickapoo Tribe of Oklahoma or
with the Kickapoo Traditional Tribe of Texas. For some tribal
members, lack of clarity regarding ownership of the trust
property has resulted in eviction from their homes and
inability to receive services, contrary to the intent and goals
of the Texas Band of Kickapoo Act.
(9) Both tribes require a land base in Texas to be able to
provide services and housing for their respective tribal
members. Only the Congress can clarify the beneficial ownership
of Kickapoo reservation lands to ensure that both tribes have
an appropriate land base in Maverick County, Texas.
(10) The respective members of the Kickapoo Tribe of
Oklahoma and the Kickapoo Traditional Tribe of Texas deserve to
have their United States citizenship confirmed and their
ability to cross the borders of the United States clarified,
and to receive all of the Federal services which the United
States provides to Indians because of their status as Indians.
(11) Beneficial title to land already held in trust by the
United States pursuant to authority granted in the Texas Band
of Kickapoo Act should be transferred from the Kickapoo Tribe
of Oklahoma to the Kickapoo Traditional Tribe of Texas, and
replacement land in the State of Texas should be accepted into
trust by the United States to provide a home for those Texas
Kickapoos who continue to be members of the Kickapoo Tribe of
Oklahoma.
SEC. 3. DEFINITIONS.
Section 3 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-12) is
amended to read as follow:
``SEC. 3. DEFINITIONS.
``For the purposes of this Act, the following definitions apply:
``(1) Texas band.--The term `Texas Band' means the Texas
Band of Kickapoo Indians, all members of which were part of the
Kickapoo Tribe of Oklahoma as it existed prior to 1989 when a
portion of the Band obtained Federal recognition as a
governmental tribal entity separate from the Kickapoo Tribe of
Oklahoma.
``(2) Kickapoo tribe of oklahoma.--The term `Kickapoo Tribe
of Oklahoma' means the Kickapoo Tribe recognized by the United
States pursuant to the Treaty with the Kickapoo on December 9,
1809 (7 Stat. 117), and reorganized in 1938 as the Kickapoo
Tribe of Oklahoma pursuant to the Oklahoma Indian Welfare Act.
``(3) Kickapoo traditional tribe of texas.--The term
`Kickapoo Traditional Tribe of Texas' means the Kickapoo Tribe
administratively recognized in 1989 pursuant to Federal
authorities granted in the Texas Band of Kickapoo Act.
``(4) Kickapoo tribes.--The term `Kickapoo Tribes' means
the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional
Tribe of Texas.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY.
(a) Updating Membership Rolls; Compilation of Citizenship
Eligibility Lists.--Section 4 of the Texas Band of Kickapoo Act (25
U.S.C. 1300b-13) is amended to read as follows:
``SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY.
``(a) Updating Membership Rolls; Compilation of Citizenship
Eligibility Lists.--In consultation with the Secretary, the Kickapoo
Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas each
shall update the membership roll of such tribe's tribal members and
shall compile a list of its tribal members who reside permanently in
the United States but were not born in the United States and are not
otherwise a citizen or national of the United States. When such
membership roll is updated, and such citizenship eligibility list is
compiled, the Secretary shall promptly publish notice in the Federal
Register announcing the completion of the citizenship eligibility list
and shall provide a copy of such list to the Attorney General for use
in approving applications for certificates of citizenship pursuant to
section 341(c) of the Immigration and Nationality Act (8 U.S.C.
1452(c)).
``(b) Border Crossing Rights.--Notwithstanding the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) or any other law, any
individual who was entitled to enter the United States under this
section, as in effect on the day before the date of the enactment of
the Texas Band of Kickapoo Act Amendments, shall continue to have such
right until the earlier of--
``(1) the date on which a final determination is made on an
application timely filed by the individual pursuant to section
341(c) of the Immigration and Nationality Act (8 U.S.C.
1452(c)); or
``(2) the end of the final 2-year application period
described in paragraph (3) of such section 341(c).''.
(b) Citizenship.--Section 341 of the Immigration and Nationality
Act (8 U.S.C. 1452) is amended by adding at the end the following:
``(c)(1) An individual who is described in paragraph (2) and
satisfies the requirements of paragraphs (3) and (4) may be issued a
certificate of citizenship. Upon proof to the satisfaction of the
Attorney General that the individual is so eligible, and upon taking
and subscribing before a member of the Service within the United States
to the oath of allegiance required by this Act of an applicant for
naturalization, such individual shall be furnished by the Attorney
General with a certificate of citizenship.
``(2) An individual is described in this paragraph if the name of
the individual appears on a citizenship eligibility list provided to
the Attorney General pursuant to section 4 of the Texas Band of
Kickapoo Act (25 U.S.C. 1300b-13) because such individual--
``(A) is of Kickapoo descent;
``(B) is a member of--
``(i) the Kickapoo Tribe of Oklahoma (as defined in
section 3 of the Texas Band of Kickapoo Act (25 U.S.C.
1300b-12)); or
``(ii) the Kickapoo Traditional Tribe of Texas (as
so defined);
``(C) was born outside the United States and its outlying
possessions;
``(D) resides permanently in the United States; and
``(E) is not otherwise a citizen or national of the United
States.
``(3) An individual described in paragraph (2) may apply to the
Attorney General for a certificate of citizenship under this subsection
only during a 2-year period commencing on the date following
publication, pursuant to section 4 of the Texas Band of Kickapoo Act
(25 U.S.C. 1300b-13), of the notice of completion of a citizenship
eligibility list on which the name of the applicant appears.
``(4) The Attorney General may not grant an application for a
certificate of citizenship under this subsection unless the applicant
is, and has been during the 5-year period immediately preceding the
filing of the application, a person of good moral character.''.
SEC. 5. LAND ACQUISITION.
Section 5 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-14) is
amended to read as follows:
``SEC. 5. LAND ACQUISITION.
``(a) Applicability of the Indian Reorganization Act.--The
Secretary is authorized to exercise authority under section 5 of the
Act of June 18, 1934 (25 U.S.C. 465; popularly known as the Indian
Reorganization Act), for the Kickapoo Tribe of Oklahoma and the
Kickapoo Traditional Tribe of Texas with respect to lands in Maverick
County, Texas, only.
``(b) Relinquishment of Trust Title.--
``(1) In general.--The Secretary is hereby directed to
allow the Kickapoo Tribe of Oklahoma, upon its request, to
relinquish its claim to beneficial title to the land described
in paragraph (2) of this subsection in exchange for the
replacement land described in subsection (c).
``(2) Land description.--Lands referred to in paragraph (1)
are those lands known as the Kickapoo Reservation, legal title
to which is held in trust by the United States, and described
as being all that certain lot, tract, or parcel of land lying
and being situated in the County of Maverick, State of Texas.
Such lands are more particularly described as follows: Being
125.43 acres lying and situated in said Maverick County, Texas,
and being 42.07 acres out of survey 20, Abstract 723 and 83.36
acres out of Survey 21, Abstract 811; said acreage being the
same land conveyed from the Veteran's Land Board of Texas to
Arthur Meixner as said conveyance is recorded in volume 51,
page 288 of the Maverick County Deed Records, as more
particularly described in that certain deed recorded in Book
238, pages 324-326 of the Maverick County Deed Records.
``(c) Trust Status for Replacement Lands.--
``(1) In general.--No later than 60 days after the
relinquishment of trust title as provided in subsection (b),
the Secretary shall accept all right, title, and interest of
the Kickapoo Tribe of Oklahoma in and to the land described in
paragraph (2) as replacement land and take that land into trust
for the benefit of the Kickapoo Tribe of Oklahoma if--
``(A) the Kickapoo Tribe of Oklahoma so requests;
``(B) there are no adverse legal claims on such
property, including outstanding liens, mortgages, or
taxes owed; and
``(C) the land described in subsection (b)(2) is no
longer held in trust by the United States for the
benefit of the Kickapoo Tribe of Oklahoma.
``(2) Land description.--Lands referred to in paragraph (1)
are described as follows:
``(A) The Surface estate only in and to the
following described property to wit: being all that
certain tract or parcel of land together with all
improvements thereon, and being 173.0 acre tract of
land, out of survey 56, abstract 778 and survey 57,
abstract 782, in Maverick County, Texas, and being a
part of 2,460.6607 acre tract recorded in vol. 425,
page 393, official public records of Maverick County,
Texas, as more particularly described in that certain
deed recorded in said Maverick County, Texas, as
Document Number 108772 in Book 663, page 243-244.
``(B) The Surface estate only in and to the
following described property to wit: being all that
certain tract or parcel of land together with all
improvements thereon, and being 200.0 acre tract of
land, out of survey 57, survey 58 and survey 13, in
Maverick County, Texas, and being a part of 2,460.6607
acre tract recorded in vol. 425, page 393, official
public records of Maverick County, Texas, as more
particularly described in that certain deed recorded in
said Maverick County, Texas, as Document Number 108910
in Book 664, page 335-339.''.
SEC. 6. JURISDICTION.
Section 6 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-15) is
amended by striking ``Band's trust lands'' and inserting ``lands held
in trust in Maverick County for the Kickapoo Tribe of Oklahoma and for
the Kickapoo Traditional Tribe of Texas,''.
SEC. 7. PROVISION OF FEDERAL INDIAN SERVICES.
Section 7 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-16) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Eligibility for Federal Indian Services.--Notwithstanding any
other provision of law authorizing the provision of special programs
and services by the United States to Indians because of their status as
Indians, the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional
Tribe of Texas, and their respective members who reside in Maverick
County, Texas, shall be eligible for such programs and services without
regard to the existence of a reservation, residence on or near a
reservation, or the compilation of the Membership Rolls pursuant to 25
U.S.C. 1300b-13(a).''; and
(2) in subsection (b)--
(A) by inserting after ``(b)'' the following:
``Consultation With Mexican Government.--''; and
(B) by striking ``the Band and its members'' and
inserting ``the Kickapoo Tribes and their respective
tribal members''. | Texas Band of Kickapoo Act Amendments - Amends the Texas Band of Kickapoo Act to require the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas (Tribes) to each update the membership roll of its members. Requires the Tribes to compile a list of their tribal members who permanently reside, but were not born in, the United States and are not otherwise citizens or nationals of the United States.Amends the Immigration and Naturalization Act to declare that a person who is of Kickapoo descent, a member of either of the Tribes, was born outside of, but permanently resides in the United States, and is not otherwise a citizen or national of the United States, may apply to the Attorney General for a United States certificate of citizenship. Authorizes the Attorney General to issue a certificate of citizenship to such individuals.Amends the Texas Band of Kickapoo Act to direct the Secretary of the Interior to allow the Kickapoo Tribe of Oklahoma to relinquish its claim to beneficial title to the Kickapoo Reservation in Maverick County, Texas. Requires the Secretary, at the request of the Tribe, to accept such land as replacement land and take that land into trust for the benefit of the Kickapoo Tribe if there are no adverse legal claims on the land.Extends the eligibility of individuals for Federal Indian programs and services from the Texas Band of Kickapoo Indians to both Kickapoo Tribes. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED
AFTER DECEMBER 31, 2001, AND BEFORE JANUARY 1, 2004.
(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 the following new subsection:
``(k) Special Allowance for Certain Property Acquired After
December 31, 2001, and Before January 1, 2004.--
``(1) Additional allowance.--In the case of any qualified
property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 30 percent of the adjusted basis of
the qualified property, and
``(B) the adjusted basis of the qualified property
shall be reduced by the amount of such deduction before
computing the amount otherwise allowable as a
depreciation deduction under this chapter for such
taxable year and any subsequent taxable year.
``(2) Qualified property.--For purposes of this
subsection--
``(A) In general.--The term `qualified property'
means property--
``(i)(I) to which this section applies
which has a recovery period of 20 years or less
or which is water utility property,
``(II) which is computer software (as
defined in section 167(f)(1)(B)) for which a
deduction is allowable under section 167(a)
without regard to this subsection,
``(III) which is qualified leasehold
improvement property, or
``(IV) which is eligible for depreciation
under section 167(g),
``(ii) the original use of which commences
with the taxpayer after December 31, 2001,
``(iii) which is--
``(I) acquired by the taxpayer
after December 31, 2001, and before
January 1, 2004, but only if no written
binding contract for the acquisition
was in effect before January 1, 2002,
or
``(II) acquired by the taxpayer
pursuant to a written binding contract
which was entered into after December
31, 2001, and before January 1, 2004,
and
``(iv) which is placed in service by the
taxpayer before January 1, 2004, or, in the
case of property described in subparagraph (B),
before January 1, 2005.
``(B) Certain property having longer production
periods treated as qualified property.--
``(i) In general.--The term `qualified
property' includes property--
``(I) which meets the requirements
of clauses (i), (ii), and (iii) of
subparagraph (A),
``(II) which has a recovery period
of at least 10 years or is
transportation property, and
``(III) which is subject to section
263A by reason of clause (ii) or (iii)
of subsection (f)(1)(B) thereof.
``(ii) Only pre-january 1, 2004, basis
eligible for additional allowance.--In the case
of property which is qualified property solely
by reason of clause (i), paragraph (1) shall
apply only to the extent of the adjusted basis
thereof attributable to manufacture,
construction, or production before January 1,
2004.
``(iii) Transportation property.--For
purposes of this subparagraph, the term
`transportation property' means tangible
personal property used in the trade or business
of transporting persons or property.
``(C) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified property' shall not include
any property to which the alternative
depreciation system under subsection (g)
applies, determined--
``(I) without regard to paragraph
(7) of subsection (g) (relating to
election to have system apply), and
``(II) after application of section
280F(b) (relating to listed property
with limited business use).
``(ii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(D) Special rules.--
``(i) Self-constructed property.--In the
case of a taxpayer manufacturing, constructing,
or producing property for the taxpayer's own
use, the requirements of clause (iii) of
subparagraph (A) shall be treated as met if the
taxpayer begins manufacturing, constructing, or
producing the property after December 31, 2001,
and before January 1, 2004.
``(ii) Sale-leasebacks.--For purposes of
subparagraph (A)(ii), if property--
``(I) is originally placed in
service after December 31, 2001, by a
person, and
``(II) sold and leased back by such
person within 3 months after the date
such property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date on
which such property is used under the leaseback
referred to in subclause (II).
``(E) Coordination with section 280f.--For purposes
of section 280F--
``(i) Automobiles.--In the case of a
passenger automobile (as defined in section
280F(d)(5)) which is qualified property, the
Secretary shall increase the limitation under
section 280F(a)(1)(A)(i) by $4,600.
``(ii) Listed property.--The deduction
allowable under paragraph (1) shall be taken
into account in computing any recapture amount
under section 280F(b)(2).
``(3) Qualified leasehold improvement property.--For
purposes of this subsection--
``(A) In general.--The term `qualified leasehold
improvement property' means any improvement to an
interior portion of a building which is nonresidential
real property if--
``(i) such improvement is made under or
pursuant to a lease (as defined in subsection
(h)(7))--
``(I) by the lessee (or any
sublessee) of such portion, or
``(II) by the lessor of such
portion,
``(ii) such portion is to be occupied
exclusively by the lessee (or any sublessee) of
such portion, and
``(iii) such improvement is placed in
service more than 3 years after the date the
building was first placed in service.
``(B) Certain improvements not included.--Such term
shall not include any improvement for which the
expenditure is attributable to--
``(i) the enlargement of the building,
``(ii) any elevator or escalator,
``(iii) any structural component benefiting
a common area, and
``(iv) the internal structural framework of
the building.
``(C) Definitions and special rules.--For purposes
of this paragraph--
``(i) Binding commitment to lease treated
as lease.--A binding commitment to enter into a
lease shall be treated as a lease, and the
parties to such commitment shall be treated as
lessor and lessee, respectively.
``(ii) Related persons.--A lease between
related persons shall not be considered a
lease. For purposes of the preceding sentence,
the term `related persons' means--
``(I) members of an affiliated
group (as defined in section 1504), and
``(II) persons having a
relationship described in subsection
(b) of section 267; except that, for
purposes of this clause, the phrase `80
percent or more' shall be substituted
for the phrase `more than 50 percent'
each place it appears in such
subsection.
``(D) Improvements made by lessor.--In the case of
an improvement made by the person who was the lessor of
such improvement when such improvement was placed in
service, such improvement shall be qualified leasehold
improvement property (if at all) only so long as such
improvement is held by such person.''.
(b) Allowance Against Alternative Minimum Tax.--
(1) In general.--Section 56(a)(1)(A) of the Internal
Revenue Code of 1986 (relating to depreciation adjustment for
alternative minimum tax) is amended by adding at the end the
following new clause:
``(iii) Additional allowance for certain
property acquired after december 31, 2001, and
before january 1, 2004.--The deduction under
section 168(k) shall be allowed.''
(2) Conforming amendment.--Clause (i) of section
56(a)(1)(A) of the Internal Revenue Code of 1986 is amended by
striking ``clause (ii)'' both places it appears and inserting
``clauses (ii) and (iii)''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2001, in taxable
years ending after such date. | Amends the Internal Revenue Code to provide for an additional depreciation allowance for "qualified property" acquired after December 31, 2001 and before January 1, 2004. Defines such property. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Illegal Obamacare Subsidies
Act''.
SEC. 2. LIMITATION ON AUTO-ENROLLMENT.
Notwithstanding any other provision of law, American Health Benefit
Exchanges shall not provide for automatic enrollment in health plans
under such exchanges until the Inspector General of the Department of
Health and Human Services verifies that each State Exchange established
under section 1311 of the Patient Protection and Affordable Care Act
(42 U.S.C. 13031) and the Federal Exchange established under section
1321 of such Act (42 U.S.C. 18041) has resolved the inconsistencies (as
defined in section 3(a)) outlined in the June 2014 report of such
Inspector General.
SEC. 3. PROCESS FOR APPLICATIONS WITH INCONSISTENCIES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall make public
the steps that the Centers for Medicare & Medicaid Services and the
Federal Exchange will take to clear any inconsistencies that arose on
or before the date of enactment of this Act and to ensure that the
systems used by the Centers for Medicare & Medicaid Services to
determine or assess eligibility for premium tax credits, cost-sharing
reductions, Medicaid, and the State Children's Health Insurance Program
(CHIP) can resolve such inconsistencies not later than 30 days after
the date of enactment of this Act.
(b) Methods To Monitor Progress.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall make public the
methods that the Centers for Medicare & Medicaid Services use to
monitor, track, and measure the progress of the Federal Exchange and
State Exchanges in resolving inconsistencies.
(c) Suspension of Financial Assistance Programs.--Premium
assistance tax credits under section 36B of the Internal Revenue Code
of 1986 and the reduced cost-sharing program under section 1402 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18071) shall not
be available for plan year 2015. Such premium tax credit and cost-
sharing programs shall resume only after--
(1) the Commissioner of the Social Security Administration
affirmatively declares that all inconsistencies related to
invalid social security numbers have been resolved; and
(2) the Inspector General of the Department of Health and
Human Services determines that all inconsistencies, as defined
in section 4(1), have been resolved.
(d) Requests for Additional Information.--
(1) In general.--If applicant information provided by an
individual seeking to enroll in a qualified health plan on a
State or Federal Exchange contains inconsistencies, the
Secretary shall request additional information from the
individual, and the individual shall have 90 days to provide
such information.
(2) Restrictions during inconsistency period.--During the
inconsistency period, an individual may be enrolled in
qualified health plan, but may not participate in the premium
assistance credit program under section 36B of the Internal
Revenue Code of 1986 or the reduced cost-sharing program under
section 1402 of the Patient Protection and Affordable Care Act
(42 U.S.C. 18071). An individual who cooperates with a request
for additional information and whom the Secretary later
determines to be eligible for such programs, shall
retroactively receive the benefits of such programs that such
individual was eligible to receive for the inconsistency
period.
(3) Failure to submit additional information.--If the
applicant does not submit additional information requested
under subparagraph (A)--
(A)(i) the applicant shall be withdrawn from the
premium assistance credit program under section 36B of
the Internal Revenue Code of 1986 and the reduced cost-
sharing program under section 1402 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18071),
as applicable, at the end of the inconsistency period;
and
(ii) the Secretary shall send notification of such
disenrollment to the applicable health insurance
issuer; and
(B) the applicant shall re-enroll in a qualified
health plan with appropriate and accurate information
during the next open enrollment period.
SEC. 4. DEFINITIONS.
In this Act--
(1) the term ``inconsistencies'' means differences between
the self-attested information provided by an applicant in
enrolling in a health plan on an Exchange and being determined
eligible for premium tax credits and cost-sharing reductions or
in being determined to be eligible for enrollment in a State
Medicaid plan or a State child health plan under the State
Children's Health Insurance Program (CHIP) and the data
received through the Federal Data Services Hub or from other
data sources, including differences with respect to--
(A) citizenship;
(B) income;
(C) coverage under an eligible employer-sponsored
plan;
(D) incarceration status; or
(E) any other issue that would impact individual's
eligibility for financial assistance programs under the
Patient Protection and Affordable Care Act (including
the amendments made by such Act); and
(2) the term ``inconsistency period'' means the 90-day
period beginning on the date the notice of an inconsistency is
sent to the applicant. | Stopping Illegal Obamacare Subsidies Act - Prohibits American Health Benefit Exchanges from providing for automatic enrollment in health plans until the Inspector General (IG) of the Department of Health and Human Services (HHS) verifies that each state exchange and the federal exchange established under the Patient Protection and Affordable Care Act (PPACA) have resolved the inconsistencies outlined in the June 14 IG report. Directs the Secretary of HHS to make public the steps that the Centers for Medicare and Medicaid Services (CMS) and the federal exchange will take to clear any inconsistencies that arose on or before the enactment of this Act and to ensure that the systems used by the CMS to determine or assess eligibility for premium tax credits, cost-sharing reductions, Medicaid, and the State Children's Health Insurance Program (CHIP) under title XXI of the Social Security Act can resolve such inconsistencies within 30 days after enactment of this Act. Directs the Secretary to make public the methods that the CMS use to monitor, track, and measure the progress of the federal and state exchanges in resolving inconsistencies. Suspends for plan year 2015 the availability of premium assistance tax credits and the reduced cost-sharing program under PPACA; and allows them to resume only after the Commissioner of the Social Security Administration declares affirmatively that all inconsistencies related to invalid Social Security numbers have been resolved, and the IG determines that this is so. Directs the Secretary to request additional information from any applicant for a qualified health plan on a state or federal exchange whose information contains inconsistencies. Requires the applicant to: (1) be withdrawn from the premium assistance credit and reduced cost-sharing programs if the additional information is not provided within 90 days, and (2) re-enroll in a qualified health plan with appropriate and accurate information during the next open enrollment period. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missile Defense Burdensharing Act of
2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has established burdensharing
arrangements with Japan, member nations of the North Atlantic
Treaty Organization (NATO), and other countries to share the
costs of common defense efforts and successfully solicited
contributions from several countries to offset costs relating
to the Persian Gulf War.
(2) The President has stated that a missile defense system
should be deployed to protect allies and other friendly foreign
countries as well as the United States.
SEC. 3. DETERMINATION OF SCOPE OF MISSILE DEFENSE SYSTEM; DESIGNATION
OF PROTECTED COUNTRIES.
(a) Determination Relating to Scope of Missile Defense System.--Not
later than 120 days after the date of the enactment of this Act, the
President--
(1) shall determine whether any missile defense system to
be developed by the United States is intended to protect the
territory of allied or other friendly foreign countries, in
addition to the territory of the United States, from ballistic
missile attack; and
(2) shall prepare and transmit to Congress a report
containing the determination of the President under paragraph
(1).
(b) Designation of Protected Countries.--If the President makes a
determination under subsection (a)(1) that a proposed United States
missile defense system is intended to protect the territory of allied
or other friendly foreign countries from ballistic missile attack, the
President--
(1) shall designate each allied or other friendly foreign
country, with respect to which the system is intended to
protect, as a protected country for the purposes of this Act,
and shall so notify Congress in writing at least 30 days prior
to the designation; and
(2) shall notify Congress in writing at least 30 days prior
to the termination of a designation of a country.
(c) Additional Requirement With Respect to Termination of
Designation of Protected Countries.--
(1) In general.--As part of the notification to Congress
with respect to the termination of a designation of a country
as a protected country under subsection (b)(2), the President
shall include a description of the reasons for the termination,
including an assessment of the effect of the termination on the
security relations between the country and the United States
and on mutual commitments of the United States under bilateral
and multilateral security arrangements, such as the North
Atlantic Treaty.
(2) Notification of involved countries.--The President
shall transmit to the government of a country with respect to
which the President has terminated the designation of the
country as a protected country under subsection (b)(2) a copy
of the notification to Congress with respect to such
termination.
SEC. 4. BURDENSHARING CONTRIBUTIONS BY PROTECTED COUNTRIES.
(a) Solicitation of Contributions.--The President shall seek
financial contributions from each protected country designated by the
President under section 3(b)(1) commensurate with the country's
proportional share of protection from the United States missile defense
system.
(b) Use of Contributions.--Contributions received pursuant to
subsection (a) shall be used to offset costs incurred by the United
States for deployment of the missile defense system, including costs
relating to procurement, construction, operations, and personnel.
SEC. 5. ANNUAL REPORTS.
(a) Report by Secretary of Defense.--
(1) In general.--The Secretary of Defense, acting through
the Ballistic Missile Defense Organization, shall submit to
Congress an annual report that--
(A) identifies each foreign country that would
receive protection under the missile defense system
from ballistic missile attack, irrespective of whether
or not the country has been designated by the President
under section 3(b)(1) as a protected country; and
(B) describes the nature and extent of the
protection for each such foreign country.
(2) Form.--The report shall be submitted in unclassified
form, but may contain a classified annex.
(b) Report by the President.--The President shall transmit to
Congress as part of the annual budget request a report that--
(1) describes the extent to which each protected country
designated by the President under section 3(b)(1) has provided
financial contributions to the United States in accordance with
section 4(a);
(2) describes the proportion of actual and expected
contributions by each protected country as a share of overall
costs of the missile defense system; and
(3) describes efforts by the United States to obtain
payments from protected countries that have not fully
contributed to their share of protection under the missile
defense system.
SEC. 6. RULE OF CONSTRUCTION.
In this Act, the term ``missile defense system'' does not include a
theater missile defense system that is designed or deployed to defend
elements of the United States Armed Forces that are deployed outside
the United States. | Missile Defense Burdensharing Act of 2001 - Directs the President to: (1) determine whether any missile defense system to be developed by the United States is intended to protect, in addition to U.S. territory, the territory of allied or other friendly countries from ballistic missile attack; and (2) seek financial contributions from each protected country, if any, commensurate with their proportional share of protection from such system. | billsum_train |
Provide a summary of the following text: SECTION 1. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION
COUNCIL.
(a) Establishment.--There is established the National Foreign
Language Coordination Council (in this section referred to as the
``Council''), which shall be an independent establishment as defined
under section 104 of title 5, United States Code.
(b) Membership.--The Council shall consist of the following members
or their designees:
(1) The National Language Director, who shall serve as the
chairperson of the Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.
(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Director of the Office of Personnel Management.
(10) The Director of the Office of Management and Budget.
(11) The Secretary of Commerce.
(12) The Secretary of Health and Human Services.
(13) The Secretary of the Treasury.
(14) The Secretary of Housing and Urban Development.
(15) The Secretary of Agriculture.
(16) The Chairman and President of the Export-Import Bank
of the United States.
(17) The heads of such other Federal agencies as the
Council considers appropriate.
(c) Responsibilities.--
(1) In general.--The Council shall be charged with--
(A) developing a national foreign language
strategy, within 18 months of the date of enactment of
this section, in consultation with--
(i) State and local government agencies;
(ii) academic sector institutions;
(iii) foreign language related interest
groups;
(iv) business associations;
(v) industry;
(vi) heritage associations; and
(vii) other relevant stakeholders;
(B) conducting a survey of the status of Federal
agency foreign language and area expertise and agency
needs for such expertise; and
(C) monitoring the implementation of such strategy
through--
(i) application of current and recently
enacted laws; and
(ii) the promulgation and enforcement of
rules and regulations.
(2) Strategy content.--The strategy developed under
paragraph (1) shall include--
(A) identification of crucial priorities across all
sectors;
(B) identification and evaluation of Federal
foreign language programs and activities, including--
(i) any duplicative or overlapping programs
that may impede efficiency;
(ii) recommendations on coordination;
(iii) program enhancements; and
(iv) allocation of resources so as to
maximize use of resources;
(C) needed national policies and corresponding
legislative and regulatory actions in support of, and
allocation of designated resources to, promising
programs and initiatives at all levels (Federal, State,
and local), especially in the less commonly taught
languages that are seen as critical for national
security and global competitiveness during the next 20
to 50 years;
(D) effective ways to increase public awareness of
the need for foreign language skills and career paths
in all sectors that can employ those skills, with the
objective of increasing support for foreign language
study among--
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and
postsecondary educational institutions; and
(v) employers;
(E) recommendations for incentives for related
educational programs, including foreign language
teacher training;
(F) coordination of cross-sector efforts, including
public-private partnerships;
(G) coordination initiatives to develop a strategic
posture for language research and recommendations for
funding for applied foreign language research into
issues of national concern;
(H) recommendations for assistance for--
(i) the development of foreign language
achievement standards; and
(ii) corresponding assessments for the
elementary, secondary, and postsecondary
education levels, including the National
Assessment of Educational Progress in foreign
languages;
(I) recommendations for development of--
(i) language skill-level certification
standards;
(ii) frameworks for pre-service and
professional development study for those who
teach foreign language; and
(iii) suggested graduation criteria for
foreign language studies and appropriate non-
language studies, such as--
(I) international business;
(II) national security;
(III) public administration;
(IV) health care;
(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences;
(J) identification of and means for replicating
best practices at all levels and in all sectors,
including best practices from the international
community; and
(K) recommendations for overcoming barriers in
foreign language proficiency.
(d) Submission of Strategy to President and Congress.--Not later
than 18 months after the date of enactment of this section, the Council
shall prepare and transmit to the President and the relevant committees
of Congress the strategy required under subsection (c).
(e) Meetings.--The Council may hold such meetings, and sit and act
at such times and places, as the Council considers appropriate, but
shall meet in formal session at least 2 times a year. State and local
government agencies and other organizations (such as academic sector
institutions, foreign language-related interest groups, business
associations, industry, and heritage community organizations) shall be
invited, as appropriate, to public meetings of the Council at least
once a year.
(f) Staff.--
(1) In general.--The Director may--
(A) appoint, without regard to the provisions of
title 5, United States Code, governing the competitive
service, such personnel as the Director considers
necessary; and
(B) compensate such personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of that title.
(2) Detail of government employees.--Upon request of the
Council, any Federal Government employee may be detailed to the
Council without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege
(3) Experts and consultants.--With the approval of the
Council, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(4) Travel expenses.--Council members and staff shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Council.
(5) Security clearance.--
(A) In general.--Subject to subparagraph (B), the
appropriate Federal agencies or departments shall
cooperate with the Council in expeditiously providing
to the Council members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements.
(B) Exception.--No person shall be provided with
access to classified information under this section
without the appropriate required security clearance
access.
(6) Compensation.--The rate of pay for any employee of the
Council (including the Director) may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(g) Powers.--
(1) Delegation.--Any member or employee of the Council may,
if authorized by the Council, take any action that the Council
is authorized to take in this section.
(2) Information.--
(A) Council authority to secure.--The Council may
secure directly from any Federal agency such
information, consistent with Federal privacy laws,
including The Family Educational Rights and Privacy Act
(20 U.S.C. 1232g) and Department of Education's General
Education Provisions Act (20 U.S.C. 1232(h)), the
Council considers necessary to carry out its
responsibilities.
(B) Requirement to furnish requested information.--
Upon request of the Director, the head of such agency
shall furnish such information to the Council.
(3) Donations.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(4) Mail.--The Council may use the United States mail in
the same manner and under the same conditions as other Federal
agencies.
(h) Conferences, Newsletter, and Website.--In carrying out this
section, the Council--
(1) may arrange Federal, regional, State, and local
conferences for the purpose of developing and coordinating
effective programs and activities to improve foreign language
education;
(2) may publish a newsletter concerning Federal, State, and
local programs that are effectively meeting the foreign
language needs of the Nation; and
(3) shall create and maintain a website containing
information on the Council and its activities, best practices
on language education, and other relevant information.
(i) Reports.--Not later than 90 days after the date of enactment of
this section, and annually thereafter, the Council shall prepare and
transmit to the President and the relevant committees of Congress a
report that describes--
(1) the activities of the Council;
(2) the efforts of the Council to improve foreign language
education and training; and
(3) impediments to the use of a National Foreign Language
program, including any statutory and regulatory restrictions.
(j) Establishment of a National Language Director.--
(1) In general.--There is established a National Language
Director who shall be appointed by the President. The National
Language Director shall be a nationally recognized individual
with credentials and abilities across the sectors to be
involved with creating and implementing long-term solutions to
achieving national foreign language and cultural competency.
(2) Responsibilities.--The National Language Director
shall--
(A) develop and monitor the implementation of a
national foreign language strategy across all sectors;
(B) establish formal relationships among the major
stakeholders in meeting the needs of the Nation for
improved capabilities in foreign languages and cultural
understanding, including Federal, State, and local
government agencies, academia, industry, labor, and
heritage communities; and
(C) coordinate and lead a public information
campaign that raises awareness of public and private
sector careers requiring foreign language skills and
cultural understanding, with the objective of
increasing interest in and support for the study of
foreign languages among national leaders, the business
community, local officials, parents, and individuals.
(k) Encouragement of State Involvement.--
(1) State contact persons.--The Council shall consult with
each State to provide for the designation by each State of an
individual to serve as a State contact person for the purpose
of receiving and disseminating information and communications
received from the Council.
(2) State interagency councils and lead agencies.--Each
State is encouraged to establish a State interagency council on
foreign language coordination or designate a lead agency for
the State for the purpose of assuming primary responsibility
for coordinating and interacting with the Council and State and
local government agencies as necessary.
(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section. | Establishes the National Foreign Language Coordination Council to develop and implement a national foreign language strategy. Includes heads of certain federal agencies as members of the Council.
Establishes a National Language Director, to be appointed by the President, to: (1) chair the Council; (2) develop and oversee implementation of the strategy; (3) establish formal relationships among major stakeholders, including federal, state, and local government agencies, academia, industry, labor, and heritage communities; and (4) coordinate and lead a public information campaign.
Requires the Council to consult with states to provide for designation of state contact persons. Encourages formation of state interagency councils, or designation of state lead agencies, to coordinate with the Council and state and local agencies. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``CJ's Home Protection Act of 2007''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) nearly 20,000,000 Americans live in manufactured homes,
which often provide a more accessible and affordable way for
many families to buy their own homes;
(2) manufactured housing plays a vital role in providing
housing for low- and moderate-income families in the United
States;
(3) NOAA Weather Radio (NWR) is a nationwide network of
radio stations broadcasting continuous weather information
directly from a nearby National Weather Service (NWS) office,
and broadcasts NWS warnings, watches, forecasts, and other all-
hazard information 24 hours a day;
(4) the operators of manufactured housing communities
should be encouraged to provide a safe place of shelter for
community residents or a plan for the evacuation of community
residents to a safe place of shelter within a reasonable
distance of the community for use by community residents in
times of severe weather, including tornados and high winds, and
local municipalities should be encouraged to require approval
of these plans;
(5) the operators of manufactured housing communities
should be encouraged to provide a written reminder semiannually
to all owners of manufactured homes in the manufactured housing
community to replace the batteries in their weather radios; and
(6) weather radio manufacturers should include, in the
packaging of weather radios, a written reminder to replace the
batteries twice each year and written instructions on how to do
so.
SEC. 3. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARD.
Section 604 of the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5403) is amended by adding at
the end the following new subsection:
``(i) Weather Radios.--
``(1) Construction and safety standard.--The Federal
manufactured home construction and safety standards established
by the Secretary under this section shall require that each
manufactured home delivered for sale shall be supplied with a
weather radio inside the manufactured home that--
``(A) is capable of broadcasting emergency
information relating to local weather conditions;
``(B) is equipped with a tone alarm;
``(C) is equipped with Specific Alert Message
Encoding, or SAME technology; and
``(D) complies with Consumer Electronics
Association (CEA) Standard 2009-A (or current revision
thereof) Performance Specification for Public Alert
Receivers.
``(2) Liability protections.--No aspect of the function,
operation, performance, capabilities, or utilization of the
weather radio required under this subsection, or any
instructions related thereto, shall be subject to the
requirements of section 613 or 615 or any regulations
promulgated by the Secretary pursuant to the authority under
such sections.''.
SEC. 4. ESTABLISHMENT.
Not later than the expiration of the 90-day period beginning on the
date of the enactment of this Act, the consensus committee established
pursuant to section 604(a)(3) of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5304(a)(3))
shall develop and submit to the Secretary of Housing and Urban
Development a proposed Federal manufactured home construction and
safety standard required under section 604(i) of such Act (as added by
the amendment made by section 3 of this Act). Notwithstanding section
604(a)(5)(B) of such Act, the Secretary of Housing and Urban
Development shall issue a final order promulgating the standard
required by such section 604(i) not later than the expiration of the
90-day period beginning upon receipt by the Secretary of the proposed
standard developed and submitted by the consensus committee.
SEC. 5. STUDY.
The Secretary of Housing and Urban Development shall conduct of
study regarding conditioning the applicability of the requirement under
the amendment made by section 3 of this Act (relating to supplying
weather radios in manufactured homes) on the geographic location at
which a manufactured home is placed, but only to the extent that such
requirement applies to new manufactured homes and new site-built homes.
In conducting such study and making determinations under to the study,
the Secretary shall take into consideration severe weather conditions,
such as high winds and flooding, and wind zones and other severe
weather data available from the National Weather Service. Not later
than the expiration of the 18-month period beginning on the date of the
enactment of this Act, the Secretary shall complete the study and
submit a report regarding the results of the study to the Committee on
Financial Services of the House of Representatives and to the Committee
on Banking, Housing, and Urban Affairs of the Senate.
Passed the House of Representatives October 30, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | CJ's Home Protection Act of 2007 - Requires the consensus committee established under the National Manufactured Housing Construction and Safety Standards Act of 1974, within 90 days of enactment of this Act, to develop and submit to the Secretary of Housing and Urban Development proposed federal manufactured home construction and safety standards. Requires the Secretary to issue a final order promulgating the standard within 90 days after receiving the proposal.
Amends the Act to require such standards to require each manufactured home delivered for sale to be supplied with a weather radio: (1) capable of broadcasting emergency information relating to local weather conditions; (2) equipped with a tone alarm and Specific Alert Message Encoding, or SAME technology; and (3) compliant with the Consumer Electronics Association (CEA) Standard 2009-A Performance Specification for Public Alert Receivers (or its current revision).
Exempts any aspect of the function, operation, performance, capabilities, or utilization of such weather radio or any related instructions from certain requirements regarding: (1) noncompliance with standards or defective nature of manufactured homes; (2) notification and correction of defects by such manufacturers; or (3) the Secretary's regulations pursuant to the authority under such Act.
Requires the Secretary to study and report to specified congressional committees on conditioning the applicability of the requirement to supply weather radios in manufactured homes on the geographic location at which a manufactured home is placed, but only to the extent that such requirement applies to new manufactured homes and new site-built homes. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Task Force to Combat Opioid
Trafficking Act of 2018''.
SEC. 2. AUTHORIZATION OF JOINT TASK FORCE TO COUNTER OPIOIDS.
(a) In General.--Section 708(b) of the Homeland Security Act of
2002 (6 U.S.C. 348(b)) is amended--
(1) in paragraph (2)(A), by adding at the end the following
new clause:
``(iv) Enhancing the integration of the
Department's border security operations to
detect, interdict, disrupt, and prevent
narcotics, such as fentanyl and other synthetic
opioids, from entering the United States.'';
(2) by redesignating paragraphs (9) through (13) as
paragraphs (11) through (15), respectively; and
(3) by inserting after paragraph (8) the following new
paragraphs:
``(9) Engagement with the private sector.--
``(A) In general.--The Director of a Joint Task
Force may engage with representatives from a private
sector organization for the purpose of carrying out the
mission of such Joint Task Force, and any such
engagement shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(B) Assistance from private sector.--
``(i) In general.--Notwithstanding
subsection (b)(1), the Secretary, with the
agreement of a private sector organization, may
arrange for the temporary assignment of
employees of the organization to the Joint Task
Force in accordance with this paragraph.
``(ii) Application of ethics rules.--An
employee of a private sector organization
assigned under clause (i)--
``(I) shall be deemed to be a
special government employee for
purposes of Federal law, including
chapter 11 of title 18, United States
Code, and the Ethics in Government Act
of 1978 (5 U.S.C. App.); and
``(II) notwithstanding section
202(a) of title 18, United States Code,
may be assigned to the Joint Task Force
for a period of not longer than 2
years.
``(C) No financial liability.--Any agreement under
this paragraph shall require the private sector
organization concerned to be responsible for all costs
associated with the assignment of an employee under
this paragraph.
``(D) Duration.--An assignment under this paragraph
may, at any time and for any reason, be terminated by
the Secretary or the private sector organization
concerned and shall be for a total period of not more
than 2 years.
``(10) Collaboration with task forces outside dhs.--The
Secretary may enter into a memorandum of understanding by which
a Joint Task Force established under this section to carry out
any purpose specified in paragraph (2)(A) and any other
Federal, State, local, tribal, territorial, or international
task force established for a similar purpose may collaborate
for the purpose of carrying out the mission of such Joint Task
Force.''.
(b) Technical and Conforming Amendment.--Section 708(c) of the
Homeland Security Act of 2002 (6 U.S.C. 348(c)) is amended by striking
``subsection (b)(10)'' and inserting ``subsection (b)(12)''.
SEC. 3. NOTIFICATION; REPORTING.
(a) Notification.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall--
(1) make a determination regarding whether to establish a
Joint Task Force under section 708 of the Homeland Security Act
of 2002 (6 U.S.C. 348) to carry out the purpose specified in
clause (iv) of subsection (b)(2)(A) of such section, as added
by section 2 of this Act; and
(2) submit to the Committee on Homeland Security of the
House and the Committee on Homeland Security and Governmental
Affairs of the Senate written notification of such
determination, including, if such determination is in the
negative, information on the basis for such negative
determination.
(b) Reporting.--If the Secretary of Homeland Security establishes a
Joint Task Force under section 708 of the Homeland Security Act of 2002
(6 U.S.C. 348) to carry out the purpose specified in clause (iv) of
subsection (b)(2)(A) of such section, as added by section 2 of this
Act, the Secretary shall--
(1) beginning with the first report required under
subsection (b)(6)(F) of such section 708, include with respect
to such a Joint Task Force--
(A) a gap analysis of funding, personnel,
technology, or other resources needed in order to
detect, interdict, disrupt, and prevent narcotics, such
as fentanyl and other synthetic opioids, from entering
the United States; and
(B) a description of collaboration pursuant to
subsection (b)(10) of such section 708 (as added by
section 2 of this Act) between such a Joint Task Force
and any other Federal, State, local, tribal,
territorial, or international task force, including the
United States Postal Service and the United States
Postal Inspection Service; and
(2) in each report required under subsection (b)(11)(C) of
such section 708, as redesignated by section 2 of this Act, an
assessment of the activities of such a Joint Task Force,
including an evaluation of whether such Joint Task Force has
enhanced integration of the Department's efforts, created any
unique capabilities, or otherwise enhanced operational
effectiveness, coordination, or information sharing to detect,
interdict, disrupt, and prevent narcotics, such as fentanyl and
other synthetic opioids, from entering the United States. | Joint Task Force to Combat Opioid Trafficking Act of 2018 This bill amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) to establish a joint task force to enhance DHS border security operations to detect, interdict, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States. The task force may coordinate with the private sector and with other federal, state, local, tribal, territorial, or international task forces and entities. DHS shall determine whether to establish the task force and notify Congress of its determination within 90 days. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug-Free Families Act of 1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The National Institute on Drug Abuse estimates that in
1962, less than 1 percent of the nation's adolescents had ever
tried an illicit drug. By 1979, drug use among young people had
escalated to the highest levels in history: 34 percent of
adolescents (ages 12-17), 65 percent of high school seniors
(age 18), and 70 percent of young adults (ages 18-25) had used
an illicit drug in their lifetime.
(2) Drug use among young people was not confined to initial
trials. By 1979, 16 percent of adolescents, 39 percent of high
school seniors, and 38 percent of young adults had used an
illicit drug in the past month. Moreover, 1 in 9 high school
seniors used marijuana daily.
(3) In 1979, the year the largest number of seniors used
marijuana, their belief that marijuana could hurt them was at
its lowest (35 percent) since surveys have tracked these
measures.
(4) Three forces appeared to be driving this escalation in
drug use among children and young adults. Between 1972 and
1978, a nationwide political campaign conducted by drug
legalization advocates persuaded 11 State legislatures to
``decriminalize'' marijuana. (Many of those States have
subsequently ``recriminalized'' the drug.) Such legislative
action reinforced advocates' assertion that marijuana was
``relatively harmless.''
(5) The decriminalization effort gave rise to the emergence
of ``head shops'' (shops for ``heads,'' or drug users--``coke
heads,'' ``pot heads,'' ``acid heads,'' etc.) which sold drug
paraphernalia--an array of toys, implements, and instructional
pamphlets and booklets to enhance the use of illicit drugs.
Some 30,000 such shops were estimated to be doing business
throughout the nation by 1978.
(6) In the absence of Federal funding for drug education
then, most of the drug education materials that were available
proclaimed that few illicit drugs were addictive and most were
``less harmful'' than alcohol and tobacco and therefore taught
young people how to use marijuana, cocaine, and other illicit
drugs ``responsibly''.
(7) Between 1977 and 1980, 3 national parent drug-
prevention organizations--National Families in Action, PRIDE,
and the National Federation of Parents for Drug-Free Youth (now
called the National Family Partnership)--emerged to help
concerned parents form some 4,000 local parent prevention
groups across the nation to reverse all of these trends in
order to prevent children from using drugs. Their work created
what has come to be known as the parent drug-prevention
movement, or more simply, the parent movement. This movement
set 3 goals: to prevent the use of any illegal drug, to
persuade those who had started using drugs to stop, and to obtain
treatment for those who had become addicted so that they could return
to drug-free lives.
(8) The parent movement pursued a number of objectives to
achieve these goals. First, it helped parents educate
themselves about the harmful effects of drugs, teach that
information to their children, communicate that they expected
their children not to use drugs, and establish consequences if
children failed to meet that expectation. Second, it helped
parents form groups with other parents to set common age-
appropriate social and behavioral guidelines to protect their
children from exposure to drugs. Third, it encouraged parents
to insist that their communities reinforce parents' commitment
to protect children from drug use.
(9) The parent movement stopped further efforts to
decriminalize marijuana, both in the States and at the Federal
level.
(10) The parent movement worked for laws to ban the sale of
drug paraphernalia. If drugs were illegal, it made no sense to
condone the sale of toys and implements to enhance the use of
illegal drugs, particularly when those products targeted
children. As town, cities, counties, and States passed anti-
paraphernalia laws, drug legalization organizations challenged
their Constitutionality in Federal courts until the early
1980's, when the United States Supreme Court upheld Nebraska's
law and established the right of communities to ban the sale of
drug paraphernalia.
(11) The parent movement insisted that drug-education
materials convey a strong no-use message in compliance with
both the law and with medical and scientific information that
demonstrates that drugs are harmful, particularly to young
people.
(12) The parent movement encouraged others in society to
join the drug prevention effort and many did, from First Lady
Nancy Reagan to the entertainment industry, the business
community, the media, the medical community, the educational
community, the criminal justice community, the faith community,
and local, State, and national political leaders.
(13) The parent movement helped to cause drug use among
young people to peak in 1979. As its efforts continued
throughout the next decade, and as others joined parents to
expand the drug-prevention movement, between 1979 and 1992
these collaborative prevention efforts contributed to reducing
monthly illicit drug use by two-thirds among adolescents and
young adults and reduced daily marijuana use among high-school
seniors from 10.7 percent to 1.9 percent. Concurrently, both
the parent movement and the larger prevention movement that
evolved throughout the 1980's, working together, increased high
school seniors' belief that marijuana could hurt them, from 35
percent in 1979 to 79 percent in 1991.
(14) Unfortunately, as drug use declined, most of the 4,000
volunteer parents groups that contributed to the reduction in
drug use disbanded, having accomplished the job they set out to
do. But the absence of active parent groups left a vacuum that
was soon filled by a revitalized drug-legalization movement.
Proponents began advocating for the legalization of marijuana
for medicine, the legalization of all Schedule I drugs for
medicine, the legalization of hemp for medicinal, industrial
and recreational use, and a variety of other proposals, all
designed to ultimately attack, weaken, and eventually repeal
the nation's drug laws.
(15) Furthermore, legalization proponents are also
beginning to advocate for treatment that maintains addicts on
the drugs to which they are addicted (heroin maintenance for
heroin addicts, controlled drinking for alcoholics, etc.), for
teaching school children to use drugs ``responsibly,'' and for
other measures similar to those that produced the drug epidemic
among young people in the 1970's.
(16) During the 1990's, the message embodied in all of this
activity has once again driven down young people's belief that
drugs can hurt them. As a result, the reductions in drug use
that occurred over 13 years reversed in 1992, and adolescent
drug use has more than doubled.
(17) Today's parents are almost universally in the
workplace and do not have time to volunteer. Many families are
headed by single parents. In some families no parents are
available, and grandparents, aunts, uncles, or foster parents
are raising the family's children.
(18) Recognizing that these challenges make it much more
difficult to reach parents today, several national parent and
family drug-prevention organizations have formed the Parent
Collaboration to address these issues in order to build a new
parent and family movement to prevent drug use among children.
(19) Motivating parents and parent groups to coordinate
with local community anti-drug coalitions is a key goal of the
Parent Collaboration, as well as coordinating parent and family
drug-prevention efforts with Federal, State, and local
governmental and private agencies and political, business,
medical and scientific, educational, criminal justice,
religious, and media and entertainment industry leaders.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) build a movement to help parents and families prevent
drug use among their children and adolescents;
(2) help parents and families reduce drug abuse and drug
addiction among adolescents who are already using drugs, and
return them to drug-free lives;
(3) increase young people's perception that drugs are
harmful to their health, well-being, and ability to function
successfully in life;
(4) help parents and families educate society that the best
way to protect children from drug use and all of its related
problems is to convey a clear, consistent, no-use message;
(5) strengthen coordination, cooperation, and collaboration
between parents and families and all others who are interested
in protecting children from drug use and all of its related
problems;
(6) help parents strengthen their families, neighborhoods,
and school communities to reduce risk factors and increase
protective factors to ensure the healthy growth of children;
and
(7) provide resources in the fiscal year 2000 Federal drug
control budget for a grant to the Parent Collaboration to
conduct a national campaign to mobilize today's parents and
families through the provision of information, training,
technical assistance, and other services to help parents and
families prevent drug use among their children and to build a
new parent and family drug-prevention movement.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrative costs.--The term ``administrative
costs'' means those costs that the assigned Federal agency will
incur to administer the grant to the Parent Collaboration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Drug Enforcement Administration.
(3) No-use message.--The term ``no-use message'' means no
use of any illegal drug and no illegal use of any legal drug or
substance that is sometimes used illegally, such as
prescription drugs, inhalants, and alcohol and tobacco for
children and adolescents under the legal purchase age.
(4) Parent collaboration.--The term ``Parent
Collaboration'' means the legal entity, which is exempt from
income taxation under section 501(c)(3) of the Internal Revenue
Code of 1986, established by National Families in Action,
National Asian Pacific American Families Against Substance
Abuse, African American Parents for Drug Prevention, National
Association for Native American Children of Alcoholics, and the
National Hispano/Latino Community Prevention Network and other
groups, that--
(A) have a primary mission of helping parents
prevent drug use, drug abuse, and drug addiction among
their children, their families, and their communities;
(B) have carried out this mission for a minimum of
5 consecutive years; and
(C) base their drug-prevention missions on the
foundation of a strong, no-use message in compliance
with international, Federal, State, and local treaties
and laws that prohibit the possession, production,
cultivation, distribution, sale, and trafficking in
illegal drugs;
in order to build a new parent and family movement to prevent
drug use among children and adolescents.
SEC. 5. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT PROGRAM.
(a) In General.--The Administrator shall make a grant to the
Parents Collaboration to conduct a national campaign to build a new
parent and family movement to help parents and families prevent drug
abuse among their children.
(b) Termination.--The period of the grant under this section shall
be 5 years.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act, $5,000,000 for each of fiscal years 2000 through 2004 for
a grant to the Parent Collaboration to conduct the national campaign to
mobilize parents and families.
(b) Administrative Costs.--Not more than 5 percent of the total
amount made available under subsection (a) in each fiscal year may be
used to pay administrative costs of the Parent Collaboration. | Authorizes appropriations. Limits administrative costs to five percent. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deadly Driver Reduction and Burton
H. Greene Memorial Act''.
SEC. 2. MINIMUM SENTENCE FOR A PERSON WHO OPERATES A MOTOR VEHICLE
WHILE ALCOHOL-IMPAIRED.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 162. National minimum sentence for a person who operates a motor
vehicle while alcohol-impaired
``(a) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 2001.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of sections 104(b)(1), 104(b)(3), and 104(b)(5)(B)
on October 1, 2000, if the State does not meet the requirement
of paragraph (3) on such date.
``(2) Thereafter.--The Secretary shall withhold 10 percent
(including any amounts withheld under paragraph (1)) of the
amount required to be apportioned to any State under each of
sections 104(b)(1), 104(b)(3), and 104(b)(5)(B) on October 1,
2001, and on October 1 of each fiscal year thereafter, if the
State does not meet the requirement of paragraph (3) on such
date.
``(3) Requirement.--A State meets the requirement of this
paragraph if the State has enacted and is enforcing a law which
provides for a minimum sentence consistent with the following:
``(A) In the case of the first conviction of a
person of operating a motor vehicle while under the
influence of alcohol, revocation of the person's
driver's license for 6 months.
``(B) In the case of the second conviction of a
person of operating a motor vehicle while alcohol-
impaired, revocation of the person's driver's license
for 1 year.
``(C) In the case of the third or subsequent
conviction of a person of operating a motor vehicle
while alcohol-impaired, permanent revocation of the
person's driver's license.
A revocation pursuant to this paragraph shall not be subject to
any exception or condition, including an exception or condition
to avoid hardship to any individual.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--
``(A) Funds withheld on or before september 30,
2002.--Any funds withheld under subsection (a) from
apportionment to any State on or before September 30,
2002, shall remain available until the end of the third
fiscal year following the fiscal year for which such
funds are authorized to be appropriated.
``(B) Funds withheld after september 30, 2002.--No
funds withheld under this section from apportionment to
any State after September 30, 2002, shall be available
for apportionment to such State.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirement of subsection (a)(3), the Secretary
shall, on the first day on which the State meets such
requirement, apportion to the State the funds withheld under
subsection (a) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2) shall
remain available for expenditure until the end of the third
fiscal year following the fiscal year in which such funds are
so apportioned. Sums not obligated at the end of such period
shall lapse or, in the case of funds apportioned under section
104(b)(5)(B), shall lapse and be made available by the
Secretary for projects in accordance with section 118.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirement of
subsection (a)(3), such funds shall lapse or, in the case of
funds withheld from apportionment under section 104(b)(5)(B),
such funds shall lapse and be made available by the Secretary
for projects in accordance with section 118.''.
(b) Clerical amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``162. National minimum sentence for a person who operates a motor
vehicle while under the influence of
alcohol.''. | Deadly Driver Reduction and Burton H. Greene Memorial Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2001, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences for operation of a motor vehicle while under the influence of alcohol: (1) revocation of driver's license for six months, in the case of a first conviction; (2) revocation for one year, in the case of a second conviction; and (3) permanent revocation, in the case of a third or subsequent conviction. Allows funds withheld from a State during FY 2001 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helium Privatization Act of 1996''.
SEC. 2. AMENDMENT OF HELIUM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Helium Act (50 U.S.C.
167 to 167n).
SEC. 3. AUTHORITY OF SECRETARY.
Sections 3, 4, and 5 are amended to read as follows:
``SEC. 3. AUTHORITY OF SECRETARY.
``(a) Extraction and Disposal of Helium on Federal Lands.--
``(1) In general.--The Secretary may enter into agreements
with private parties for the recovery and disposal of helium on
Federal lands upon such terms and conditions as the Secretary
deems fair, reasonable, and necessary.
``(2) Leasehold rights.--The Secretary may grant leasehold
rights to any such helium.
``(3) Limitation.--The Secretary may not enter into any
agreement by which the Secretary sells such helium other than
to a private party with whom the Secretary has an agreement for
recovery and disposal of helium.
``(4) Regulations.--Agreements under paragraph (1) may be
subject to such regulations as may be prescribed by the
Secretary.
``(5) Existing rights.--An agreement under paragraph (1)
shall be subject to any rights of any affected Federal oil and
gas lessee that may be in existence prior to the date of the
agreement.
``(6) Terms and conditions.--An agreement under paragraph
(1) (and any extension or renewal of an agreement) shall
contain such terms and conditions as the Secretary may consider
appropriate.
``(7) Prior agreements.--This subsection shall not in any
manner affect or diminish the rights and obligations of the
Secretary and private parties under agreements to dispose of
helium produced from Federal lands in existence on the date of
enactment of the Helium Privatization Act of 1996 except to the
extent that such agreements are renewed or extended after that
date.
``(b) Storage, Transportation, and Sale.--The Secretary may store,
transport, and sell helium only in accordance with this Act.
``SEC. 4. STORAGE, TRANSPORTATION, AND WITHDRAWAL OF CRUDE HELIUM.
``(a) Storage, Transportation, and Withdrawal.--The Secretary may
store, transport, and withdraw crude helium and maintain and operate
crude helium storage facilities, in existence on the date of enactment
of the Helium Privatization Act of 1996 at the Bureau of Mines
Cliffside Field, and related helium transportation and withdrawal
facilities.
``(b) Cessation of Production, Refining, and Marketing.--Not later
than 18 months after the date of enactment of the Helium Privatization
Act of 1996, the Secretary shall cease producing, refining, and
marketing refined helium and shall cease carrying out all other
activities relating to helium which the Secretary was authorized to
carry out under this Act before the date of enactment of the Helium
Privatization Act of 1996, except activities described in subsection
(a).
``(c) Disposal of Facilities.--
``(1) In general.--Subject to paragraph (5), not later than
24 months after the cessation of activities referred to in
subsection (b) of this section, the Secretary shall designate
as excess property and dispose of all facilities, equipment,
and other real and personal property, and all interests
therein, held by the United States for the purpose of
producing, refining and marketing refined helium.
``(2) Applicable law.--The disposal of such property shall
be in accordance with the Federal Property and Administrative
Services Act of 1949.
``(3) Proceeds.--All proceeds accruing to the United States
by reason of the sale or other disposal of such property shall
be treated as moneys received under this chapter for purposes
of section 6(f).
``(4) Costs.--All costs associated with such sale and
disposal (including costs associated with termination of
personnel) and with the cessation of activities under
subsection (b) shall be paid from amounts available in the
helium production fund established under section 6(f).
``(5) Exception.--Paragraph (1) shall not apply to any
facilities, equipment, or other real or personal property, or
any interest therein, necessary for the storage,
transportation, and withdrawal of crude helium or any
equipment, facilities, or other real or personal property,
required to maintain the purity, quality control, and quality
assurance of crude helium in the Bureau of Mines Cliffside
Field.
``(d) Existing Contracts.--
``(1) In general.--All contracts that were entered into by
any person with the Secretary for the purchase by the person
from the Secretary of refined helium and that are in effect on
the date of the enactment of the Helium Privatization Act of
1996 shall remain in force and effect until the date on which
the refining operations cease, as described in subsection (b).
``(2) Costs.--Any costs associated with the termination of
contracts described in paragraph (1) shall be paid from the
helium production fund established under section 6(f).
``SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITHDRAWAL.
``(a) In General.--Whenever the Secretary provides helium storage
withdrawal or transportation services to any person, the Secretary
shall impose a fee on the person to reimburse the Secretary for the
full costs of providing such storage, transportation, and withdrawal.
``(b) Treatment.--All fees received by the Secretary under
subsection (a) shall be treated as moneys received under this Act for
purposes of section 6(f).''.
SEC. 4. SALE OF CRUDE HELIUM.
(a) Subsection 6(a) is amended by striking ``from the Secretary''
and inserting ``from persons who have entered into enforceable
contracts to purchase an equivalent amount of crude helium from the
Secretary''.
(b) Subsection 6(b) is amended--
(1) by inserting ``crude'' before ``helium''; and
(2) by adding the following at the end: ``Except as may be
required by reason of subsection (a), sales of crude helium
under this section shall be in amounts as the Secretary
determines, in consultation with the helium industry, necessary
to carry out this subsection with minimum market disruption.''.
(c) Subsection 6(c) is amended--
(1) by inserting ``crude'' after ``Sales of''; and
(2) by striking ``together with interest as provided in
this subsection'' and all that follows through the end of the
subsection and inserting ``all funds required to be repaid to
the United States as of October 1, 1995 under this section
(referred to in this subsection as `repayable amounts'). The
price at which crude helium is sold by the Secretary shall not
be less than the amount determined by the Secretary by--
``(1) dividing the outstanding amount of such repayable
amounts by the volume (in million cubic feet) of crude helium
owned by the United States and stored in the Bureau of Mines
Cliffside Field at the time of the sale concerned, and
``(2) adjusting the amount determined under paragraph (1)
by the Consumer Price Index for years beginning after December
31, 1995.''.
(d) Subsection 6(d) is amended to read as follows:
``(d) Extraction of Helium From Deposits on Federal Lands.--All
moneys received by the Secretary from the sale or disposition of helium
on Federal lands shall be paid to the Treasury and credited against the
amounts required to be repaid to the Treasury under subsection (c).''.
(e) Subsection 6(e) is repealed.
(f) Subsection 6(f) is amended--
(1) by striking ``(f)'' and inserting ``(e)(1)''; and
(2) by adding the following at the end:
``(2)(A) Within 7 days after the commencement of each fiscal year
after the disposal of the facilities referred to in section 4(c), all
amounts in such fund in excess of $2,000,000 (or such lesser sum as the
Secretary deems necessary to carry out this Act during such fiscal
year) shall be paid to the Treasury and credited as provided in
paragraph (1).
``(B) On repayment of all amounts referred to in subsection (c),
the fund established under this section shall be terminated and all
moneys received under this Act shall be deposited in the general fund
of the Treasury.''.
SEC. 5. ELIMINATION OF STOCKPILE.
Section 8 is amended to read as follows:
``SEC. 8. ELIMINATION OF STOCKPILE.
``(a) Stockpile Sales.--
``(1) Commencement.--Not later than January 1, 2005, the
Secretary shall commence offering for sale crude helium from
helium reserves owned by the United States in such amounts as
would be necessary to dispose of all such helium reserves in
excess of 600,000,000 cubic feet on a straight-line basis
between such date and January 1, 2015.
``(2) Times of sale.--The sales shall be at such times
during each year and in such lots as the Secretary determines,
in consultation with the helium industry, to be necessary to
carry out this subsection with minimum market disruption.
``(3) Price.--The price for all sales under paragraph (1),
as determined by the Secretary in consultation with the helium
industry, shall be such price as will ensure repayment of the
amounts required to be repaid to the Treasury under section
6(c).
``(b) Discovery of Additional Reserves.--The discovery of
additional helium reserves shall not affect the duty of the Secretary
to make sales of helium under subsection (a).''.
SEC. 6. REPEAL OF AUTHORITY TO BORROW.
Sections 12 and 15 are repealed.
SEC. 7. LAND CONVEYANCE IN POTTER COUNTY, TEXAS.
(a) In General.--The Secretary of the Interior shall transfer all
right, title, and interest of the United States in and to the parcel of
land described in subsection (b) to the Texas Plains Girl Scout Council
for consideration of $1, reserving to the United States such easements
as may be necessary for pipeline rights-of-way.
(b) Land Description.--The parcel of land referred to in subsection
(a) is all those certain lots, tracts or parcels of land lying and
being situated in the County of Potter and State of Texas, and being
the East Three Hundred Thirty-One (E331) acres out of Section Seventy-
eight (78) in Block Nine (9), B.S. & F. Survey, (some times known as
the G.D. Landis pasture) Potter County, Texas, located by certificate
No. 1/39 and evidenced by letters patents Nos. 411 and 412 issued by
the State of Texas under date of November 23, 1937, and of record in
Vol. 66A of the Patent Records of the State of Texas. The metes and
bounds description of such lands is as follows:
(1) First tract.--One Hundred Seventy-one (171) acres of
land known as the North part of the East part of said survey
Seventy-eight (78) aforesaid, described by metes and bounds as
follows:
Beginning at a stone 20 x 12 x 3 inches marked X,
set by W.D. Twichell in 1905, for the Northeast corner
of this survey and the Northwest corner of Section 59;
Thence, South 0 degrees 12 minutes East with the
West line of said Section 59, 999.4 varas to the
Northeast corner of the South 160 acres of East half of
Section 78;
Thence, North 89 degrees 47 minutes West with the
North line of the South 150 acres of the East half,
956.8 varas to a point in the East line of the West
half Section 78;
Thence, North 0 degrees 10 minutes West with the
East line of the West half 999.4 varas to a stone 18 x
14 x 3 inches in the middle of the South line of
Section 79;
Thence, South 89 degrees 47 minutes East 965 varas
to the place of beginning.
(2) Second tract.--One Hundred Sixty (160) acres of land
known as the South part of the East part of said survey No.
Seventy-eight (78) described by metes and bounds as follows:
Beginning at the Southwest corner of Section 59, a
stone marked X and a pile of stones; Thence, North 89
degrees 47 minutes West with the North line of Section
77, 966.5 varas to the Southeast corner of the West
half of Section 78; Thence, North 0 degrees 10 minutes
West with the East line of the West half of Section 78;
Thence, South 89 degrees 47 minutes East 965.8
varas to a point in the East line of Section 78;
Thence, South 0 degrees 12 minutes East 934.6 varas
to the place of beginning.
Containing an area of 331 acres, more or less.
SEC. 8. REPORT ON HELIUM.
(a) Not later than three years before the date on which the
Secretary commences offering for sale crude helium under section 8, the
Secretary shall enter into appropriate arrangements with the National
Academy of Sciences to study and report on whether such disposal of
helium reserves will have a substantial adverse effect on United States
scientific, technical, biomedical, or national security interests.
(b) Not later than 18 months before the date on which the Secretary
commences offering for sale crude helium under section 8, the Secretary
shall transmit to the Congress--
(1) the report of the National Academy under subsection (a);
(2) the findings of the Secretary, after consideration of the
conclusions of the National Academy under subsection (a) and
after consultation with the United States helium industry and
with heads of affected Federal agencies, as to whether the
disposal of the helium reserve under section 8 will have a
substantial adverse effect on the United States helium
industry, United States, helium market or United States,
scientific, technological, biomedical, or national security
interests; and
(3) if the Secretary determines that selling the crude
helium reserves under the formula established in section 8 will
have a substantial adverse effect on the United States helium
industry, the United States helium market or United States
scientific, technological, biomedical, or national security
interest, the Secretary shall make recommendations, including
recommendations for proposed legislation, as may be necessary
to avoid such adverse effects.
Passed the House of Representatives April 30, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Helium Privatization Act of 1996 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field.
Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities.
Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services.
Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Requires the Secretary to make crude helium sales in amounts that will cause minimum market disruption. Mandates that proceeds from helium sales be paid to the Treasury.
(Sec. 5) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act.
(Sec. 7) Directs the Secretary of the Interior to convey to the Texas Plains Girl Scout Council for consideration of one dollar specified lands in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way.
(Sec. 8) Directs the Secretary to: (1) enter into arrangements with the National Academy of Sciences to study and report to the Congress on whether disposal of helium reserves (including crude helium reserves) will have a substantial adverse effect upon U.S. scientific, technical, biomedical, or national security interests; (2) determine whether disposal of the helium reserve will have a substantial adverse effect on the U.S. helium industry, the U.S. helium market or such interests; and (3) if the Secretary determines that selling the crude helium reserves will have a substantial adverse effect on the industry, market, or such interests, make recommendations to the Congress, including proposed legislation, necessary to avoid such effects. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Private Sector Encouragement
Act of 2010''.
SEC. 2. PURPOSES.
The purposes of this Act are to promote--
(1) development of the Haitian private sector, including
small business, the agriculture sector, and joint ventures with
the United States and host country participants, and
(2) policies and practices conducive to private sector
development in Haiti,
through loans, grants, equity investments, feasibility studies,
technical assistance, training, insurance, guarantees, and other
measures.
SEC. 3. DESIGNATION OF HAITIAN-AMERICAN ENTERPRISE FUND.
(a) Designation.--The President is authorized to designate one
private, nonprofit organization established under State law as eligible
to receive funds and support under this Act upon a determination by the
President that the organization has been established for the purposes
described in section 2. For purposes of this Act, the organization so
designated shall be referred to as the ``Haitian-American Enterprise
Fund''.
(b) Consultation With Congress.--Before designating an organization
under subsection (a), the President shall consult with--
(1) the majority leader and minority leader of the Senate;
and
(2) the Speaker and minority leader of the House of
Representatives.
(c) Additional Requirements.--Except to the extent inconsistent
with the provisions of this Act, paragraphs (3) through (5) of section
201(d) of the Support for East European Democracy (SEED) Act of 1989
(22 U.S.C. 5421(d)) shall apply to the Haitian-American Enterprise Fund
to the same extent and in the same manner as such paragraphs apply to
the Polish-American Enterprise Fund, the Hungarian-American Enterprise
Fund, the Southern Africa Enterprise Development Fund, and other
similarly situated enterprise funds established by the United States
Government.
SEC. 4. GRANT TO HAITIAN-AMERICAN ENTERPRISE FUND.
(a) In General.--The President, acting through the Administrator of
the United States Agency for International Development, shall, from
amounts appropriated pursuant to the authorization of appropriations
under section 7, provide a grant to the Haitian-American Enterprise
Fund, which shall be used to--
(1) carry out the purposes described in section 2,
including to promote the policies and practices described in
subsection (b); and
(2) pay the administrative expenses of the Enterprise Fund.
(b) Policies and Practices.--The policies and practices referred to
in subsection (a)(1) are policies and practices conducive to the
development of private property rights for the citizens of Haiti,
particularly Haitian citizens of limited economic means, through
integration of extralegal property arrangements employed by some
Haitian citizens into comprehensive modern property recordation systems
that fix the economic potential of assets, integrate disperse ownership
information into one system, hold citizens accountable, make assets
fungible, connect citizens to one another, and protect the integrity of
commercial transactions.
(c) Oversight.--The Administrator of the United States Agency for
International Development shall monitor the activities of the Haitian-
American Enterprise Fund.
SEC. 5. TREATMENT EQUIVALENT TO OTHER ENTERPRISE FUNDS; CONSULTATION
WITH OTHER ENTERPRISE FUNDS.
(a) In General.--Except to the extent inconsistent with the
provisions of this Act, subsections (f) through (p) of section 201 of
the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C.
5421) shall apply to the Haitian-American Enterprise Fund to the same
extent and in the same manner as such subsections apply to the Polish-
American Enterprise Fund, the Hungarian-American Enterprise Fund, the
Southern Africa Enterprise Development Fund, and other similarly
situated enterprise funds established by the United States Government.
(b) Consultation With Other Enterprise Funds.--The Haitian-American
Enterprise Fund may consult extensively with other similarly situated
enterprise funds established by the United States Government in order
to seek out best practices relating to the start-up phase and other
ongoing business matters of the Enterprise Fund.
SEC. 6. HAITIAN-AMERICAN ECONOMIC OVERSIGHT PANEL.
(a) Establishment.--The President is authorized to establish the
Haitian-American Economic Oversight Panel (in this section referred to
as the ``Oversight Panel'').
(b) Duties.--The Oversight Panel shall monitor the activities of
the Haitian-American Enterprise Fund and all other economic development
initiatives of the United States for Haiti.
(c) Membership.--The Oversight Panel shall consist of individuals
appointed by the President after consultation with Congress, from among
United States citizens who are not officers or employees of any
government and who have demonstrated concern and commitment to the
economic development of Haiti.
(d) Report.--The Oversight Panel shall submit to Congress and the
President an annual report on implementation of the Oversight Panel's
duties for the preceding year, including a detailed description of
incidents of waste, fraud, and abuse relating to economic development
initiatives of the United States for Haiti.
(e) Rule of Construction.--Nothing in this section shall be
construed to affect the authorities of the Haitian-American Enterprise
Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President to carry out this Act $240,000,000 for fiscal year 2011.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
(c) Nonapplicability of Other Laws.--Notwithstanding any other
provision of law, amounts appropriated pursuant to the authorization of
appropriations under subsection (a) may be expended by the Haitian-
American Enterprise Fund for the purposes of this Act. | Haitian Private Sector Encouragement Act of 2010 - Authorizes the President to designate one private, nonprofit organization established under state law as the Haitian-American Enterprise Fund, which shall be eligible to receive funds and support under this Act.
Authorizes the President, through the United States Agency for International Development (USAID), to provide a grant to the Fund to promote policies and practices conducive to the development of private property rights for Haitian citizens, particularly citizens of limited economic means, through integration of extralegal property arrangements into property recordation systems that fix the economic potential of assets, integrate ownership information into one system, hold citizens accountable, make assets fungible, and protect commercial transaction integrity.
Directs USAID to monitor Fund activities.
Applies the enterprise fund provisions of the Support for East European Democracy (SEED) Act of 1989 to the Fund in the same manner as such provisions apply to other similar U.S.-established enterprise funds.
Authorizes the President to establish the Haitian-American Economic Oversight Panel to monitor Fund activities and all other U.S. economic development initiatives for Haiti.
Authorizes FY2011 appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. BOUNDARIES OF FORT NECESSITY NATIONAL BATTLEFIELD.
(a) Jumonville Glen Unit.--
(1) Modification of battlefield boundaries.--The boundaries
of the Fort Necessity National Battlefield, Pennsylvania
(referred to in this Act as the ``Battlefield''), are modified
to include the area that comprises approximately 190 acres and
is generally depicted on the map entitled ``Boundary Expansion;
Jumonville Glen Unit, Fort Necessity National Battlefield'',
numbered DSC-336-20043A, and dated July 1991.
(2) Public inspection of map.--The map referred to in
paragraph (1) shall be on file and available for public
inspection in the Office of the Director of the National Park
Service, Department of the Interior.
(3) Modification of unit boundaries.--
(A) In general.--The Secretary of the Interior
(referred to in this Act as the ``Secretary'') may
modify the boundaries of the Jumonville Glen Unit of
the Battlefield as depicted on the map referred to in
paragraph (1) to exclude lands (not to exceed 2 acres)
on which are located principal structures actively used
by the owner of the structures as of July 1, 1991.
(B) Revision of map.--Following a modification in
accordance with subparagraph (A), the Secretary shall
prepare and make available for public inspection in
accordance with paragraph (2) a revised map of the
Jumonville Glen Unit.
(b) Dunbar's Camp Area.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, acting through the
Director of the National Park Service, shall--
(A) conduct such investigations of archaeological
sites in the vicinity of the Jumonville Glen Unit of
the Battlefield as are necessary to more precisely
locate and identify Dunbar's Camp; and
(B) submit a report containing the results of the
investigations to the Committee on Natural Resources of
the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) Further boundary modifications.--The Secretary may
modify the boundaries of the Jumonville Glen Unit of the
Battlefield to include such additional lands (not to exceed 30
acres) as are necessary to preserve and interpret the historic
resources associated with Dunbar's Camp.
SEC. 2. ACQUISITION OF LANDS.
The Secretary of the Interior may acquire lands or interests in
lands within the boundaries of the Battlefield by donation, purchase
with donated or appropriated funds, or exchange.
SEC. 3. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Battlefield in
accordance with the laws generally applicable to units of the national
park system, including--
(1) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(2) the Act entitled ``An Act to provide for the
preservation of historic American sites, buildings, objects,
and antiquities of national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Preservation and Interpretation of Historic Resources.--In
administering the Battlefield, the Secretary shall take such action as
is necessary to preserve and interpret the historic resources
associated with--
(1) the social and military history of the European and
Native American contests for North America;
(2) the social, political, and economic history of the
westward expansion of the American frontier; and
(3) the social, political, and economic history of the
early National Period of the United States.
SEC. 4. COOPERATIVE AGREEMENTS.
(a) In General.--In accordance with subsection (b), the Secretary
shall enter into cooperative agreements with those landowners in
Fayette County, Pennsylvania, whose activities on their properties
could have harmful effects on the Battlefield, the resources within the
Battlefield, and the enjoyment of visitors to the Battlefield.
(b) Assistance.--A cooperative agreement shall be entered into
pursuant to subsection (a) in order to prevent the harmful effects
described in subsection (a) through technical assistance, land use
agreements, or such other means as are agreed upon by the Secretary and
the landowner.
(c) Expenditure of Funds.--The Secretary, acting through the
Director of the National Park Service, may expend Federal funds to
carry out cooperative agreements entered into pursuant to subsection
(a).
SEC. 5. TECHNICAL CORRECTION.
The Act entitled ``An Act to provide for the commemoration of the
Battle of Fort Necessity, Pennsylvania'', approved March 4, 1931 (46
Stat. 1522), is amended by striking ``1757'' and inserting ``1754''. | Expands the boundaries of Fort Necessity National Battlefield, Pennsylvania, to include the Boundary Expansion, Jumonville Glen Unit, Fort Necessity National Battlefield.
Authorizes the Secretary of the Interior to modify the boundaries of the Jumonville Glen Unit (the Unit) to exclude lands (not to exceed two acres) on which principal structures are located that are actively used by the owner as of July 1, 1991.
Directs the Secretary, acting through the Director of the National Park Service, to investigate and report to specified congressional committees on archaeological sites in the vicinity of the Unit in order to locate and identify Dunbar's Camp. Authorizes the Secretary to further modify the boundaries of such Unit (to include additional lands within the battlefield, but not to exceed 30 acres), if necessary to preserve and interpret historic resources associated with the Camp. | billsum_train |
Make a brief summary of the following text: SECTION 1. ESTABLISHMENT OF COMMISSION.
For the purpose of preserving and interpreting for the educational
and inspirational benefit of present and future generations the unique
and significant contribution to our national heritage of certain
historic and cultural lands, waterways, and edifices in the Great Falls
of the Passaic/S.U.M. National Historic District located in the City of
Paterson, State of New Jersey (Alexander Hamilton's laboratory for the
development of industrial America as well as America's first industrial
city) with emphasis on harnessing this unique urban environment for its
educational value as well as for recreation, there is hereby
established the Great Falls Historic District Commission (hereinafter
referred to as the ``Commission''), the purpose of which shall be to
prepare a plan for the preservation, interpretation, development, and
use, by public and private entities, of the historic, cultural, and
architectural resources of the Great Falls of Passaic/S.U.M. National
Historic District in the City of Paterson, State of New Jersey.
SEC. 2. MEMBERS.
(a) In General.--The Commission shall consist of nine members, as
follows:
(1) The Secretary of the Interior, the Secretary of Housing
and Urban Development, the Secretary of Transportation, and the
Secretary of Commerce, all ex officio.
(2) Five members appointed by the Secretary of the
Interior, one of whom shall be the Director of the National
Park Service, two of whom shall be appointed from
recommendations submitted by the Mayor of the City of Paterson,
one of whom shall be appointed from recommendations submitted
by the Board of Chosen Freeholders of the County of Passaic,
New Jersey, and one of whom shall be appointed from
recommendations submitted by the Governor of the State of New
Jersey. The members appointed pursuant to this paragraph shall
have knowledge and experience in one or more of the fields of
history, architecture, the arts, recreation planning, city
planning, or government.
(b) Substitute Members; Compensation.--(1) Each member of the
Commission specified in paragraph (1) of subsection (a) and the
Director of the National Park Service may designate an alternate
official to serve in his stead.
(2) Members appointed pursuant to paragraph (2) of subsection (a)
who are officers or employees of the Federal Government, the City of
Paterson, the County of Passaic, or the State of New Jersey, shall
serve without compensation as such. Other members, when engaged in
activities of the Commission, shall be entitled to compensation at the
rate of not to exceed $100 per diem. All members of the Commission
shall receive reimbursement for necessary travel and subsistence
expenses incurred by them in the performance of the duties of the
Commission.
SEC. 3. ORGANIZATION.
(a) Chairman.--(1) The Commission shall elect a Chairman from among
its members.
(2) Financial and administrative services (including those relating
to budgeting, accounting, financial reporting, personnel, and
procurement) shall be provided for the Commission by the General
Services Administration, for which payments shall be made in advance,
or by reimbursement, from funds of the Commission in such amounts as
may be agreed upon by the Chairman of the Commission and the
Administrator, General Services Administration. The regulations of the
Department of the Interior for the collection of indebtedness of
personnel resulting from erroneous payments shall apply to the
collection of erroneous payments made to or on behalf of a Commission
employee, and regulations of said Secretary for the administrative
control of funds shall apply to appropriations of the Commission. The
Commission shall not be required to prescribe such regulations.
(b) Staff.--The Commission shall have power to appoint and fix the
compensation of such additional personnel as may be necessary to carry
out its duties, without regard to the provisions of the civil service
laws and the Classification Act of 1949.
(c) Temporary and Intermittent Services.--The Commission may also
procure, without regard to the civil service laws and the
Classification Act of 1949, temporary and intermittent services to the
same extent as is authorized for the executive departments by section
15 of the Administrative Expenses Act of 1946, but at rates not to
exceed $100 per diem for individuals.
(d) Facilities and Services.--The members of the Commission
specified in paragraph (1) of section 2(a) shall provide the
Commission, on a reimbursable basis, with such facilities and services
under their jurisdiction and control as may be needed by the Commission
to carry out its duties, to the extent that such facilities and
services are requested by the Commission and are otherwise available
for that purpose. To the extent of available appropriations, the
Commission may obtain, by purchase, rental, donation, or otherwise,
such additional property, facilities, and services as may be needed to
carry out its duties. Upon the termination of the Commission all
property, personal and real, and unexpended funds shall be transferred
to the Department of the Interior.
SEC. 4. PLAN.
It shall be the duty of the Commission to prepare the plan referred
to in section 1, and to submit the plan together with any
recommendations for additional legislation, to the Congress not later
than eighteen months from the effective date of this Act. The plan for
the Great Falls of the Passaic/S.U.M. Historic District shall include
considerations and recommendations, without limitation, regarding--
(1) the objectives to be achieved by the establishment,
development, and operation of the area;
(2) the types of use, both public and private, to be
accommodated;
(3) criteria for the design and appearance of buildings,
facilities, open spaces, and other improvements;
(4) a program for the staging of development;
(5) the anticipated interpretive, cultural, and
recreational programs and uses for the area;
(6) the proposed ownership and operation of all structures,
facilities, and lands;
(7) areas where cooperative agreements may be anticipated;
and
(8) estimates of costs, both public and private, of
implementing and insuring continuing conformance to the plan.
SEC. 5. TERMINATION.
The Commission shall be dissolved (1) upon the termination, as
determined by its members, of need for its continued existence for the
implementation of the plan and the operation or coordination of the
entity established by the plan, or (2) upon expiration of a two-year
period commencing on the effective date of this Act, whereupon the
completed plan has not been submitted to the Congress, whichever occurs
later.
SEC. 6. PROPOSED AUTHORIZATIONS TO BE INCLUDED IN PLAN.
(a) In General.--It is contemplated that the plan to be developed
may propose that the Commission may be authorized to--
(1) acquire lands and interests therein within the Great
Falls of the Passaic/S.U.M. Historic District by purchase,
lease, donation, or exchange;
(2) hold, maintain, use, develop, or operate buildings,
facilities, and any other properties;
(3) sell, lease, or otherwise dispose of real or personal
property as necessary to carry out the plan;
(4) enter into and perform such contracts, leases,
cooperative agreements, or other transactions with any agency
or instrumentality of the United States, the State of New
Jersey, and any governmental unit within its boundaries, or any
person, firm, association, or corporation as may be necessary;
(5) establish (through covenants, regulations, agreements,
or otherwise) such restrictions, standards, and requirements as
are necessary to assure development, maintenance, use, and
protection of the Great Falls of the Passaic/S.U.M. Historic
District in accordance with the plan; and
(6) borrow money from the Treasury of the United States in
such amounts as may be authorized in appropriations Acts on the
basis of obligations issued by the Commission in accordance
with terms and conditions approved by the Secretary of the
Treasury.
(b) Purchase of Obligations.-- The Secretary of the Treasury is
authorized and directed to purchase any such obligations of the
Commission.
SEC. 7. TITLE TO PROPERTY.
Title to property of the Commission shall be in the name of the
Commission, but it shall not be subject to any Federal, State, or
municipal taxes.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not to exceed $200,000 for
the preparation of the plan authorized by this Act. | Establishes the Great Falls Historic District Commission to prepare a plan for the preservation, interpretation, development, and use of the historic, cultural, and architectural resources of the Great Falls of Passaic/S.U.M. National Historic District in Paterson, New Jersey.
Authorizes appropriations for the preparation of the plan. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Procurement Protest Clarification
Act of 1993''.
SEC. 2. SHORT TITLES OF CERTAIN PROVISIONS OF FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES ACT OF 1949.
(a) Automatic Data Processing Equipment Provisions.--Section 111 of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
759) is amended by adding at the end the following new subsection:
``(i) This section may be cited as the `Brooks Automatic Data
Processing Act'.''.
(b) Architectural and Engineering Services Provisions.--Title IX of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
541-544) is amended by adding at the end the following new section:
``SEC. 905. SHORT TITLE.
``This title may be cited as the `Brooks Architect-Engineers
Act'.''.
SEC. 3. REVOCATION OF DELEGATION.
Section 111(b)(3) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(b)(3)) is amended in the third
sentence by striking out the period and inserting in lieu thereof the
following: ``, whether before or after award of a contract. The
authority of the Administrator to revoke a delegation after a contract
award is limited to those circumstances where there is a finding of a
violation of law or regulation.''.
SEC. 4. AUTHORITY OF BOARD.
The first sentence of section 111(f)(1) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(f)(1)) is amended to
read as follows: ``Upon request of an interested party in connection
with any procurement that is subject to this section (including any
such procurement that is subject to delegation of procurement
authority), the board of contract appeals of the General Services
Administration (hereinafter in this subsection referred to as the
`board') shall review, as provided in this subsection, any decision by
a Federal agency that is alleged to violate a statute, a regulation, or
the conditions of any delegation of procurement authority.''.
SEC. 5. DISMISSAL; AWARD OF COSTS.
Section 111(f)(4) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(f)(4)) is amended by striking
subparagraph (C) and inserting the following:
``(C) The board may dismiss a protest that the board determines--
``(i) is frivolous,
``(ii) has been brought in bad faith, or
``(iii) on its face does not state a valid basis for
protest.
``(D) If a party violates or fails to comply in good faith with, or
causes a violation of or failure to comply in good faith with, an order
or decision of the board, the board may construe the open facts of the
case related to the violation against such party.''.
SEC. 6. ENTITLEMENT TO COSTS.
Section 111(f)(5)(C) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(f)(5)(C)) is amended by striking
out ``interested'' and inserting in lieu thereof ``prevailing''.
SEC. 7. DISMISSALS.
Section 111(f)(5) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(f)(5)) is amended by adding at the
end the following new subparagraphs:
``(D) Any agreement that provides for or contemplates the dismissal
of a protest, and involves the direct or indirect expenditure of
appropriated funds, shall be submitted to the board and, subject to
board protective order, made a part of the public record before
dismissal of the protest. Where an agency is a party to a settlement
agreement, the agreement submitted to the board shall be accompanied by
a memorandum, signed by the contracting officer, describing in detail
the procurement; the grounds for protest; the Government's position
regarding the grounds for protest; the terms of the settlement; and the
agency's position regarding the propriety of the award or proposed
award of the contract at issue in the protest.
``(E) Payment of amounts due from an agency under subparagraph (C)
or under the terms of a settlement agreement under subparagraph (D)
shall be made from the appropriation made by section 1304 of title 31,
United States Code, for the payment of judgments, and the agency shall
reimburse that appropriation account out of funds available for the
procurement.''.
SEC. 8. DEFINITIONS.
(a) Protest.--Section 111(f)(9)(A) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(f)(9)(A)) is amended
to read as follows:
``(A) the term `protest' means a written objection by an
interested party--
``(i) to a solicitation or other request by a
Federal agency for bids, proposals, or offers for a
contract for the procurement of property or services;
``(ii) to the cancellation of such a solicitation
or other request;
``(iii) to an award or proposed award of such a
contract; or
``(iv) to a termination or cancellation of an award
of such a contract, if that termination or cancellation
was in whole or in part based on actual or alleged
improprieties concerning the award of the contract;''.
(b) Interested Party.--(1) Section 111(f)(9)(B) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759(f)(9)(B)) is amended to read as follows:
``(B) the term `interested party' means--
``(i) with respect to a contract or proposed
contract described in subparagraph (A), an actual or
prospective bidder or offeror for that particular
contract or proposed contract, including a contract
awardee as intervenor, whose economic interest would be
affected, as determined by the board--
``(I) by the action which is the subject of
the protest; and
``(II) by any relief that the board may
order; or
``(ii) with respect to a solicitation or other
request by a Federal agency for bids, proposals or
offers described in subparagraph (A), a vendor whose
economic interest would be affected, as determined by
the board, by specifications in the solicitation or
other request for bids, proposals, or offers that are
alleged to be restrictive of competition; and''.
(2)(A) Section 111(f)(9)(B)(ii) of the Federal Property and
Administrative Services Act of 1949, as added by paragraph (1) of this
subsection (relating to the definition of an interested party) is
amended to read as follows:
``(ii) with respect to a solicitation or other request by a
Federal agency for bids, proposals or offers described in
subparagraph (A), a prospective bidder or offeror whose
economic interest would be affected, as determined by the
board, by specifications in the solicitation or other requests
for bids, proposals, or offers that are alleged to be
restrictive of competition; and''.
(B) The amendment made by subparagraph (A) shall be effective on
and after the date occurring 3 years after the date of the enactment of
this Act.
(3) No later than 42 months after the date of the enactment of this
Act, the Comptroller General shall conduct a study and submit a report
to the Committee on Governmental Affairs of the Senate and the
Committee of Government Operations of the House of Representatives on
the experiences of the Board of Contract Appeals of the General
Services Administration in applying the provisions of section
111(f)(9)(B)(ii) of the Federal Property and Administrative Services
Act of 1949. The comments of such board shall be included in such
report.
(c) Prevailing Party.--Section 111(f)(9) of the Federal Property
and Administrative Services Act of 1949 is further amended by adding at
the end thereof the following new subparagraph:
``(C) the term `prevailing party' means a party which
succeeds in demonstrating that a challenged agency action
violates a statute or regulation or the conditions of any
delegation of procurement authority issued pursuant to this
section, thereby resulting in a determination by the board
under paragraph (5)(B).''.
SEC. 9. OVERSIGHT OF ACQUISITION OF AUTOMATIC DATA PROCESSING EQUIPMENT
BY FEDERAL AGENCIES.
Section 111 of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 759), as amended by this Act, is further amended by
inserting after subsection (g) the following new subsection:
``(h)(1) The Administrator shall collect and compile data regarding
the procurement of automatic data processing equipment under this
section. That data shall include, at a minimum, with regard to each
procurement--
``(A) the procuring agency;
``(B) the contractor;
``(C) the automatic data processing equipment and services
procured;
``(D) the manufacturer of the equipment procured;
``(E) the amount of the contract to the extent that the
amount is not proprietary information;
``(F) the type of contract used;
``(G) the extent of competition for award;
``(H) compatibility restrictions;
``(I) significant modifications of the contract; and
``(J) contract price to the extent that the price is not
proprietary information.
``(2) The head of each Federal agency shall report to the
Administrator in accordance with regulations issued by the
Administrator all information required to be compiled by the
Administrator under paragraph (1).
``(3) The Administrator shall--
``(A) carry out a systematic review and conduct periodic
audits of information received under this subsection;
``(B) use such information as appropriate to determine the
compliance of Federal agencies with the requirements of this
section; and
``(C) have the option to suspend the delegation to an
agency of authority to lease and purchase automatic data
processing equipment upon any failure by the head of the agency
to report to the Administrator in accordance with this
subsection.''.
SEC. 10. POST-AWARD DEBRIEFINGS.
(a) Amendment to Office of Federal Procurement Policy Act.--The
Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
amended by adding at the end thereof the following new section:
``SEC. 29. POST-AWARD DEBRIEFINGS.
``(a) Debriefing.--When a contract is awarded on a basis other than
price alone, unsuccessful offerors, upon their written request, shall
be debriefed and furnished the basis for the selection decision and
contract award. Unsuccessful offerors shall request such debriefing
within 10 days after the contract award. Agencies shall debrief such
offerors within 10 days of such a request. Where such an offeror
requests such a debriefing, the time period for a protesting party to
obtain a suspension of the Administrator's procurement authority or
delegation of procurement authority under section 111(f)(2) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
759(f)(2)) shall be deemed to commence with the conduct of the
debriefing.
``(b) Information Provided.--A debriefing under subsection (a)
shall provide to the offeror requesting the debriefing--
``(1) the Government's evaluation of the significant weak
or deficient factors in the offeror's proposal;
``(2) the overall evaluated cost of the awardee and of the
debriefed offeror;
``(3) the overall ranking of all offerors, and the total
technical and cost scores of all offerors;
``(4) a synopsis of the rationale for the award;
``(5) in the case of a proposal that incorporates
commercially available equipment, the make and model of
commercially available equipment incorporated in the proposal
of the awardee; and
``(6) reasonable responses to questions posed by the
debriefed offeror as to whether source selection procedures set
forth in the solicitation, the source selection plan,
applicable regulations, and other applicable authorities were
followed by the Government.
``(c) Information Not Provided.--A debriefing under subsection (a)
shall not make point-by-point comparisons with other offerors'
proposals and shall not disclose any information that is not subject to
disclosure under section 552 of title 5, United States Code, including
information relating to--
``(1) trade secrets;
``(2) privileged or confidential manufacturing processes
and techniques; and
``(3) commercial and financial information that is
privileged or confidential, including cost breakdowns, profit,
indirect cost rates, and similar information.
``(d) Notification of Disclosure.--Each solicitation shall notify
participating offerors that the categories of information described in
subsection (b) may be disclosed by the Government in post-award
debriefings.
``(e) Post-Award Information.--If, within 12 months after an award,
as a result of a successful procurement protest or otherwise, the
agency seeks to fulfill the requirement under the awarded contract
through either a new round of proposals or best and final offers from
among the original offerors, the agency shall provide to each such
offeror--
``(1) all information provided in debriefings under this
section regarding the winning vendor's proposal; and
``(2) all comparable information with respect to those
offerors.
``(f) Contract File.--The contracting officer shall include a
summary of the debriefing in the contract file.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 270 days after the date of the enactment of this Act.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall take effect 90 days after the date of the enactment of
this Act. | Procurement Protest Clarification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to: (1) designate FPASA provisions regarding automatic data processing equipment and architectural and engineering services as, respectively, the Brooks Automatic Data Processing Act (BADPA) and Brooks Architect-Engineers Act; (2) revise various BADPA provisions, including those concerning the authority of the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority before or after a contract award, and of the GSA board of contract appeals to review certain violations; and (3) provide for GSA oversight of Federal agency acquisition of automatic data processing equipment and for post-award debriefings. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Thinking, Collaboration,
Communication, and Creativity for Careers Act'' or the ``Four C's for
Careers Act''.
SEC. 2. DELIVERING HIGH-QUALITY CAREER AND TECHNICAL EDUCATION
OPPORTUNITIES.
Section 135 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2355) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``an industry,
which may include work-based learning experiences;''
and inserting ``a range of industries identified
through effective and sustained business and community
partnerships, including work-based learning
experiences;'';
(B) in paragraph (5)--
(i) by inserting ``induction programs (as
the term is defined in section 200 of the
Higher Education Act of 1965 (20 U.S.C. 1021)),
as well as preparation and'' after ``provide'';
and
(ii) in subparagraph (A)--
(I) in clause (iii) by striking ``;
and'' and inserting a semicolon; and
(II) by adding at the end the
following:
``(v) teaching high-quality dual and
concurrent enrollment career and technical
education programs that are designed to expand
opportunities for students to earn
postsecondary credit and relevant
certifications;
``(vi) encouraging best practices among
communities of practitioners, including using
blended learning programs (as such term is
defined in section 4102 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7112)); and
``(vii) strategies for improving the
critical thinking, communications,
collaboration, and creativity skills of
students participating in career and technical
education programs;'';
(C) in paragraph (7), by inserting ``, such as
developing and using open educational resources and
creating physical environments that support student
engagement'' after ``relevant technology'';
(D) in paragraph (8) by striking ``and'' at the
end;
(E) in paragraph (9) by striking the period and
inserting a semicolon; and
(F) by adding at the end the following new
paragraphs:
``(10) train career guidance and academic counselors to
effectively use labor market information in assisting students
with postsecondary education and career planning;
``(11) support public private partnerships designed to
provide students with the credentials and skills required to
secure employment in relevant fields; and
``(12) if determined appropriate by the local educational
agency, support programs that coordinate and integrate--
``(A) academic and career and technical education
content through coordinated instructional strategies,
which may include experiential learning opportunities
and promoting skills necessary for in-demand
occupations or industries in the State in which such
local educational agency is located; and
``(B) work-based learning opportunities that
provide students with in-depth interaction with
industry professionals and, if appropriate, academic
credit.''; and
(2) in subsection (c)--
(A) in paragraph (19)(D) by striking ``and'';
(B) in paragraph (20) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(21) to conduct a comprehensive needs assessment to
identify the strategies, tools, and resources required for
promoting greater engagement and coordination with business and
industry, including exploring the unique technology,
transportation, and other special needs of rural and low-income
communities.''.
SEC. 3. PROMOTING CRITICAL THINKING, COLLABORATION, COMMUNICATION, AND
CREATIVITY.
The Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.) is amended--
(1) in section 3(5)(B) (20 U.S.C. 2302(5)(B))--
(A) by inserting ``, creativity, communication,''
after ``reasoning''; and
(B) by inserting ``collaboration skills,'' after
``employability skills,'';
(2) in section 113(b)(2)(C) (20 U.S.C. 2323(b)(2)(C)), by
inserting ``and acquisition of critical thinking,
collaboration, communication, and creativity skills'' after
``self-sufficiency''; and
(3) in section 122(c)(7) (20 U.S.C. 2342(c)(7))--
(A) in subparagraph (B) by striking ``and'' at the
end;
(B) in subparagraph (C) by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(D) improve the critical thinking,
communications, collaboration, and creativity skills of
students participating in career and technical
education programs, including by--
``(i) integrating such skills into
coursework through project-based learning;
``(ii) building the capacity of educators
to teach such skills; and
``(iii) providing ongoing support to help
students achieve such skills;''. | Critical Thinking, Collaboration, Communication, and Creativity for Careers Act or the Four C's for Careers Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise requirements for the local use of funds received by eligible recipients under the Act to support their career and technical education programs. The bill requires such funds to be used by eligible recipients to support career and technical education programs that: train career guidance and academic counselors to use labor market information in assisting students with postsecondary education and career planning; and support public-private partnerships designed to provide students with the credentials and skills required to secure employment in relevant fields; and if determined appropriate by the local educational agency, support programs that coordinate and integrate academic and career and technical education content and specified work-based learning opportunities. Funds may be used to assess resources required for promoting greater engagement and coordination with business and industry. An eligible agency, with input from eligible recipients, may identify in its state plan, the acquisition of critical thinking, collaboration, communication, and creativity skills as additional indicators of performance for the career and technical education activities authorized under the Act. State plans shall describe how eligible agencies will improve the critical thinking, communications, collaboration, and creativity skills of the students participating in their career and technical education programs. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Military Medical Plan
Act''.
SEC. 2. INCLUSION OF CERTAIN COVERED BENEFICIARIES IN FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1079a the following new section:
``Sec. 1079b. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--(1) Subject to the availability of funds to
carry out this section for a fiscal year and subject to the provisions
of this section, eligible beneficiaries described in subsection (b)
shall be afforded an opportunity to enroll in any health benefits plan
under the Federal Employees Health Benefits program under chapter 89 of
title 5 that offers medical care comparable to the care authorized by
section 1077 of this title to be provided under section 1076 of this
title (in this section referred to as an `FEHBP plan').
``(2) The administering Secretaries shall enter into an agreement
with the Director of the Office of Personnel Management to carry out
paragraph (1).
``(b) Eligible Beneficiaries.--(1) An eligible beneficiary referred
to in subsection (a) is any member or former member of the uniformed
services described in section 1074(b) of this title, or any dependents
of such member or former member described in section 1076(b) of this
title, who is entitled to benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395c et seq.).
``(2) An eligible beneficiary under this subsection shall not be
required to satisfy any eligibility criteria specified in chapter 89 of
title 5 as a condition for enrollment in an FEHBP plan under this
section.
``(c) Areas of Enrollment.--(1)(A) Except as provided in paragraph
(2), the Director of the Office of Personnel Management shall, in
consultation with the administering Secretaries, select the areas in
which eligible beneficiaries must reside in order to be permitted to
enroll in FEHBP plans under this section. The Director shall select the
largest number of such areas that is practicable.
``(B) The areas selected by the Director under subparagraph (A)
shall include not less than six regions under the TRICARE program, with
at least one such region including a site of the medicare subvention
demonstration project for military retirees under section 1896 of the
Social Security Act (42 U.S.C. 1395ggg).
``(2) Commencing not later than one year after the date of
submittal of the report required by subsection (j)(2), eligible
beneficiaries nationwide shall be afforded an opportunity to enroll in
an FEHBP plan in accordance with this section.
``(d) Priorities; List.--(1) Eligible beneficiaries shall be
permitted to enroll in an FEHBP plan under this section based on the
order in which such beneficiaries submit to the administering Secretary
concerned an application to enroll in an FEHBP plan under this section.
``(2) Each administering Secretary shall maintain a list of
eligible beneficiaries who apply to enroll in an FEHBP plan under this
section, but whom such Secretary is not able to enroll because of the
lack of available funds to carry out this section.
``(3) Eligible beneficiaries who are on a list under paragraph (2)
at the time of the expansion of opportunities for eligible
beneficiaries to enroll in FEHBP plans under subsection (c)(2) shall
resubmit an application under this subsection to be afforded an
opportunity to enroll in an FEHBP plan under this section.
``(e) Period of Enrollment.--The administering Secretaries shall
provide a period of enrollment for eligible beneficiaries in FEHBP
plans under this section for a period of 90 days--
``(1) before the commencement of the availability of care
under such plans under this section; and
``(2) for each subsequent year thereafter.
``(f) Term of Enrollment.--(1) An eligible beneficiary who elects
to participate in a plan under the Federal Employees Health Benefits
program under this section shall participate continuously in such a
plan (whether in the plan originally elected or another plan) during
the three-year period beginning on the date of commencement of the
beneficiary's participation in such a plan under this section.
``(2) An eligible beneficiary who discontinues participation in a
plan under the Federal Employees Health Benefits program under this
section before the end of the period described in paragraph (1) shall
not be eligible to reenroll in any plan under the program under this
section.
``(g) Receipt of Care in Military Treatment Facilities.--(1) An
eligible beneficiary enrolled in an FEHBP plan under this section may
receive care at a military medical treatment facility subject to the
availability of space in such facility.
``(2) The FEHBP plan concerned shall reimburse a facility for the
cost of treatment provided under paragraph (1) to an eligible
beneficiary enrolled in the plan under this section.
``(3) An FEHBP plan may adjust the copayments of an eligible
beneficiary enrolled in the plan under this section so that receipt of
care by the beneficiary at a military medical treatment facility
results in no additional costs to the plan when compared with the costs
the plan would have incurred if the beneficiary had received such care
from a provider in the plan.
``(h) Contributions.--(1) Contributions shall be made for an
eligible beneficiary who enrolls in an FEHBP plan under this section as
if the beneficiary were an employee of the Federal Government.
``(2) The administering Secretary concerned shall be responsible
for the Government contributions that the Director of the Office of
Personnel Management determines would be payable by such Secretary
under section 8906 of title 5 for an eligible beneficiary who is
enrolled in an FEHBP plan under this section if the beneficiary were an
employee of such Secretary.
``(3) Each eligible beneficiary enrolled in an FEHBP plan under
this section shall be required to contribute the amount that would be
withheld from the pay of a similarly situated Federal employee who is
enrolled in the plan under chapter 89 of title 5.
``(i) Management of Participation.--(1) The Director of the Office
of Personnel Management shall manage the participation of eligible
beneficiaries in FEHBP plans under this section.
``(2) The Director and the administering Secretaries shall ensure
(whether through procedures, the establishment of reserve funds, or
other mechanisms) that inclusion of such participating eligible
beneficiaries under chapter 89 of title 5 will not have an adverse
financial effect on Federal employees and annuitants enrolled in health
benefits plans under such chapter.
``(j) Reporting Requirements.--(1) Not later than November 1 each
year, the administering Secretaries and the Director of the Office of
Personnel Management shall jointly submit to Congress a report
describing the provision of health care services to eligible
beneficiaries who were enrolled in FEHBP plans under this section
during the preceding fiscal year. The report shall address or contain
the following:
``(A) The number of such eligible beneficiaries, both in
terms of total number and as a percentage of all covered
beneficiaries who are receiving health care through the health
care system of the uniformed services.
``(B) The extent to which such eligible beneficiaries used
the health care services available to such beneficiaries under
such plans.
``(C) The cost to such eligible beneficiaries of health
care under such plans.
``(D) The cost to the Department of Defense, the Department
of Transportation, the Department of Health and Human Services,
and any other departments and agencies of the Federal
Government of providing care to such eligible beneficiaries.
``(E) A comparison of the costs determined under paragraphs
(C) and (D) with the costs that would otherwise have been
incurred by the United States and such eligible beneficiaries
under alternative health care options available to the
administering Secretaries.
``(F) The effects of the exercise of authority under this
section on the cost, access, and utilization rates of other
health care options under the health care system of the
uniformed services.
``(G) An assessment, as of the date of the report, whether
or not the health care option under the TRICARE program known
as TRICARE Standard offers medical care coverage that is
substantially similar to the medical care coverage offered
under the fee-for-service health benefits plan under the
Federal Employees Health Benefits program having the most
number of subscribers as of such date, and, if not, whether or
not that option is being modified in order to offer such
coverage.
``(2) Not later than 3 years after the date of enactment of the
Improved Military Medical Plan Act, the administering Secretaries shall
jointly submit to Congress a report setting forth--
``(A) the assessment of such Secretaries as to the
advisability of--
``(i) offering to eligible beneficiaries described
in subsection (b)(1) the health care option available
under subsection (a) on a permanent basis nationwide;
or
``(ii) limiting the availability of that health
care option to eligible beneficiaries who are currently
enrolled in an FEHBP plan as of the date of the report;
``(B) the recommendation of such Secretaries whether--
``(i) to expand the availability of the health care
option available under subsection (a) to any member or
former member of the uniformed services described in
section 1074(b) of this title, or any dependent of such
member or former member described in section 1076(b) of
this title, without regard to whether such member or
former member, or dependent, is entitled to benefits
under part A of title XVIII of the Social Security Act;
or
``(ii) not to expand the availability of that
option in accordance with clause (i) because the
TRICARE Standard health care option offers medical care
coverage that is substantially similar to the medical
care coverage offered under the fee-for-service health
benefits plan under the Federal Employees Health
Benefits program having the most number of subscribers
as of the date of the report; and
``(C) the estimated costs of carrying out each assessment
under subparagraph (A) and the recommendation under
subparagraph (B).
``(3)(A) Not later than 6 months after the submittal of the report
required by paragraph (2), the Comptroller General shall submit to
Congress an assessment of the recommendation under subparagraph (B) of
that paragraph.
``(B) If the recommendation is not to expand the availability of
the option referred to in clause (i) of such subparagraph (B) in
accordance with that clause, the review shall include an evaluation of
the validity of any comparison made by the administering Secretaries
for purposes of clause (ii) of such subparagraph (B).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1079a the
following:
``1079b. Health care coverage through Federal Employees Health Benefits
program.''.
(b) Conforming Amendments.--(1) Section 8905 of title 5, United
States Code, is amended--
(A) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) An individual whom the administering Secretary concerned
determines is an eligible beneficiary under subsection (b) of section
1079b of title 10 may enroll in a health benefits plan under this
chapter in accordance with the agreement entered into under subsection
(a) of such section between such Secretary and the Office and with
applicable regulations under this chapter.''.
(2) Section 8906 of title 5, United States Code, is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''; and
(ii) by adding at the end the following new
paragraph:
``(4) In the case of individuals who enroll in a health plan under
section 8905(d) of this title, the Government contribution shall be
determined under section 1079b(h) of title 10.''; and
(B) in subsection (g)--
(i) in paragraph (1), by striking ``paragraph (2)''
and inserting in lieu thereof ``paragraphs (2) and
(3)''; and
(ii) by adding at the end the following new
paragraph:
``(3) The Government contribution described in subsection (b)(4)
for individuals who enroll under section 8905(d) of this title shall be
paid as provided in section 1079b(h) of title 10.''.
(c) Implementation.--The administering Secretaries shall begin to
offer the health benefits option under section 1079b(a) of title 10,
United States Code (as added by subsection (a)), not later than 6
months after the date of enactment of this Act.
(d) Availability of Funds.--(1) There shall be available to offer
the health benefits option under section 1079b of title 10, United
States Code (as added by subsection (a)), amounts as follows:
(A) $100,000,000 for fiscal year 1999.
(B) $125,000,000 for fiscal year 2000.
(C) $150,000,000 for fiscal year 2001.
(D) $175,000,000 for fiscal year 2002.
(E) $200,000,000 for fiscal year 2003.
(2) Amounts available under paragraph (1) for a fiscal year for the
purpose set forth in that paragraph shall be derived from amounts
authorized to be appropriated to the Department of Defense, the
Department of Transportation, and the Department of Health and Human
Services, respectively, for such fiscal year for payment of personnel
costs.
(3) For each fiscal year set forth in paragraph (1), the
administering Secretaries shall determine the extent to which the funds
of their respective departments under paragraph (2) shall be utilized
for the purpose set forth in paragraph (1) within the limitation for
such fiscal year specified in paragraph (1).
(e) Plan for Enhancement of TRICARE Standard Option.--Not later
than 6 months after the date of enactment of this Act, the
administering Secretaries shall jointly submit to Congress a report
that sets forth a plan for any enhancements of the health care option
under the TRICARE program known as TRICARE Standard that the
administering Secretaries jointly consider necessary so that the
medical care coverage offered under that option is substantially
similar to the medical care coverage offered under the fee-for-service
health benefits plan under the Federal Employees Health Benefits
program under chapter 89 of title 5, United States Code, that has the
most number of subscribers as of the date of the report.
(f) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code. | Improved Military Medical Plan Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible beneficiaries to enroll in any health benefits plan under the Federal Employees Health Benefits Program (FEHBP) that offers medical care comparable to that offered under CHAMPUS. Includes as eligible beneficiaries any member or former member of the armed forces who is entitled to retired or retainer pay or its equivalent or would have been entitled to such pay except for having died before age 60, and any dependents of such individuals, who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act.
States that any such beneficiary shall not be required to satisfy any FEHBP eligibility criteria as a condition for enrollment. Requires the Director of the Office of Personnel Management (OPM) to select the areas in which beneficiaries must reside in order to be enrolled in an FEHBP plan, including at least six regions of the TRICARE Program (a Department of Defense managed care program).
Outlines enrollment procedures, including a 90-day enrollment period. Requires FEHBP reimbursement of costs for the provision of treatment at a military medical facility. Outlines provisions concerning required beneficiary copayments under the FEHBP and Federal contributions to such plans. Provides for: (1) management of plan participation by the OPM Director; (2) annual reports from the Secretary of Defense, the Secretary of Transportation for the Coast Guard when not operating as a service in the Navy, the Secretary of Health and Human Services (the administering Secretaries), and the OPM Director concerning the provision of such care; (3) a report from the administering Secretaries on the advisability of either offering such care nationwide on a permanent basis or limiting such option to current eligible beneficiaries, the costs of such care, and their recommendations; and (4) a report from the Comptroller General, following the report from the administering Secretaries, assessing such recommendations.
Provides funding for FY 1999 through 2003 for the enrollment plan option, to be derived from amounts appropriated to the Departments of Defense, Transportation, and Health and Human Services.
Directs the administering Secretaries to report to the Congress a plan for any enhancements of the health care options under the TRICARE program known as TRICARE Standard considered necessary to ensure that coverage under such option is substantially similar to coverage offered under the FEHBP fee-for-service health benefits plan that has the most subscribers as of the date of the report. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer Patient Protection Act
of 1997''.
SEC. 2. COVERAGE OF MINIMUM HOSPITAL STAY FOR CERTAIN BREAST CANCER
TREATMENT.
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Subpart 2 of part A of title XXVII
of the Public Health Service Act, as amended by section
703(a) of Public Law 104-204, is amended by adding at
the end the following new section:
``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER
TREATMENT.
``(a) Requirements for Minimum Hospital Stay Following Mastectomy
or Lymph Node Dissection.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, may
not--
``(A) except as provided in paragraph (2)--
``(i) restrict benefits for any hospital
length of stay in connection with a mastectomy
for the treatment of breast cancer to less than
48 hours, or
``(ii) restrict benefits for any hospital
length of stay in connection with a lymph node
dissection for the treatment of breast cancer
to less than 24 hours, or
``(B) require that a provider obtain authorization
from the plan or the issuer for prescribing any length
of stay required under subparagraph (A) (without regard
to paragraph (2)).
``(2) Exception.--Paragraph (1)(A) shall not apply in
connection with any group health plan or health insurance
issuer in any case in which the decision to discharge the woman
involved prior to the expiration of the minimum length of stay
otherwise required under paragraph (1)(A) is made by an
attending provider in consultation with the woman.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to a woman eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide monetary payments or rebates to women to
encourage such women to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section;
``(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section; or
``(5) subject to subsection (c)(3), restrict benefits for
any portion of a period within a hospital length of stay
required under subsection (a) in a manner which is less
favorable than the benefits provided for any preceding portion
of such stay.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a woman who is a participant or beneficiary--
``(A) to undergo a mastectomy or lymph node
dissection in a hospital; or
``(B) to stay in the hospital for a fixed period of
time following a mastectomy or lymph node dissection.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for hospital lengths of stay in connection with a mastectomy
or lymph node dissection for the treatment of breast cancer.
``(3) Nothing in this section shall be construed as
preventing a group health plan or issuer from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits for hospital lengths of stay in connection with a
mastectomy or lymph node dissection for the treatment of breast
cancer under the plan (or under health insurance coverage
offered in connection with a group health plan), except that
such coinsurance or other cost-sharing for any portion of a
period within a hospital length of stay required under
subsection (a) may not be greater than such coinsurance or
cost-sharing for any preceding portion of such stay.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there is
a State law (as defined in section 2723(d)(1)) for a State that
regulates such coverage that is described in any of the
following subparagraphs:
``(A) Such State law requires such coverage to
provide for at least a 48-hour hospital length of stay
following a mastectomy performed for treatment of
breast cancer and at least a 24-hour hospital length of
stay following a lymph node dissection for treatment of
breast cancer.
``(B) Such State law requires, in connection with
such coverage for surgical treatment of breast cancer,
that the hospital length of stay for such care is left
to the decision of (or required to be made by) the
attending provider in consultation with the woman
involved.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Conforming amendment.--Section 2723(c) of such
Act (42 U.S.C. 300gg-23(c)), as amended by section
604(b)(2) of Public Law 104-204, is amended by striking
``section 2704'' and inserting ``sections 2704 and
2706''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974, as amended by section 702(a) of Public Law
104-204, is amended by adding at the end the following
new section:
``SEC. 713. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER
TREATMENT.
``(a) Requirements for Minimum Hospital Stay Following Mastectomy
or Lymph Node Dissection.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, may
not--
``(A) except as provided in paragraph (2)--
``(i) restrict benefits for any hospital
length of stay in connection with a mastectomy
for the treatment of breast cancer to less than
48 hours, or
``(ii) restrict benefits for any hospital
length of stay in connection with a lymph node
dissection for the treatment of breast cancer
to less than 24 hours, or
``(B) require that a provider obtain authorization
from the plan or the issuer for prescribing any length
of stay required under subparagraph (A) (without regard
to paragraph (2)).
``(2) Exception.--Paragraph (1)(A) shall not apply in
connection with any group health plan or health insurance
issuer in any case in which the decision to discharge the woman
involved prior to the expiration of the minimum length of stay
otherwise required under paragraph (1)(A) is made by an
attending provider in consultation with the woman.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to a woman eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements of this
section;
``(2) provide monetary payments or rebates to women to
encourage such women to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section;
``(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section; or
``(5) subject to subsection (c)(3), restrict benefits for
any portion of a period within a hospital length of stay
required under subsection (a) in a manner which is less
favorable than the benefits provided for any preceding portion
of such stay.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a woman who is a participant or beneficiary--
``(A) to undergo a mastectomy or lymph node
dissection in a hospital; or
``(B) to stay in the hospital for a fixed period of
time following a mastectomy or lymph node dissection.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for hospital lengths of stay in connection with a
mastectomy or lymph node dissection for the treatment of breast
cancer.
``(3) Nothing in this section shall be construed as
preventing a group health plan or issuer from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits for hospital lengths of stay in connection with a
mastectomy or lymph node dissection for the treatment of breast
cancer under the plan (or under health insurance coverage
offered in connection with a group health plan), except that
such coinsurance or other cost-sharing for any portion of a
period within a hospital length of stay required under
subsection (a) may not be greater than such coinsurance or
cost-sharing for any preceding portion of such stay.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there is
a State law (as defined in section 731(d)(1)) for a State that
regulates such coverage that is described in any of the
following subparagraphs:
``(A) Such State law requires such coverage to
provide for at least a 48-hour hospital length of stay
following a mastectomy performed for treatment of
breast cancer and at least a 24-hour hospital length of
stay following a lymph node dissection for treatment of
breast cancer.
``(B) Such State law requires, in connection with
such coverage for surgical treatment of breast cancer,
that the hospital length of stay for such care is left
to the decision of (or required to be made by) the
attending provider in consultation with the woman
involved.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Conforming amendments.--
(i) Section 731(c) of such Act (29 U.S.C.
1191(c)), as amended by section 603(b)(1) of
Public Law 104-204, is amended by striking
``section 711'' and inserting ``sections 711
and 713''.
(ii) Section 732(a) of such Act (29 U.S.C.
1191a(a)), as amended by section 603(b)(2) of
Public Law 104-204, is amended by striking
``section 711'' and inserting ``sections 711
and 713''.
(iii) The table of contents in section 1 of
such Act is amended by inserting after the item
relating to section 712 the following new item:
``Sec. 713. Standards relating to benefits for certain breast cancer
treatment.''.
(b) Individual Health Insurance.--
(1) In general.--Part B of title XXVII of the Public Health
Service Act, as amended by section 605(a) of Public Law 104-
204, is amended by inserting after section 2751 the following
new section:
``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER
TREATMENT.
``(a) In General.--The provisions of section 2706 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there is
a State law (as defined in section 2723(d)(1)) for a State that
regulates such coverage that is described in any of the
following subparagraphs:
``(A) Such State law requires such coverage to
provide for at least a 48-hour hospital length of stay
following a mastectomy performed for treatment of
breast cancer and at least a 24-hour hospital length of
stay following a lymph node dissection for treatment of
breast cancer.
``(B) Such State law requires, in connection with
such coverage for surgical treatment of breast cancer,
that the hospital length of stay for such care is left
to the decision of (or required to be made by) the
attending provider in consultation with the woman
involved.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(2) Conforming amendment.--Section 2762(b)(2) of such Act
(42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of
Public Law 104-204, is amended by striking ``section 2751'' and
inserting ``sections 2751 and 2752''.
(c) Effective Dates.--
(1) Group market.--The amendments made by subsection (a)
shall apply with respect to group health plans for plan years
beginning on or after January 1, 1998.
(2) Individual market.--The amendment made by subsection
(b) shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after such date. | Breast Cancer Patient Protection Act of 1997 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coordinate to Educate Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Growing numbers of children live in an environment of
social and economic conditions that greatly increase their risk
of academic failure when they become students.
(2) Many academically at-risk students suffer the effects
of inadequate nutrition and health care, lack of child care,
overcrowded and unsafe living conditions and homelessness,
family and gang violence, substance abuse, sexual abuse and
child abuse, involuntary migration and limited English
proficiency that often create severe barriers to learning the
knowledge and skills needed to become literate, independent and
productive citizens.
(3) Almost half of all children and youths live in a single
parent family for some period of their lives, while many others
live in families with two full-time working parents, greatly
reducing parental involvement in their education.
(4) Services for at-risk students are often fragmented,
inconvenient, expensive, overregulated, ineffective and
duplicative, and focused on only a single narrow problem
without meeting the needs of the child and the family.
(5) School personnel, parents, and support service
providers often lack knowledge of, and access to, available
services for at-risk students and their families in the
community, are constrained by bureaucratic obstacles from
providing the services most needed, and have few resources or
incentives to coordinate services and make them accessible.
(6) Service providers, such as teachers, social workers,
health care and child care providers, juvenile justice workers
and others, are often trained in separate institutions,
practice in separate agencies, and pursue separate professional
activities that provide little support for coordination and
integration of services.
(7) Coordination and integration of services for at-risk
students emphasizing prevention and early intervention offer a
greater opportunity to break the cycle that leads to academic
failure, leaving school, low-skill levels, unemployment and low
income.
(8) Coordination of services is cost effective for schools
and support agencies because it reduces duplication, improves
quality of services, and substitutes prevention for expensive
crisis interventions, while ensuring that students are ready to
learn when they are in the classroom.
(b) Purposes.--It is the purpose of this Act to establish a program
of grants to local education agencies to improve students' educational
performances by--
(1) removing barriers to their learning;
(2) coordinating and enhancing the effectiveness of support
services;
(3) making support services available, affordable, and
convenient for those who need them;
(4) replicating and disseminating successful high quality
coordinated service programs;
(5) increasing parental involvement in education;
(6) improving the capacity of school and support service
personnel to collaborate;
(7) integrating services, regulations, data bases,
eligibility procedures and funding sources whenever possible;
and
(8) focusing school and community resources on prevention
and early intervention strategies to address student needs and
to ensure that students are ready to learn when they are in the
classroom.
SEC. 3. GRANT AUTHORIZATION.
The Secretary of Education is authorized to make development and
implementation grants to local education agencies to develop and
implement coordinated service programs.
SEC. 4. DEVELOPMENT GRANTS.
(a) Eligibility.--To be eligible to receive a grant under this
section, a local educational agency shall--
(1) plan to collaborate with health and social service
agencies to develop a program of school-linked integrated
service for children and families on or near a school site; or
(2) offer some coordinated services, but be able to
demonstrate a need for the expansion of services.
(b) Duration.--Grants under this section may be for up to 3 years
duration, subject to providing the Secretary with annual evidence of
satisfactory progress towards the achievement of a plan for a self-
sufficient coordinated service program.
(c) Applications.--A local educational agency that wishes to
receive a grant under this section shall submit an application which
identifies--
(1) the need for coordinated services among all or some of
the students of a local educational agency;
(2) the proposed membership of a collaborative which will
be formed to achieve broad-based coordinated services,
including representatives from the appropriate levels of all
sectors and services necessary to achieve broad-based
coordinated services, including representatives of children and
families;
(3) the objectives of the collaboration; and
(4) performance measurements.
(d) Use of Funds.--Grants awarded under this section shall be used
to--
(1) plan and hold regular meetings of the collaborative;
(2) identify barriers to learning experienced by students
in the local educational agency that stem from factors external
to the public school system, including poor health, physical
and sexual abuse, poor nutrition, inadequate housing, lack of
appropriate childcare and lack of appropriate preschool and
before and after school care;
(3) assess the availability of currently existing social
service programs which could help to alleviate these barriers;
(4) assess the availability of local, State and private
funds, the redirection of existing funds and the use of in-kind
services;
(5) assess the feasibility of a sliding scale fee for
services that will be delivered; and
(6) develop an interagency service delivery plan that
identifies--
(A) the priorities of the service providers and the
community;
(B) the availability and use of adequate staff and
physical resources;
(C) a plan to coordinate Federal, State and local
regulations, eligibility requirements and application
procedures;
(D) how coordinated services will be delivered,
including a case management system; and
(E) a plan to become self-sufficient, without using
funds authorized under this Act, not later than 2 years
after implementation.
SEC. 5. IMPLEMENTATION GRANTS.
(a) Eligibility.--A local educational agency that desires to
receive a grant under this section shall have an interagency service
delivery plan that has been approved by the Secretary of Education.
(b) Duration.--Grants under this section may not exceed a 2-year
period.
(c) Applications.--To be eligible to receive a grant under this
section, a local educational agency shall submit an application which--
(1) identifies barriers to learning experienced by students
in the local educational agency that stem from factors external
to the public school system, including poor health, evidence of
physical or sexual abuse, poor nutrition, inadequate housing,
lack of appropriate childcare and lack of appropriate preschool
and before and after school care;
(2) identifies existing social service programs;
(3) identifies the participants in the delivery of
coordinated services, including community and parent
involvement;
(4) includes an interagency service delivery plan which
includes the priorities of the service providers and the
community;
(5) includes an interagency agreement signed by key parties
within the collaborative, partnership schools and agencies that
detail what will be done, by whom and when;
(6) makes assurances that Federal funds will be used for
not more than 50 percent of the costs of this project after the
first year, with a commitment of matching funds from other
agencies or private sources, including the redirection of
existing funds and the use of in-kind services which will fully
support the project after the second year;
(7) identifies how the coordinated service program will be
staffed, including the case of a coordinator and including a
plan for interagency staff training and development;
(8) identifies where the coordinated service program will
be located;
(9) identifies how Federal, State, and local regulations,
eligibility requirements and application procedures have been
coordinated;
(10) utilizes a case management system; and
(11) sets sliding scale service fees, if feasible.
(d) Use of Funds.--Grants awarded under this section may be used--
(1) to locate and obtain commitments from funding sources
other than the Federal Government when this grant ends;
(2) to improve interagency communications and information-
sharing, including developing telecommunications networks,
software development, data base integration and management, and
other applications of technology that improve coordination of
service;
(3) to support colocation of interagency service delivery
programs in schools or other sites close to schools, including
rental or lease payments, open and lock-up fees or maintenance
and security costs necessary for the delivery of services to
students;
(4) for staff development, including in-service and cross-
agency training, for the interagency service delivery team,
including school staff;
(5) to research and tabulate figures which demonstrate the
success of a coordinated services program, including improved
outcome for children and families in terms of taxpayers dollars
saved; and
(6) to support dissemination and replication of successful
programs to other areas within a local educational agency.
SEC. 6. TARGET POPULATIONS.
(a) Eligible Schools, Grades, and Areas.--An eligible local
educational agency may select a school or program area for coordinated
services if the project design is of adequate size, scope, and quality
to achieve projected outcomes.
(b) Eligible Students.--Programs and services shall be made
available to all children and families in the area to be served and
shall, when appropriate, be paid on a sliding scale.
SEC. 7. SPECIAL CONSIDERATION.
In making awards under this Act, the Secretary shall give special
consideration to--
(1) the geographic distribution of awards, including urban,
suburban, and rural districts;
(2) districts with concentrated pockets of educationally
at-risk students;
(3) local educational agencies with high proportions of
educationally at-risk students; and
(4) areas with a large number of single parent or two-
parent, working families.
SEC. 8. AUTHORIZATION.
There are authorized to be appropriated to carry out the provisions
of this Act for fiscal year 1994, $300,000,000 of which $200,000,000
shall be allocated for development grants and $100,000,000 shall be
allocated for implementation grants, and such sums as may be necessary
for each of the fiscal years 1995 through 2000. | Coordinate to Educate Act - Authorizes the Secretary of Education to make grants to local educational agencies to develop and implement coordinated services programs.
Requires special consideration to be given to: (1) geographic distribution of awards, including urban, suburban, and rural districts; (2) districts with concentrated pockets of educationally at-risk students; (3) local educational agencies with high proportions of educationally at-risk students; and (4) areas with a large number of single parent or two-parent, working families.
Authorizes appropriations. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asian Elephant Conservation
Reauthorization Act of 2002''.
SEC. 2. REAUTHORIZATION OF ASIAN ELEPHANT CONSERVATION ACT OF 1997.
Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C.
4266) is amended by striking ``1998'' and all that follows through
``2002'' and inserting ``2001, 2002, 2003, 2004, 2005, 2006, and
2007''.
SEC. 3. LIMITATION ON ADMINISTRATIVE EXPENSES.
Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C.
4266) is further amended--
(1) by striking ``There are authorized'' and inserting ``(a) In
General.--There is authorized''; and
(2) by adding at the end the following:
``(b) Administrative Expenses.--Of amounts available each fiscal
year to carry out this Act, the Secretary may expend not more than 3
percent or $80,000, whichever is greater, to pay the administrative
expenses necessary to carry out this Act.''.
SEC. 4. COOPERATION.
The Asian Elephant Conservation Act of 1997 is further amended by
redesignating section 7 (16 U.S.C. 4266) as section 8, and by inserting
after section 6 the following:
``SEC. 7. ADVISORY GROUP.
``(a) In General.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of individuals
representing public and private organizations actively involved in the
conservation of Asian elephants.
``(b) Public Participation.--
``(1) Meetings.--The Advisory Group shall--
``(A) ensure that each meeting of the advisory group is
open to the public; and
``(B) provide, at each meeting, an opportunity for
interested persons to present oral or written statements
concerning items on the agenda.
``(2) Notice.--The Secretary shall provide to the public timely
notice of each meeting of the advisory group.
``(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to the
public.
``(c) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory
group.''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Conforming Amendments.--The Asian Elephant Conservation Act of
1997 is amended as follows:
(1) Section 4(3) (16 U.S.C. 4263(3)) is amended by striking
``the Asian Elephant Conservation Fund established under section
6(a)'' and inserting ``the account established by division A,
section 101(e), title I of Public Law 105-277 under the heading
`multinational species conservation fund'''.
(2) Section 6 (16 U.S.C. 4265) is amended by striking the
section heading and all that follows through ``(d) Acceptance and
Use of Donations.--'' and inserting the following:
``SEC. 6. ACCEPTANCE AND USE OF DONATIONS.''.
(b) Technical Corrections.--
(1) The matter under the heading ``multinational species
conservation fund'' in title I of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246; 112
Stat. 2681-237), is amended--
(A) by striking ``section 5304 of'' and all that follows
through ``section 6 of the Asian Elephant Conservation Act of
1997'' and inserting ``section 5 of the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5304), part I of the
African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and
section 5 of the Asian Elephant Conservation Act of 1997 (16
U.S.C. 4264)'';
(B) by striking ``16 U.S.C. 4224'' and inserting ``section
2204 of the African Elephant Conservation Act (16 U.S.C.
4224)'';
(C) by striking ``16 U.S.C. 4225'' and inserting ``section
2205 of the African Elephant Conservation Act (16 U.S.C.
4225)''; and
(D) by striking ``16 U.S.C. 4211'' and inserting ``section
2101 of the African Elephant Conservation Act (16 U.S.C.
4211)''.
(2) Effective on the day after the date of enactment of the
African Elephant Conservation Reauthorization Act of 2001 (107th
Congress)--
(A) section 2104(a) of the African Elephant Conservation
Act is amended by striking ``this Act'' and inserting ``this
title''; and
(B) section 2306(b) of the African Elephant Conservation
Act (16 U.S.C. 4245(b)) is amended by striking ``this Act''
each place it appears and inserting ``this title''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL FISH AND WILDLIFE
FOUNDATION.
Section 10(a)(1) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709(a)(1)) is amended--
(1) by striking ``2003'' and inserting ``2005''; and
(2) in subparagraph (A), by striking ``$20,000,000'' and
inserting ``$25,000,000''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Asian Elephant Conservation Reauthorization Act of 2001 - Amends the Asian Elephant Conservation Act of 1997 to authorize appropriations to the Multinational Species Conservation Fund through FY 2007 to carry out such Act. Limits the amount that the Secretary of the Interior may expend each fiscal year to pay administrative expenses.Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of Asian elephants to assist in carrying out such Act.Amends the National Fish and Wildlife Foundation Establishment Act to authorize appropriations, and to increase the amount authorized for the Department of the Interior for each fiscal year, to carry out such Act through FY 2005. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weather Modification Research and
Technology Transfer Authorization Act of 2005''.
SEC. 2. PURPOSE.
It is the purpose of this Act to develop and implement a
comprehensive and coordinated national weather modification policy and
a national cooperative Federal and State program of weather
modification research and development.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Weather
Modification Advisory and Research Board.
(2) Executive director.--The term ``Executive Director''
means the Executive Director of the Weather Modification
Advisory and Research Board.
(3) Research and development.--The term ``research and
development'' means theoretical analysis, exploration,
experimentation, and the extension of investigative findings
and theories of scientific or technical nature into practical
application for experimental and demonstration purposes,
including the experimental production and testing of models,
devices, equipment, materials, and processes.
(4) Weather modification.--The term ``weather
modification'' means changing or controlling, or attempting to
change or control, by artificial methods the natural
development of atmospheric cloud forms or precipitation forms
which occur in the troposphere.
SEC. 4. WEATHER MODIFICATION ADVISORY AND RESEARCH BOARD ESTABLISHED.
(a) In General.--There is established in the Department of Commerce
the Weather Modification Advisory and Research Board.
(b) Membership.--
(1) In general.--The Board shall consist of 11 members
appointed by the Secretary of Commerce, of whom--
(A) at least 1 shall be a representative of the
American Meteorological Society;
(B) at least 1 shall be a representative of the
American Society of Civil Engineers;
(C) at least 1 shall be a representative of the
National Academy of Sciences;
(D) at least 1 shall be a representative of the
National Center for Atmospheric Research of the
National Science Foundation;
(E) at least 2 shall be representatives of the
National Oceanic and Atmospheric Administration of the
Department of Commerce;
(F) at least 1 shall be a representative of
institutions of higher education or research
institutes; and
(G) at least 1 shall be a representative of a State
that is currently supporting operational weather
modification projects.
(2) Tenure.--A member of the Board serves at the pleasure
of the Secretary of Commerce.
(3) Vacancies.--Any vacancy on the Board shall be filled in
the same manner as the original appointment.
(b) Advisory Committees.--The Board may establish advisory
committees to advise the Board and to make recommendations to the Board
concerning legislation, policies, administration, research, and other
matters.
(c) Initial Meeting.--Not later than 30 days after the date on
which all members of the Board have been appointed, the Board shall
hold its first meeting.
(d) Meetings.--The Board shall meet at the call of the Chair.
(e) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold hearings.
(f) Chair and Vice Chair.--The Board shall select a Chair and Vice
Chair from among its members.
SEC. 5. DUTIES OF THE BOARD.
(a) Promotion of Research and Development.--In order to assist in
expanding the theoretical and practical knowledge of weather
modification, the Board shall promote and fund research and
development, studies, and investigations with respect to--
(1) improved forecast and decisionmaking technologies for
weather modification operations, including tailored computer
workstations and software and new observation systems with
remote sensors; and
(2) assessments and evaluations of the efficacy of weather
modification, both purposeful (including cloud-seeding
operations) and inadvertent (including downwind effects and
anthropogenic effects).
(b) Financial Assistance.--Unless the use of the money is
restricted or subject to any limitations provided by law, the Board
shall use amounts in the Weather Modification Research and Development
Fund--
(1) to pay its expenses in the administration of this Act;
and
(2) to provide for research and development with respect to
weather modifications by grants to, or contracts or cooperative
arrangements with, public or private agencies.
(c) Report.--The Board shall submit to the Secretary of Commerce
biennially a report on its findings and research results.
SEC. 6. POWERS OF THE BOARD.
(a) Studies, Investigations, and Hearings.--The Board may make any
studies or investigations, obtain any information, and hold any
hearings necessary or proper to administer or enforce this Act or any
rules or orders issued under this Act.
(b) Personnel.--The Board may employ, as provided for in
appropriations Acts, an Executive Director and other support staff
necessary to perform duties and functions under this Act.
(c) Cooperation With Other Agencies.--The Board may cooperate with
public or private agencies to promote the purposes of this Act.
(d) Cooperative Agreements.--The Board may enter into cooperative
agreements with the head of any department or agency of the United
States, an appropriate official of any State or political subdivision
of a State, or an appropriate official of any private or public agency
or organization for conducting weather modification activities or
cloud-seeding operations.
(e) Conduct and Contracts for Research and Development.--The
Executive Director, with the approval of the Board, may conduct and may
contract for research and development activities relating to the
purpose described in section 2.
SEC. 7. COOPERATION WITH THE WEATHER MODIFICATION OPERATIONS AND
RESEARCH BOARD.
The heads of the departments and agencies of the United States and
the heads of any other public or private agencies and institutions that
receive research funds from the United States shall, to the extent
possible, give full support and cooperation to the Board and to
initiate independent research and development programs that address
weather modifications.
SEC. 8. FUNDING.
(a) In General.--There is established within the Treasury of the
United States the Weather Modification Research and Development Fund,
which shall consist of amounts appropriated pursuant to subsection (b)
or received by the Board under subsection (c).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Board for the purposes of carrying out this Act
$10,000,000 for each of fiscal years 2006 through 2015. Any sums
appropriated under this subsection shall remain available, without
fiscal year limitation, until expended.
(c) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property. | Weather Modification Research and Technology Transfer Authorization Act of 2005 - Establishes in the Department of Commerce the Weather Modification Advisory and Research Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather modification operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather modification, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects).
Establishes within the U.S. Treasury the Weather Modification Research and Development Fund. Directs the Board, unless the use of the money is restricted or subject to any limitations provided by law, to use amounts in the Fund to: (1) pay its expenses in the administration of this Act; and (2) provide for R&D with respect to weather modifications by grants to, or contracts or cooperative arrangements with, public or private agencies. | billsum_train |
Make a summary of the following text: SECTION 1. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS
CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section 301(8)(A) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 30101(8)(A)) is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than
a candidate, an authorized committee of a candidate, or
a political committee of a political party) for a
coordinated expenditure (as such term is defined in
section 324) which is not otherwise treated as a
contribution under clause (i) or clause (ii).''.
(b) Definitions.--Section 324 of such Act (2 U.S.C. 30126) is
amended to read as follows:
``SEC. 324. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, including a payment for a
covered communication described in subsection (d),
which is made in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate,
an authorized committee of a candidate, a political
committee of a political party, or agents of the
candidate or committee, as provided in subsection (b);
or
``(B) any payment for any communication which
republishes, disseminates, or distributes, in whole or
in part, any broadcast or any written, graphic, or
other form of campaign material prepared by the
candidate or committee or by agents of the candidate or
committee.
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered communication
described in subsection (d) shall not be treated as a
coordinated expenditure under this subsection if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such
facilities are owned or controlled by any political
party, political committee, or candidate; or
``(B) the communication constitutes a candidate
debate or forum conducted pursuant to regulations
adopted by the Commission pursuant to section
304(f)(3)(B)(iii), or which solely promotes such a
debate or forum and is made by or on behalf of the
person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a political
party, or agents of the candidate or committee, if the payment
is not made entirely independently of the candidate, committee,
or agents, including a payment which is made pursuant to any
general or particular understanding, or more than incidental
communication with, the candidate, committee, or agents about
the payment.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered to
be made by a person in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate or
committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with agents of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no discussion
between the person and the candidate or committee, or agents of
the candidate or committee, regarding the candidate's or
committee's campaign advertising, message, strategy, policy,
polling, allocation of resources, fundraising, or campaign
operations.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination of
coordination between a candidate and a political committee of a
political party for purposes of section 315(d).
``(4) No safe harbor for use of firewall.--A person shall
be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate or committee, in accordance with this section
without regard to whether or not the person established and
used a firewall or similar procedures to restrict the sharing
of information between individuals providing services for or on
behalf of the person and the candidate or committee or agents
of the candidate or committee.
``(c) Special Rule for Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments deemed to be made in cooperation,
consultation, or concert with, candidates.--For purposes of
this section, if the person who makes a payment for a covered
communication is a coordinated spender with respect to the
candidate involved, the person shall be deemed to have made the
payment in cooperation, consultation, or concert with the
candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with respect
to a candidate or an authorized committee of a candidate, a
person (other than a political committee of a political party)
for which any of the following applies:
``(A) The person is directly or indirectly formed
or established by or at the request or suggestion of,
or with the encouragement of, the candidate or
committee or agents of the candidate or committee,
including with the express or tacit approval of the
candidate or committee or agents of the candidate or
committee.
``(B) The candidate or committee or agents of the
candidate or committee solicit funds or engage in other
fundraising activity on the person's behalf during the
election cycle involved, including by providing the
person with names of potential donors or other lists to
be used by the person in engaging in fundraising
activity, regardless of whether the person pays fair
market value for the names or lists provided.
``(C) The person is established, directed, or
managed by any person who, during the election cycle
involved or during the 4-year period ending on the
first day of the election cycle involved, has been
employed or retained as a political, media, or
fundraising adviser or consultant for the candidate or
committee or for any other entity directly or
indirectly controlled by the candidate or committee, or
has held a formal position with a title for the
candidate or committee.
``(D) During the election cycle involved, the
person has had more than incidental communications with
the candidate or committee or agents of the candidate
or committee about the candidate's campaign needs or
activities, or about the person's possible or actual
campaign activities with respect to the candidate or
committee.
``(E) The person has retained the professional
services of any person who, during the same election
cycle, has provided or is providing professional
services relating to the campaign to the candidate or
committee. For purposes of this subparagraph, the term
`professional services' includes any services in
support of the candidate's or committee's campaign
activities, including advertising, message, strategy,
policy, polling, allocation of resources, fundraising,
and campaign operations, but does not include
accounting or legal services.
``(F) The person is established, directed, or
managed by a member of the immediate family of the
candidate, or (in the case of a person that is a
political committee) has received a contribution from a
member of the immediate family of the candidate. For
purposes of this subparagraph, the term `immediate
family' has the meaning given such term in section
9004(e) of the Internal Revenue Code of 1986.
``(3) Limitation.--Paragraph (2) shall apply to a person
with respect to a candidate or authorized committee during a
calendar quarter only if 20 percent or more of that person's
total spending for covered communications in the period
beginning on the first day of the election cycle with respect
to the candidate or committee involved and ending on the first
day of that calendar quarter is attributable to--
``(A) communications that promote or support that
candidate, or attack or oppose the opponent of that
candidate, in the case of covered communications
described in subsection (d)(1); and
``(B) communications that refer to that candidate
or an opponent of that candidate, in the case of
covered communications described in subsection (d)(2).
``(d) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public communication
(as defined in section 301(22)) which--
``(A) promotes or supports the candidate, or
attacks or opposes an opponent of the candidate
(regardless of whether the communication expressly
advocates the election or defeat of a candidate or
contains the functional equivalent of express
advocacy); or
``(B) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A), but
only if the communication is disseminated during the
applicable election period.
``(2) Applicable election period.--In paragraph (1)(B), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers
to a candidate for the office of President or Vice
President, the period which begins on the date that is
120 days before the date of the first primary election,
preference election, or nominating convention for
nomination for the office of President which is held in
any State and ends with the date of the general
election for such office; or
``(B) in the case of a communication which refers
to a candidate for any other office, which begins on
the date that is 90 days before the primary or
preference election, or convention or caucus of a
political party that has authority to nominate a
candidate, for the office sought by the candidate and
ends on the date of the general election for such
office.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(e) Election Cycle Defined.--In this section, the term `election
cycle' means, with respect to an election for Federal office, the
period beginning on the day after the date of the most recent general
election for that office (or, if the general election resulted in a
runoff election, the date of the runoff election) and ending on the
date of the next general election for that office (or, if the general
election resulted in a runoff election, the date of the runoff
election).''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which begins
on the date of the enactment of this Act--
(A) the regulations on coordinated communications
adopted by the Federal Election Commission which are in
effect on the date of the enactment of this Act (as set
forth in 11 CFR part 109, subpart C, under the heading
``Coordination'') are repealed; and
(B) the Federal Election Commission shall
promulgate new regulations on coordinated
communications which reflect the amendments made by
this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations in
accordance with paragraph (1)(B) as of the expiration of such
period.
SEC. 2. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL
CANDIDATES AND OFFICEHOLDERS.
(a) In General.--Section 323(e)(1) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds
to or on behalf of any political committee which
accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting
requirements of this Act (or to or on behalf of any
account of a political committee which is established
for the purpose of accepting such donations or
contributions), or to or on behalf of any political
organization under section 527 of the Internal Revenue
Code of 1986 which accepts such donations or
contributions (other than a committee of a State or
local political party or a candidate for election for
State or local office).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after January 1, 2015. | Amends the Federal Election Campaign Act of 1971 (FECA) to treat as a campaign contribution any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure which is not otherwise treated as a contribution. Repeals the prohibition against contributions by minors. Sets forth rules governing payments for coordinated expenditures, including special rule for payments by coordinated spenders for covered communications. Defines "covered communication" as a public communication which: (1) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (2) refers to the candidate or an opponent of the candidate in other ways, but only if the communication is disseminated during the applicable election period. Prohibits candidates or individuals holding federal office, their agents, and certain related entities from soliciting, receiving, directing, or transferring funds to or on behalf of any political committee which accepts donations or contributions that do not comply with FECA limitations, prohibitions, and reporting requirements, or to or on behalf of any 527 organization which accepts such donations or contributions (other than a committee of a state or local political party or a candidate for election for state or local office). (A 527 organization, tax-exempt in certain circumstances under Section 527 of the Internal Revenue Code, is created primarily to influence the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.) | billsum_train |
Change the following text into a summary: SECTION 1. EQUAL ACCESS TO JUSTICE REFORM.
(a) Short Title.--This Act may be cited as the ``Equal Access to
Justice Reform Amendments of 1995''.
(b) Award of Costs and Fees.--
(1) Administrative proceedings.--Section 504(a)(2) of title
5, United States Code, is amended by inserting after ``(2)''
the following: ``At any time after the commencement of an
adversary adjudication covered by this section, the
adjudicative officer may ask a party to declare whether such
party intends to seek an award of fees and expenses against the
agency should it prevail.''.
(2) Judicial proceedings.--Section 2412(d)(1)(B) of title
28, United States Code, is amended by inserting after ``(B)''
the following: ``At any time after the commencement of an
adversary adjudication covered by this section, the court may
ask a party to declare whether such party intends to seek an
award of fees and expenses against the agency should it
prevail.''.
(c) Hourly Rate for Attorney Fees.--
(1) Administrative proceedings.--Section 504(b)(1)(A)(ii)
of title 5, United States Code, is amended by striking out all
beginning with ``$75 per hour'' and inserting in lieu thereof
``$125 per hour unless the agency determines by regulation that
an increase in the cost-of-living based on the date of final
disposition justifies a higher fee.);''.
(2) Judicial proceedings.--Section 2412(d)(2)(A)(ii) of
title 28, United States Code, is amended by striking out all
beginning with ``$75 per hour'' and inserting in lieu thereof
``$125 per hour unless the court determines that an increase in
the cost-of-living based on the date of final disposition
justifies a higher fee.);''.
(d) Offers of Settlement.--
(1) Administrative Proceedings.--Section 504 of title 5,
United States Code, is amended--
(A) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(B) by inserting after subsection (d) the following
new subsection:
``(e)(1) At any time after the filing of an application for fees
and other expenses under this section, an agency from which a fee award
is sought may serve upon the applicant an offer of settlement of the
claims made in the application. If within 10 days after service of the
offer the applicant serves written notice that the offer is accepted,
either party may then file the offer and notice of acceptance together
with proof of service thereof.
``(2) An offer not accepted shall be deemed withdrawn. The fact
that an offer is made but not accepted shall not preclude a subsequent
offer. If any award of fees and expenses for the merits of the
proceeding finally obtained by the applicant is not more favorable than
the offer, the applicant shall not be entitled to receive an award for
attorneys' fees or other expenses incurred in relation to the
application for fees and expenses after the date of the offer.''.
(2) Judicial Proceedings.--Section 2412 of title 28, United
States Code, is amended--
(A) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(B) by inserting after subsection (d) the following
new subsection:
``(e)(1) At any time after the filing of an application for fees
and other expenses under this section, an agency of the United States
from which a fee award is sought may serve upon the applicant an offer
of settlement of the claims made in the application. If within 10 days
after service of the offer the applicant serves written notice that the
offer is accepted, either party may then file the offer and notice of
acceptance together with proof of service thereof.
``(2) An offer not accepted shall be deemed withdrawn. The fact
that an offer is made but not accepted shall not preclude a subsequent
offer. If any award of fees and expenses for the merits of the
proceeding finally obtained by the applicant is not more favorable than
the offer, the applicant shall not be entitled to receive an award for
attorneys' fees or other expenses incurred in relation to the
application for fees and expenses after the date of the offer.''.
(e) Elimination of Substantial Justification Standard.--
(1) Administrative proceedings.--Section 504 of title 5,
United States Code, is amended--
(A) in subsection (a)(1) by striking out all
beginning with ``, unless the adjudicative officer''
through ``expenses are sought''; and
(B) in subsection (a)(2) by striking out ``The
party shall also allege that the position of the agency
was not substantially justified.''.
(2) Judicial proceedings.--Section 2412(d) of title 28,
United States Code, is amended--
(A) in paragraph (1)(A) by striking out ``, unless
the court finds that the position of the United States
was substantially justified or that special
circumstances make an award unjust'';
(B) in paragraph (1)(B) by striking out ``The party
shall also allege that the position of the United
States was not substantially justified. Whether or not
the position of the United States was substantially
justified shall be determined on the basis of the
record (including the record with respect to the action
or failure to act by the agency upon which the civil
action is based) which is made in the civil action for
which fees and other expenses are sought.''; and
(C) in paragraph (3) by striking out ``, unless the
court finds that during such adversary adjudication the
position of the United States was substantially
justified, or that special circumstances make an award
unjust''.
(f) Reports to Congress.--
(1) Administrative proceedings.--No later than 180 days
after the date of the enactment of this Act, the Administrative
Conference of the United States shall submit a report to the
Congress--
(A) providing an analysis of the variations in the
frequency of fee awards paid by specific Federal
agencies under the provisions of section 504 of title
5, United States Code; and
(B) including recommendations for extending the
application of such sections to other Federal agencies
and administrative proceedings.
(2) Judicial proceedings.--No later than 180 days after the
date of the enactment of this Act, the Department of Justice
shall submit a report to the Congress--
(A) providing an analysis of the variations in the
frequency of fee awards paid by specific Federal
districts under the provisions of section 2412 of title
28, United States Code; and
(B) including recommendations for extending the
application of such sections to other Federal judicial
proceedings.
(g) Effective Date.--The provisions of this Act and the amendments
made by this Act shall take effect 30 days after the date of the
enactment of this Act and shall apply only to an administrative
complaint filed with a Federal agency or a civil action filed in a
United States court on or after such date. | Equal Access to Justice Reform Amendments of 1995 - Authorizes the adjudicative officer (in administrative proceedings) and the court (in judicial proceedings) to ask a party to declare whether such party intends to seek an award of fees and expenses against a Federal agency should it prevail.
Increases the amount of attorney's fees that may be awarded to $125 per hour unless the agency (in administrative proceedings) or the court (in judicial proceedings) determines that an increase in the cost-of-living based on the date of final disposition justifies a higher fee.
Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.
Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified.
Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microcap Fraud Prevention Act of
2001''.
SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934.
Section 15(b)(4) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(b)(4)) is amended--
(1) in each of subparagraphs (A) through (E), by striking
the period at the end and inserting a semicolon;
(2) by striking subparagraph (F) and inserting the
following:
``(F) is subject to any order of the Commission barring or
suspending the right of the person to be associated with a
broker or dealer;'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``has omitted'' and
all that follows through the semicolon and inserting
``omitted to state in any such application, report, or
proceeding any material fact that is required to be
stated therein;'';
(B) in clause (ii)--
(i) by striking ``transactions in
securities,'' and inserting ``securities,
banking, insurance,''; and
(ii) by adding ``or'' at the end; and
(C) in clause (iii)--
(i) by inserting ``other'' after
``violation by any'';
(ii) by striking ``empowering a foreign
financial regulatory authority regarding
transactions in securities,'' and inserting
``regarding securities, banking, insurance,'';
(iii) by striking ``has been found, by a
foreign financial regulatory authority,''; and
(iv) by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following:
``(H) is subject to any order of a State securities
commission (or any agency or office performing like functions),
State authority that supervises or examines financial
institutions, State insurance commission (or any agency or
office performing like functions), or an appropriate Federal
banking agency (as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)) that--
``(i) bars such person from association with an
entity regulated by such commission, authority, agency,
or officer, or from engaging in the business of
securities, insurance, or banking; or
``(ii) constitutes a final order based on
violations of any laws or regulations that prohibit
fraudulent, manipulative, or deceptive conduct.''.
SEC. 3. AMENDMENTS TO THE INVESTMENT ADVISERS ACT OF 1940.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended--
(1) in subsection (e)--
(A) in each of paragraphs (1) through (6), by
striking the period at the end and inserting a
semicolon; and
(B) by striking paragraphs (7) and (8) and
inserting the following:
``(7) is subject to any order of the Commission barring or
suspending the right of the person to be associated with an
investment adviser;
``(8) has been found by a foreign financial regulatory
authority to have--
``(A) made or caused to be made in any application
for registration or report required to be filed with,
or in any proceeding before, that foreign financial
regulatory authority with respect to registration, any
statement that was, at the time and in light of the
circumstances under which it was made, false or
misleading with respect to any material fact, or
omitted to state in any such application or report
filed with, or in any proceeding before, that foreign
financial regulatory authority any material fact that
is required to be stated in the application, report, or
proceeding;
``(B) violated any foreign statute or regulation
regarding securities, banking, insurance, or contracts
of sale of a commodity for future delivery traded on or
subject to the rules of a contract market or any board
of trade; or
``(C) aided, abetted, counseled, commanded,
induced, or procured the violation by any other person
of any foreign statute or regulation regarding
securities, banking, insurance, or contracts of sale of
a commodity for future delivery traded on or subject to
the rules of a contract market or any board of trade,
or failed reasonably to supervise, with a view to
preventing violations of any such statute or
regulation, another person who commits such a
violation, if the other person is subject to its
supervision; or
``(9) is subject to any order of a State securities
commission (or any agency or office performing like functions),
State authority that supervises or examines financial
institutions, State insurance commission (or any agency or
office performing like functions), or an appropriate Federal
banking agency (as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)) that--
``(A) bars such investment adviser or person from
association with an entity regulated by such
commission, authority, agency, or officer, or from
engaging in the business of securities, insurance, or
banking; or
``(B) constitutes a final order based on violations
of any laws or regulations that prohibit fraudulent,
manipulative, or deceptive conduct.''; and
(2) in subsection (f)--
(A) by striking ``(6), or (8)'' and inserting
``(6), (8), or (9)''; and
(B) by striking ``paragraph (2)'' and inserting
``paragraph (2) or (3)''.
SEC. 4. AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940.
Section 9(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-
9(b)) is amended--
(1) in paragraph (4), by striking subparagraphs (A) through
(C) and inserting the following:
``(A) made or caused to be made in any application
for registration or report required to be filed with,
or in any proceeding before, that foreign financial
regulatory authority with respect to registration, any
statement that was, at the time and in light of the
circumstances under which it was made, false or
misleading with respect to any material fact, or
omitted to state in any application or report filed
with, or in any proceeding before, that foreign
financial regulatory authority any material fact that
is required to be stated in the application, report, or
proceeding;
``(B) violated any foreign statute or regulation
regarding securities, banking, insurance, or contracts
of sale of a commodity for future delivery traded on or
subject to the rules of a contract market or any board
of trade; or
``(C) aided, abetted, counseled, commanded,
induced, or procured the violation by any other person
of any foreign statute or regulation regarding
securities, banking, insurance, or contracts of sale of
a commodity for future delivery traded on or subject to
the rules of a contract market or any board of
trade;'';
(2) in paragraph (5), by striking ``or'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following:
``(7) is subject to any order of a State securities
commission (or any agency or office performing like functions),
State authority that supervises or examines financial
institutions, State insurance commission (or any agency or
office performing like functions), or an appropriate Federal
banking agency (as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)) that--
``(A) bars such person from association with an
entity regulated by such commission, authority, agency,
or officer, or from engaging in the business of
securities, insurance, or banking; or
``(B) constitutes a final order based on violations
of any laws or regulations that prohibit fraudulent,
manipulative, or deceptive conduct.''.
SEC. 5. CONFORMING AMENDMENTS.
(a) Municipal Securities Dealers.--Section 15B(c) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o-4(c)) is amended--
(1) in paragraph (2), by striking ``act or omission'' and
all that follows through the period and inserting ``act, or is
subject to an order or finding, enumerated in subparagraph (A),
(D), (E), (G), or (H) of section 15(b)(4), has been convicted
of any offense specified in section 15(b)(4)(B) within 10 years
of the commencement of the proceedings under this paragraph, or
is enjoined from any action, conduct, or practice specified in
section 15(b)(4)(C).''; and
(2) in paragraph (4), in the first sentence, by striking
``any act or omission'' and all that follows through the period
and inserting ``or omitted any act, or is subject to an order
or finding, enumerated in subparagraph (A), (D), (E), (G), or
(H) of section 15(b)(4), has been convicted of any offense
specified in section 15(b)(4)(B) within 10 years of the
commencement of the proceedings under this paragraph, or is
enjoined from any action, conduct, or practice specified in
section 15(b)(4)(C).''.
(b) Government Securities Brokers and Dealers.--Section 15C(c)(1)
of the Securities Exchange Act of 1934 (15 U.S.C. 78o-5(c)(1)) is
amended--
(1) in subparagraph (A), by striking ``or omission
enumerated in subparagraph (A), (D), (E), or (G) of paragraph
(4) of section 15(b) of this title'' and inserting ``, or is
subject to an order or finding, enumerated in subparagraph (A),
(D), (E), (G), or (H) of section 15(b)(4)''; and
(2) in subparagraph (C), by striking ``or omission
enumerated in subparagraph (A), (D), (E), or (G) of paragraph
(4) of section 15(b) of this title'' and inserting ``, or is
subject to an order or finding, enumerated in subparagraph (A),
(D), (E), (G), or (H) of section 15(b)(4)''.
(c) Clearing Agencies.--Section 17A(c) of the Securities Exchange
Act of 1934 (15 U.S.C. 78q-1(c)) is amended--
(1) in paragraph (3)(A), by striking ``any act enumerated
in subparagraph (A), (D), (E), or (G) of paragraph (4) of
section 15(b) of this title'' and inserting ``any act, or is
subject to an order or finding, enumerated in subparagraph (A),
(D), (E), (G), or (H) of section 15(b)(4)''; and
(2) in paragraph (4)(C), in the first sentence, by striking
``any act enumerated'' and all that follows through ``of this
title,'' and inserting ``any act, or is subject to an order or
finding, enumerated in subparagraph (A), (D), (E), (G), or (H)
of paragraph (4) of section 15(b),''.
(d) Statutory Disqualifications.--Section 3(a)(39)(F) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(39)(F)) is amended--
(1) by striking ``any act enumerated in subparagraph (D),
(E), or (G) of paragraph (4) of section 15(b) of this title''
and inserting ``any act, or is subject to an order or finding,
enumerated in subparagraph (D), (E), (G), or (H) of section
15(b)(4)'';
(2) by striking ``subparagraph (B) of such paragraph (4)''
and inserting ``section 15(b)(4)(B)''; and
(3) by striking ``subparagraph (C) of such paragraph (4)''
and inserting ``section 15(b)(4)(C)''.
SEC. 6. BROADENING OF PENNY STOCK BAR.
Section 15(b)(6) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(b)(6)) is amended--
(1) in subparagraph (A)--
(A) by striking ``of any penny stock'' and
inserting ``of any noncovered security'';
(B) by striking ``of penny stock'' and inserting
``of any noncovered security''; and
(C) in clause (i), by striking ``or omission
enumerated'' and all that follows through the semicolon
and inserting ``, or is subject to an order or finding,
enumerated in subparagraph (A), (D), (E), (G), or (H)
of paragraph (4)'';
(2) in subparagraph (B)--
(A) by striking ``an offering of penny stock'' each
place that term appears and inserting ``any securities
offering''; and
(B) in clause (iii), by striking ``such a person''
and inserting ``a person as to whom an order under
section 21(d)(5) or subparagraph (A) of this paragraph
is in effect''; and
(3) by striking subparagraph (C) and inserting the
following:
``(C) For purposes of this paragraph--
``(i) the term `noncovered security' means any security
other than those described in paragraphs (1) and (2) of section
18(b) of the Securities Act of 1933 (15 U.S.C. 77r(b)); and
``(ii) the term `participation in an offering of noncovered
securities'--
``(I) means acting as a promoter, finder,
consultant, or agent, or engaging in activities with a
broker, dealer, or issuer for purposes of the issuance
of or trading in any noncovered security, or inducing
or attempting to induce the purchase or sale of any
noncovered security;
``(II) includes other activities that the
Commission specifies by rule or regulation; and
``(III) excludes any person or class of persons, in
whole or in part, conditionally or unconditionally,
that the Commission, by rule, regulation, or order, may
exclude.''.
SEC. 7. COURT AUTHORITY TO PROHIBIT OFFERINGS OF NONCOVERED SECURITIES.
Section 21(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78u(d)) is amended--
(1) by striking ``(d)(1) Whenever'' and inserting the
following:
``(d) Authority of Courts and Commission for Violations.--
``(1) Court actions.--Whenever'';
(2) in paragraphs (2) and (3), by moving each of the
margins in those paragraphs 2 ems to the right; and
(3) by adding at the end the following:
``(5) Court authority to prohibit persons from
participating in offering of noncovered securities.--
``(A) In general.--In any proceeding under
paragraph (1), the court may prohibit, conditionally or
unconditionally, and permanently or for such period of
time as it shall determine, any person that violated
section 10(b) or the rules or regulations issued
thereunder in connection with any transaction in any
noncovered security from participating in an offering
of a noncovered security.
``(B) Definitions.--For purposes of this
paragraph--
``(i) the term `noncovered security' means
any security other than those described in
paragraphs (1) and (2) of section 18(b) of the
Securities Act of 1933 (15 U.S.C. 77r(b)); and
``(ii) the term `participation in an
offering of noncovered securities'--
``(I) means acting as a promoter,
finder, consultant, or agent, or
engaging in activities with a broker,
dealer, or issuer for purposes of the
issuance of or trading in any
noncovered security, or inducing or
attempting to induce the purchase or
sale of any noncovered security;
``(II) includes other activities
that the Commission specifies by rule
or regulation; and
``(III) excludes any person or
class of persons, in whole or in part,
conditionally or unconditionally, that
the Commission, by rule, regulation, or
order, may exempt.''.
SEC. 8. BROADENING OF OFFICER AND DIRECTOR BAR.
Section 21(d)(2) of the Securities Exchange Act of 1934 (15 U.S.C.
78u(d)(2)) is amended--
(1) by striking ``of this title or that'' and inserting ``,
that''; and
(2) by striking ``of this title if'' and inserting ``, or
the securities of which are quoted in any quotation medium,
if''.
SEC. 9. VIOLATIONS OF COURT ORDERED BARS.
(a) In General.--Section 21 of the Securities Exchange Act of 1934
(15 U.S.C. 78u) is amended by adding at the end the following:
``(j) Bar on Participation.--It shall be unlawful for any person,
against which an order under paragraph (2) or (5) of subsection (d) is
in effect, to serve as officer, director, or participant in any
offering involving a noncovered security (as defined in subsection
(d)(5)(B)) in contravention of that order.''.
(b) Conforming Amendment.--Section 21(d)(3)(D) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(D)) is amended by inserting
``or relating to a violation of subsection (j) of this section,''
before ``each separate''. | Microcap Fraud Prevention Act of 2001 - Amends the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, and the Investment Company Act of 1940 to direct the Securities and Exchange Commission (SEC) to enjoin the activities of any broker, dealer, or investment adviser who: (1) is subject to an SEC order barring or suspending such person's right to be associated with a broker or dealer; (2) has been found by a foreign financial regulatory authority to have violated foreign statutes or regulations governing transactions in securities, banking, and insurance; (3) failed reasonably to supervise with a view to preventing securities, banking, or insurance violations; or (4) is subject to any order of a State regulatory authority barring such person from either engaging in the business of securities, insurance, or banking, or from association with an entity engaged in such businesses. Includes both municipal, and government securities dealers and brokers within the sweep of such regulation.Amends the Securities Exchange Act of 1934 to: (1) extend the penny stock bar to any noncovered security; and (2) make it unlawful for any person who is the subject of certain enforcement sanctions to serve as officer, director, or participant in any offering involving a noncovered security.Authorizes a court to prohibit violators of certain SEC anti-fraud rules from participating in an offering of a noncovered security.Bars persons subject to specified court orders from serving as officers, directors, or participants in any offering involving a noncovered security. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service 100th
Anniversary Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 1916, Congress established the National Park Service
as a bureau within the Department of the Interior to administer
the great national parks and monuments in the United States as
a unified National Park System;
(2) from 1916 to the present, the National Park System has
grown from 37 park units with 6,000,000 acres of land in the
western United States to more than 395 units with 84,000,000
acres of land in nearly every State and territory;
(3) the responsibilities of the National Park Service have
expanded to include--
(A) managing national historic trails and national
scenic trails;
(B) administering wild and scenic rivers;
(C) recognizing the most significant historic
resources in the United States through the National
Register of Historic Places and the National Historic
Landmark program;
(D) providing historic preservation grants; and
(E) assisting communities in meeting their
preservation, conservation, and recreation needs;
(4) the National Park Service Organic Act of 1916 (Public
Law 64-408, 39 Stat. 535), which established the National Park
Service, remains the preeminent law guiding the management of
parks and articulating the core mission of the National Park
Service, ``to conserve the scenery and the natural and historic
objects and the wild life therein and to provide for the
enjoyment of the same in such manner and by such means as will
leave them unimpaired for the enjoyment of future
generations'';
(5) the 100th anniversary of the National Park Service in
2016 will be an occasion to celebrate a century of American
vision and achievement in identifying and preserving the
special places in the United States for the benefit of all, and
the culmination of 100 years of accomplishments by the
employees, partners, and volunteers of the National Park
Service;
(6) 2016 also will mark the beginning of the 2d century of
service of the dedicated employees, partners, and volunteers of
the National Park Service to the people of the United States as
environmental leaders and vigilant stewards of the treasured
places and stories of the United States;
(7) coins commemorating the 100th anniversary of the
National Park Service will bring national and international
attention to the National Park System and to the legacy
Congress left in 1916 when it established a Federal agency to
ensure the protection of the most treasured natural and
cultural resources in the United States for all time; and
(8) the proceeds from a surcharge on the sale of
commemorative coins will assist the financing of the needs of
the parks and programs of the National Park Service, helping to
ensure that the great natural and cultural resources of the
United States will endure for generations to come.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--
(1) $5 gold coins.--The Secretary of the Treasury (referred
to in this Act as the ``Secretary'') shall mint and issue not
more than 100,000 $5 coins, which shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--The Secretary shall mint and issue
not more than 500,000 $1 coins, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--The Secretary shall mint and
issue not more than 750,000 half dollar clad coins, which
shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
clad coins in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 100th anniversary of the
National Park Service.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the face value of the coin;
(B) an inscription of the year ``2016''; 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--
(A) the National Park Service;
(B) the National Park Foundation; and
(C) the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2016, and
ending on December 31, 2016.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
the coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include--
(1) a surcharge of $35 per coin for the $5 coin;
(2) a surcharge of $10 per coin for the $1 coin; and
(3) a surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--
(1) In general.--Subject to section 5134(f) of title 31,
United States Code, all surcharges that are received by the
Secretary from the sale of coins issued under this Act shall be
promptly paid by the Secretary to the National Park Foundation
for projects and programs that help preserve and protect
resources under the stewardship of the National Park Service
and promote public enjoyment and appreciation of those
resources.
(2) Prohibition on land acquisition.--Surcharges paid to
the National Park Foundation pursuant to paragraph (1) may not
be used for land acquisition.
(c) Audits.--The National Park Foundation shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the National Park
Foundation under subsection (b).
(d) Limitations.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the 2 commemorative coin
program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary may issue guidance to carry out this subsection. | National Park Service 100th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue gold, silver, and half-dollar clad coins in commemoration of the 100th anniversary of the establishment of the National Park Service (NPS). Authorizes the issuance of coins under this Act only for a one-year period, beginning on January 1, 2016. Requires all sales of coins minted under this Act to include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Park Foundation for projects and programs to help preserve and protect resources under the stewardship of the NPS and to promote public enjoyment and appreciation of those resources. Prohibits the surcharges paid to the Foundation from being used for land acquisition. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Transfer Act''.
SEC. 2. DISCLOSURE OF PENDING AND COMPLETED DISCIPLINARY PROCEEDINGS
AGAINST A STUDENT.
Section 444(b)(6) of the General Education Provisions Act (20
U.S.C. 1232g(b)(6)) is amended--
(1) in subparagraph (A), by striking ``nonforcible'';
(2) in subparagraph (B)--
(A) by striking ``(B) Nothing'' and inserting the
following:
``(B)(i) Subject to clause (ii), nothing'';
(B) by striking ``nonforcible''; and
(C) by adding at the end the following:
``(ii) No funds shall be made available under any
applicable program to any institution of postsecondary
education that fails--
``(I) with respect to the final results of
any disciplinary proceeding conducted by the
institution against a student who is an alleged
perpetrator of a sex offense, and whom, as a
result of that disciplinary proceeding, the
institution determines committed a violation of
the institution's rules or policies with
respect to such offense, during the 5-year
period beginning on the date the disciplinary
proceeding was completed--
``(aa) to disclose such final
results to an official of any other
institution of postsecondary education
in which the student seeks or intends
to enroll; and
``(bb) to include such final
results on the transcript of such
student;
``(II) with respect to a pending
disciplinary proceeding being conducted by such
institution of postsecondary education against
a student who is an alleged perpetrator of a
sex offense, during the 1-year period beginning
on the first day of such proceeding--
``(aa) to disclose such pending
proceeding to an official of any other
institution of postsecondary education
in which the student seeks or intends
to enroll; and
``(bb) to note that such
disciplinary proceeding is pending on
the transcript of such student; and
``(III) with respect to a disclosure under
subclause (I) or (II)--
``(aa) to notify the student of the
disclosure;
``(bb) to allow the student to
inspect, in person, a copy of the
disciplinary proceeding, which does not
include the name of any other student,
such as a victim or witness; and
``(cc) to provide the student with
an opportunity to write a statement to
accompany the disclosure.
``(iii) The Secretary shall take appropriate steps
to notify institutions of postsecondary education that
disclosure of information described in clause (ii) is
required.''; and
(3) by adding at the end the following:
``(D) For the purpose of this paragraph, the term
`sex offense' has the meaning--
``(i) given the term `sex offense' in
section 485(f)(1)(F)(i)(II) of the Higher
Education Act of 1965 (20 U.S.C.
1092(f)(1)(F)(i)(II));
``(ii) given the term `sexual assault' in
section 485(f)(6)(A)(v) of such Act (20 U.S.C.
1092(f)(6)(A)(v)); and
``(iii) of an offense that meets the
definition of rape, fondling, incest, or
statutory rape under the final regulations
published by the Department of Education in the
Federal Register on October 20, 2014, for
Appendix A of subpart D of part 668, Code of
Federal Regulations (79 Fed. Reg. 62752).''. | Safe Transfer Act This bill amends the Family Educational Rights and Privacy Act of 1974 by prohibiting federal funds for any institution of postsecondary education that fails to disclose to other institutions information related to campus sexual assault on the transcript of: (1) a student who violated the institution's rules or polices with respect to sex offenses, or (2) a student who is accused of sex offenses in a pending disciplinary proceeding. The disclosure requirement terminates five years after a disciplinary proceeding is completed, or one year after the initiation of a proceeding if it is still pending. The student who is subject to the disciplinary proceeding must be notified of the disclosure and be allowed to inspect and copy the disciplinary proceeding, which does not include the name of any other student, such as a victim or witness. The student must also be given the opportunity to write a statement to accompany the disclosure. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Overdose Reduction Act of
2018''.
SEC. 2. PURPOSE.
The purpose of this Act is to save the lives of people who
intentionally or inadvertently overdose on heroin or other opioids by
providing certain protections from civil liability with respect to the
emergency administration of opioid overdose drugs.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``health care professional'' means a person
licensed by a State to prescribe prescription drugs;
(2) the term ``opioid overdose drug'' means a drug that,
when administered, reverses in whole or part the
pharmacological effects of an opioid overdose in the human
body; and
(3) the term ``opioid overdose program'' means a program
operated by a local health department, community-based
organization, substance abuse treatment organization, law
enforcement agency, fire department, other first responder
department, or voluntary association or a program funded by a
Federal, State, or local government that works to prevent
opioid overdoses by in part providing opioid overdose drugs and
education to individuals at risk of experiencing an opioid
overdose or to an individual in a position to assist another
individual at risk of experiencing an opioid overdose.
SEC. 4. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--Except as provided in subsection (b), this Act
preempts the law of a State to the extent that such law is inconsistent
with this Act, except that this Act shall not preempt any State law
that provides additional protection from liability relating to the
administration of opioid overdose drugs or that shields from liability
any person who provides or administers opioid overdose drugs.
(b) Election of State Regarding Nonapplicability.--Sections 5, 6,
and 7 shall not apply to any civil action in a State court against a
person who administers opioid overdose drugs if--
(1) all parties to the civil action are citizens of the
State in which such action is brought; and
(2) the State enacts legislation in accordance with State
requirements for enacting legislation--
(A) citing the authority of this subsection;
(B) declaring the election of the State that such
sections 5, 6, and 7 shall not apply, as of a date
certain, to any civil actions covered by this Act; and
(C) containing no other provisions.
SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH CARE PROFESSIONALS WHO
PROVIDE OPIOID OVERDOSE DRUGS.
(a) Limitation on Liability.--
(1) In general.--Notwithstanding any other provision of
law, a health care professional who prescribes or provides an
opioid overdose drug to an individual at risk of experiencing
an opioid overdose, or who prescribed or provided an opioid
overdose drug to a family member, friend, or other individual
in a position to assist an individual at risk of experiencing
an opioid overdose, shall not be liable for harm caused by the
use of the opioid overdose drug if the individual to whom such
drug is prescribed or provided has been educated in accordance
with paragraph (2) about opioid overdose prevention and
treatment by the health care professional or as part of an
opioid overdose program.
(2) Education requirements.--For purposes of paragraph (1),
an individual who has been educated in accordance with this
paragraph shall have been trained on--
(A) when to administer the opioid overdose drug;
(B) how to administer the opioid overdose drug; and
(C) the steps that need to be taken after
administration of the opioid overdose drug.
(b) Exception.--Subsection (a) shall not apply to a health care
professional if the harm was caused by the gross negligence or reckless
misconduct of the health care professional.
SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WORKING FOR OR
VOLUNTEERING AT A STATE OR LOCAL AGENCY OPIOID OVERDOSE
PROGRAM.
(a) In General.--Notwithstanding any other provision of law, except
as provided in subsection (b), no individual who provides an opioid
overdose drug shall be liable for harm caused by the emergency
administration of an opioid overdose drug by another individual if the
individual who provides such drug--
(1) works for or volunteers at an opioid overdose program;
and
(2) provides the opioid overdose drug as part of the opioid
overdose program to an individual authorized by the program to
receive an opioid overdose drug.
(b) Exception.--Subsection (a) shall not apply if the harm was
caused by the gross negligence or reckless misconduct of the individual
who provides the drug.
SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WHO ADMINISTER
OPIOID OVERDOSE DRUGS.
(a) In General.--Notwithstanding any other provision of law, except
as provided in subsection (b), no individual shall be liable for harm
caused by the emergency administration of an opioid overdose drug to an
individual who has or reasonably appears to have suffered an overdose
from heroin or other opioid, if--
(1) the individual who administers the opioid overdose
drug--
(A) obtained the drug from a health care
professional or as part of an opioid overdose program;
or
(B) is doing so pursuant to a prescription for an
opioid overdose drug under section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) or is
licensed under section 351 of the Public Health Service
Act (42 U.S.C. 262); and
(2) was educated in accordance with section 5(a)(2) by the
health care professional or an opioid overdose program.
(b) Exception.--Subsection (a) shall not apply to an individual if
the harm was caused by the gross negligence or reckless misconduct of
the individual who administers the drug. | Opioid Overdose Reduction Act of 2018 This bill limits an individual's civil liability for harm caused by the emergency administration of an opioid overdose reversal drug (e.g., naloxone) if the individual is one of the following: a licensed health care professional who prescribes or provides the drug to an individual who was educated on its administration; an employee or volunteer at an opioid overdose program who provides the drug, as part of such program, to an authorized recipient who administers it; or an individual who administers the drug after obtaining it from a health care professional or as part of an opioid overdose program, or administers it pursuant to a prescription, and was educated on its administration. This bill preempts an inconsistent state law that provides less protection from civil liability related to the administration of opioid overdose reversal drugs. | billsum_train |
Summarize the following text: SECTION 1. COMMISSION TO EDUCATE OUR NATION'S TEACHERS AND STUDENTS ON
FINANCIAL LITERACY SKILLS.
(a) Findings.--The Congress finds as follows:
(1) A range of trends points to the need for individuals in
the United States to receive a practical economics education
that will give the individuals tools to make responsible
choices about their limited financial resources, choices which
will impact individuals' credit ratings.
(2) An individual's credit rating will affect his or her
ability to buy a home, finance education, establish a small
business and prepare for retirement.
(3) Building and maintaining sound credit requires
knowledge of personal finance and economics.
(4) Basic economics education is a key to understanding
personal finance.
(5) A number of Federal departments and agencies have
implemented programs to improve personal finance and economics
education, including the Departments of Education, Labor,
Treasury, and Housing and Urban Development, as well as the
Federal Deposit Insurance Corporation, the Board of Governors
of the Federal Reserve System, the Federal Trade Commission and
the Securities Exchange Commission.
(6) Coordinating existing Federal efforts, maximizing the
impact of existing private sector efforts, and identifying and
promoting best practices are necessary to improve economic and
personal finance education and to improve individuals' credit
and economic well-being.
(b) Authority To Establish Commission.--Not later than January 31,
2005, the President shall convene a Commission to Educate our Nation's
Teachers and Students on Financial Literacy Skills (hereafter in this
section referred to as the ``Commission'') to examine and identify
government policies that promote economic and financial literacy.
(c) Scope of the Commission.--The scope of the Commission shall
consist of issues relating to economic and financial education.
(d) Purposes.--The purposes of the Commission shall be--
(1) to make recommendations on integrating economic and
personal finance education into primary, secondary, and
postsecondary curricula;
(2) to identify and make recommendations regarding best
practices in economic and personal finance education;
(3) to make recommendations on coordinating existing
Federal and private sector economic and financial literacy
education programs; and
(4) to carry out such other duties as the Commission
members deem appropriate, consistent with this Act.
(e) Commission Members.--To carry out the purposes of the
Commission, the Commission shall include--
(1) three members appointed by the President, one of whom
shall be designated by the President as the Chairperson of the
Commission;
(2) two members appointed by the Speaker of the House of --
--Representatives;
(3) two members appointed by the minority leader of the
House of Representatives;
(4) two members appointed by the majority leader of the
Senate; and
(5) two members appointed by the minority leader of the
Senate.
(f) Appointment Requirements.--The Commission members shall--
(1) be appointed not later than January 31, 2005; and
(2) include at least one representative of each of the
following groups:
(A) Primary and secondary educators.
(B) Postsecondary educators.
(C) The financial services industry.
(D) State and local governments.
(E) organizations involved in promoting economics
education.
(g) Commission Administration.--
(1) Administration.--In administering this section, the
Chairperson of the Commission shall--
(A) request the cooperation and assistance of such
Federal departments and agencies as may be appropriate
in the carrying out of this section;
(B) furnish all reasonable assistance to State
agencies, area agencies, and other appropriate
organizations to enable them to provide testimony and
otherwise participate in the Commission's hearings;
(C) make available for public comment a proposed
agenda for the Commission that reflects to the greatest
extent possible the purposes for the Commission set out
in this section;
(D) prepare and make available background materials
for the use of participants in the Commission that the
Chairperson considers necessary; and
(E) appoint and fix the pay of such additional
personnel as may be necessary to carry out the
provisions of this section without regard to provisions
of title 5, United States Code, governing appointments
in the competitive service, and without regard to
chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule
pay-rates.
(2) Duties of the chairperson.--The Chairperson of the
Commission shall, in carrying out the responsibilities and
functions of the Chairperson under this section, ensure that--
(A) the Commission shall hold hearings in
accordance with this section;
(B) the Commission shall be conducted in a manner
that ensures broad participation of Federal, State, and
local agencies and private organizations,
professionals, and others involved in economic
education; and
(C) the agenda prepared under paragraph (1)(C) for
the Commission is published in the Federal Register.
(3) Nonapplication of federal advisory committee act.--The
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Commission.
(h) Hearings.--
(1) In general.--The Commission shall hold public hearings
to receive testimony related to the recommendations to be
included in the Commission's report identified in subsection
(h)(3).
(2) Field hearings.--The Commission shall conduct at least
4 hearings to be held in different States.
(i) Report.--
(1) In general.--The Commission shall prepare a report
describing the activities and recommendations of the Commission
and shall submit the report to the President, the Speaker and
Minority Leader of the House of Representatives, the Majority
and Minority Leaders of the Senate, and the chief executive
officers of the States not later than July 1, 2005.
(2) Approval of report.--Approval of the Commission's
report shall require a majority of the Commission.
(3) Report contents.--In addition to summarizing the
activities of the Commission, the report shall include
proposals for improving economics and finance education,
including recommendations for--
(A) integrating high quality, standards-based
economic and financial education in the curricula of
primary, secondary and postsecondary education;
(B) identifying best practices in the teaching of
economics and personal finance including teacher
training and development of curricular materials;
(C) coordinating and enhancing existing federal and
private sector efforts to improve economic education
and financial literacy;
(D) assessing and identifying best practices for
the training of teachers and educators in economics and
finance; and
(E) developing models for public-private
partnerships in the promotion of economic and finance
education.
(j) Definition.--For purposes of this section, the term ``State''
means a State, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam, the
Virgin Islands, American Samoa, and any other territory or possession
of the United States.
(k) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years beginning on or after October 1, 2004,
such sums as are necessary to carry out this section.
(l) Financial Obligation for Fiscal Year 2005.--The financial
obligation for the Commission for fiscal year 2005 shall not exceed
$500,000.
(m) Contracts.--The Chairperson of the Commission may enter into
contracts to carry out the Chairperson's responsibilities under this
section. The Chairperson shall enter into a contract on a sole-source
basis to ensure the timely completion of the Commission's activities. | Directs the President to convene a Commission to Educate our Nation's Teachers and Students on Financial Literacy Skills to examine, identify, and report to the President, the congressional leadership, and the chief executive officers of the States on government policies that promote economic and financial literacy. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Nonnative Weed Control Act
of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) public and private land in the United States faces
unprecedented and severe stress from harmful, nonnative weeds;
(2) the economic and resource value of the land is being
destroyed as harmful nonnative weeds overtake native
vegetation, making the land unusable for forage and for diverse
plant and animal communities;
(3) damage caused by harmful nonnative weeds has been
estimated to run in the hundreds of millions of dollars
annually;
(4) successfully fighting this scourge will require
coordinated action by all affected stakeholders, including
Federal, State, and local governments, private landowners, and
nongovernmental organizations;
(5) the fight must begin at the local level, since it is at
the local level that persons feel the loss caused by harmful
nonnative weeds and will therefore have the greatest motivation
to take effective action; and
(6) to date, effective action has been hampered by
inadequate funding at all levels of government and by
inadequate coordination.
(b) Purposes.--The purposes of this Act are--
(1) to provide assistance to eligible weed management
entities in carrying out projects to control or eradicate
harmful, nonnative weeds on public and private land;
(2) to coordinate the projects with existing weed
management areas and districts;
(3) in locations in which no weed management entity, area,
or district exists, to stimulate the formation of additional
local or regional cooperative weed management entities, such as
entities for weed management areas or districts, that organize
locally affected stakeholders to control or eradicate weeds;
(4) to leverage additional funds from a variety of public
and private sources to control or eradicate weeds through local
stakeholders; and
(5) to promote healthy, diverse, and desirable plant
communities by abating through a variety of measures the threat
posed by harmful, nonnative weeds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established under section 5.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--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, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
SEC. 4. ESTABLISHMENT OF PROGRAM.
The Secretary shall establish in the Office of the Secretary a
program to provide financial assistance through States to eligible weed
management entities to control or eradicate harmful, nonnative weeds on
public and private land.
SEC. 5. ADVISORY COMMITTEE.
(a) In General.--The Secretary shall establish in the Department of
the Interior an advisory committee to make recommendations to the
Secretary regarding the annual allocation of funds to States under
section 6 and other issues related to funding under this Act.
(b) Composition.--The Advisory Committee shall be composed of not
more than 10 individuals appointed by the Secretary who--
(1) have knowledge and experience in harmful, nonnative
weed management; and
(2) represent the range of economic, conservation,
geographic, and social interests affected by harmful, nonnative
weeds.
(c) Term.--The term of a member of the Advisory Committee shall be
4 years.
(d) Compensation.--
(1) In general.--A member of the Advisory Committee shall
receive no compensation for the service of the member on the
Advisory Committee.
(2) Travel expenses.--A member of the Advisory Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Advisory
Committee.
(e) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
SEC. 6. ALLOCATION OF FUNDS TO STATES.
(a) In General.--In consultation with the Advisory Committee, the
Secretary shall allocate funds made available for each fiscal year
under section 8 to States to provide funding in accordance with section
7 to eligible weed management entities to carry out projects approved
by States to control or eradicate harmful, nonnative weeds on public
and private land.
(b) Amount.--The Secretary shall determine the amount of funds
allocated to a State for a fiscal year under this section on the basis
of--
(1) the seriousness of the harmful, nonnative weed problem
or potential problem in the State, or a portion of the State;
(2) the extent to which the Federal funds will be used to
leverage non-Federal funds to address the harmful, nonnative
weed problems in the State;
(3) the extent to which the State has made progress in
addressing harmful, nonnative weed problems in the State;
(4) the extent to which weed management entities in a State
are eligible for base payments under section 7; and
(5) other factors recommended by the Advisory Committee and
approved by the Secretary.
SEC. 7. USE OF FUNDS ALLOCATED TO STATES.
(a) In General.--A State that receives an allocation of funds under
section 6 for a fiscal year shall use--
(1) not more than 25 percent of the allocation to make a
base payment to each weed management entity in accordance with
subsection (b); and
(2) not less than 75 percent of the allocation to make
financial awards to weed management entities in accordance with
subsection (c).
(b) Base Payments.--
(1) Use by weed management entities.--
(A) In general.--Base payments under subsection
(a)(1) shall be used by weed management entities--
(i) to pay the Federal share of the cost of
carrying out projects described in subsection
(d) that are selected by the State in
accordance with subsection (d); or
(ii) for any other purpose relating to the
activities of the weed management entities,
subject to guidelines established by the State.
(B) Federal share.--Under subparagraph (A), the
Federal share of the cost of carrying out a project
described in subsection (d) shall not exceed 50
percent.
(2) Eligibility of weed management entities.--To be
eligible to obtain a base payment under paragraph (1) for a
fiscal year, a weed management entity in a State shall--
(A) be established by local stakeholders--
(i) to control or eradicate harmful,
nonnative weeds on public or private land; or
(ii) to increase public knowledge and
education concerning the need to control or
eradicate harmful, nonnative weeds on public or
private land;
(B)(i) for the first fiscal year for which the
entity receives a base payment, provide to the State a
description of--
(I) the purposes for which the entity was
established; and
(II) any projects carried out to accomplish
those purposes; and
(ii) for any subsequent fiscal year for which the
entity receives a base payment, provide to the State--
(I) a description of the activities carried
out by the entity in the previous fiscal year--
(aa) to control or eradicate
harmful, nonnative weeds on public or
private land; or
(bb) to increase public knowledge
and education concerning the need to
control or eradicate harmful, nonnative
weeds on public or private land; and
(II) the results of each such activity; and
(C) meet such additional eligibility requirements,
and conform to such process for determining
eligibility, as the State may establish.
(c) Financial Awards.--
(1) Use by weed management entities.--
(A) In general.--Financial awards under subsection
(a)(2) shall be used by weed management entities to pay
the Federal share of the cost of carrying out projects
described in subsection (d) that are selected by the
State in accordance with subsection (d).
(B) Federal share.--Under subparagraph (A), the
Federal share of the cost of carrying out a project
described in subsection (d) shall not exceed 50
percent.
(2) Eligibility of weed management entities.--To be
eligible to obtain a financial award under paragraph (1) for a
fiscal year, a weed management entity in a State shall--
(A) meet the requirements for eligibility for a
base payment under subsection (b)(2); and
(B) submit to the State a description of the
project for which the financial award is sought.
(d) Projects.--
(1) In general.--An eligible weed management entity may use
a base payment or financial award received under this section
to carry out a project relating to the control or eradication
of harmful, nonnative weeds on public or private land,
including--
(A) education, inventories and mapping, management,
monitoring, and similar activities, including the
payment of the cost of personnel and equipment; and
(B) innovative projects, with results that are
disseminated to the public.
(2) Selection of projects.--A State shall select projects
for funding under this section on a competitive basis, taking
into consideration (with equal consideration given to economic
and natural values)--
(A) the seriousness of the harmful, nonnative weed
problem or potential problem addressed by the project;
(B) the likelihood that the project will prevent or
resolve the problem, or increase knowledge about
resolving similar problems in the future;
(C) the extent to which the payment will leverage
non-Federal funds to address the harmful, nonnative
weed problem addressed by the project;
(D) the extent to which the entity has made
progress in addressing harmful, nonnative weed
problems;
(E) the extent to which the project will provide a
comprehensive approach to the control or eradication of
harmful, nonnative weeds;
(F) the extent to which the project will reduce the
total population of a harmful, nonnative weed within
the State; and
(G) other factors that the State determines to be
relevant.
(3) Scope of projects.--
(A) In general.--A weed management entity shall
determine the geographic scope of the harmful,
nonnative weed problem to be addressed through a
project using a base payment or financial award
received under this section.
(B) Multiple states.--A weed management entity may
use the base payment or financial award to carry out a
project to address the harmful, nonnative weed problem
of more than 1 State if the entity meets the
requirements of applicable State laws.
(4) Land.--A weed management entity may use a base payment
or financial award received under this section to carry out a
project to control or eradicate weeds on any public or private
land with the approval of the owner or operator of the land,
other than land that is devoted to the cultivation of row
crops, fruits, or vegetables.
(5) Prohibition on projects to control aquatic noxious
weeds or animal pests.--A base payment or financial award under
this section may not be used to carry out a project to control
or eradicate aquatic noxious weeds or animal pests.
(e) Administrative Costs.--Not more than 5 percent of the funds
made available under section 8 for a fiscal year may be used by the
States or the Federal Government to pay the administrative costs of the
program established by this Act, including the costs of complying with
Federal environmental laws.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Prohibits such assistance from being used to carry out projects to control or eradicate aquatic noxious weeds or animal pests. | billsum_train |
Summarize the following text: SECTION 1. MODIFICATIONS TO SMALL ISSUE BOND PROVISIONS.
(a) Increase in Amount of Qualified Small Issue Bonds Permitted for
Facilities to be Used by Related Principal Users.--
(1) In general.--Clause (i) of section 144(a)(4)(A)
(relating to $10,000,000 limit in certain cases) is amended by
striking ``$10,000,000'' and inserting ``$20,000,000''.
(2) Cost-of-living adjustment.--Section 144(a)(4) is
amended by adding at the end the following:
``(G) Cost-of-living adjustment.--In the case of a
taxable year beginning in a calendar year after 2002,
the $20,000,000 amount under subparagraph (A) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2001' for `calendar
year 1992' in subparagraph (B) thereof.''.
(3) Clerical amendment.--The heading of paragraph (4) of
section 144(a) is amended by striking ``$10,000,000'' and
inserting ``$20,000,000''.
(4) Effective date.--The amendments made by this subsection
shall apply to--
(A) obligations issued after the date of the
enactment of this Act, and
(B) capital expenditures made after such date with
respect to obligations issued on or before such date.
(b) Definition of Manufacturing Facility.--
(1) In general.--Section 144(a)(12)(C) (relating to
definition of manufacturing facility) is amended to read as
follows:
``(C) Manufacturing facility.--For purposes of this
paragraph, the term `manufacturing facility' means any
facility which is used in--
``(i) the manufacturing or production of
tangible personal property (including the
processing resulting in a change in the
condition of such property),
``(ii) the manufacturing, development, or
production of specifically developed software
products or processes if--
``(I) it takes more than 6 months
to develop or produce such products,
``(II) the development or
production could not with due diligence
be reasonably expected to occur in less
than 6 months, and
``(III) the software product or
process comprises programs, routines,
and attendant documentation developed
and maintained for use in computer and
telecommunications technology, or
``(iii) the manufacturing, development, or
production of specially developed biobased or
bioenergy products or processes if--
``(I) it takes more than 6 months
to develop or produce,
``(II) the development or
production could not with due diligence
be reasonably expected to occur in less
than 6 months, and
``(III) the biobased or bioenergy
product or process comprises products,
processes, programs, routines, and
attendant documentation developed and
maintained for the utilization of
biological materials in commercial or
industrial products, for the
utilization of renewable domestic
agricultural or forestry materials in
commercial or industrial products, or
for the utilization of biomass
materials.
``(D) Related facilities.--For purposes of
subparagraph (C), the term `manufacturing facility'
includes a facility which is directly and functionally
related to a manufacturing facility (determined without
regard to subparagraph (C)) if--
``(i) such facility, including an office
facility and a research and development
facility, is located on the same site as the
manufacturing facility, and
``(ii) not more than 40 percent of the net
proceeds of the issue are used to provide such
facility,
but shall not include a facility used solely for
research and development activities.''.
(2) Effective date.--The amendment made by this subsection
shall apply to obligations issued after the date of the
enactment of this Act. | Amends the Internal Revenue Code regarding qualified small issue bonds to: (1) increase the cap and capital expenditure amounts from $10 million to $20 million, with an inflation adjustment beginning in 2003; and (2) expand the definition of "manufacturing facility" to include certain biotech and software production. | billsum_train |
Condense the following text into a summary: SECTION 1. STATEMENT OF POLICY.
It is the policy of the United States Government that historically
Black colleges and universities and nonprofit organizations owned and
controlled by Black Americans share equitably in the benefits to be
derived from being and becoming full participants in federally funded
research and development activities.
SEC. 2. PURPOSE.
The purpose of this Act is to establish, enhance, and expand the
participation of historically Black colleges and universities and
nonprofit organizations owned and controlled by Black Americans in
research and development through their designation as federally funded
research and development centers.
SEC. 3. ACTIONS REQUIRED.
(a) General Authority.--The Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.) is amended by adding at the end the
following:
``participation of historically black colleges and universities and
nonprofit organizations owned and controlled by black americans in
research and development activities
``Sec. 29. (a)(1) The Federal Acquisition Regulation shall include
regulations to ensure that historically Black colleges and universities
and nonprofit organizations owned and controlled by Black Americans are
afforded the opportunity to participate equitably in research and
development activities conducted for executive agencies.
``(2) The regulations shall require that the head of each executive
agency having regular requirements for research and development--
``(A) except as provided in paragraph (3), designate not
less than 5 historically Black colleges and universities or
nonprofit organizations owned and controlled by Black Americans
to be designated as federally funded research and development
centers for such agency;
``(B) reserve not less than 3 percent of amounts
appropriated to such agency for research and development
activities for purposes of providing technical assistance and
other support to historically Black colleges and universities
and nonprofit organizations owned and controlled by Black
Americans in order to expand the participation of such entities
in federally funded research and development;
``(C) reserve, for purposes of research and development
activities to be conducted by federally funded research and
development centers designated pursuant to subparagraph (A)--
``(i) in the fiscal year 1995, not less than 5
percent of amounts appropriated to such agency for
research and development activities;
``(ii) in the fiscal year 1996, not less than 10
percent of amounts appropriated to such agency for
research and development activities;
``(iii) in the fiscal year 1997, not less than 15
percent of amounts appropriated to such agency for
research and development activities; and
``(iv) in the fiscal year 1998 and in each
succeeding fiscal year, not less than 20 percent of
amounts appropriated to such agency for research and
development activities; and
``(D) with respect to each federally funded research and
development center designated pursuant to paragraph (1)--
``(i) assess any need for technical assistance and
other support; and
``(ii) as soon as practicable, develop and
implement a coordinated plan for delivery of such
assistance.
``(3) The Administrator may authorize an executive agency to
designate fewer than 5 historically Black colleges and universities or
nonprofit organizations owned and controlled by Black Americans as
federally funded research and development centers pursuant to paragraph
(2)(A) if the Administrator determines that amounts reserved by such
agency under paragraph (2)(C) for such centers would be insufficient to
carry out research and development activities at 5 such colleges,
universities, and nonprofit organizations.
``(b) The head of an executive agency designating a federally
funded research and development center pursuant to subsection (a)(2)(A)
shall consider that center as a responsible source for purposes of
research and development contracts and cooperative agreements of that
agency.
``(c) In any fiscal year in which an executive agency does not
expend all of the amounts reserved by such agency pursuant to
subsection (a)(2)(C) for support of research and development activities
at federally funded research and development centers designated
pursuant to subsection (a)(2)(A), any of such amounts that are not so
expended shall be returned to the Treasury of the United States.
``(d) For purposes of this section, the term `historically Black
college and university' means a part B institution as such term is
defined in section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).''.
(b) Annual GAO Study and Report.--
(1) Requirement.--Section 17 of the Office of Federal
Procurement Policy Act (41 U.S.C. 415) is amended by adding at
the end the following new subsection:
``(c) The Comptroller General of the United States shall annually
conduct a study and submit a report to the Congress on the activities
of executive agencies in carrying out this section. Such report shall
specifically include--
``(1) a description of the extent to which each executive
agency is complying with the requirements of such section; and
``(2) a description of technical assistance and other
support provided by the executive agencies.''.
(2) First study and report.--The Comptroller General of the
United States shall conduct the first study, and submit the
first report, required by section 17(c) of the Office of
Federal Procurement Policy Act (as added by paragraph (1))
during 1995.
SEC. 4. EFFECTIVE DATE.
The amendments made by section 3 shall take effect on October 1,
1994. | Amends the Office of Federal Procurement Policy Act to require the Federal Acquisition Regulation to include regulations to ensure the participation (except in specified circumstances) of at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted for executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percentage of its FY 1995 through 1998 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years.
Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Poland Parliamentary
Youth Exchange Program Act of 2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States established diplomatic relations with
the newly-formed Polish Republic in April 1919.
(2) The United States and Poland have enjoyed close
bilateral relations since 1989.
(3) Poland became a member of the North Atlantic Treaty
Organization (NATO) in March 1999.
(4) Poland became a member of the European Union (EU) in
May 2004.
(5) Poland has been a strong supporter, both diplomatically
and militarily, of efforts led by the United States to combat
global terrorism and has contributed troops to the United
States-led coalitions in both Afghanistan and Iraq.
(6) Poland cooperates closely with the United States on
such issues as democratization, nuclear proliferation, human
rights, regional cooperation in Eastern Europe, and reform of
the United Nations.
(7) The United States and Poland seek to ensure enduring
ties between both governments and societies.
(8) It is important to invest in the youth of the United
States and Poland in order to help ensure long-lasting ties
between both societies.
(9) It is in the interest of the United States to preserve
a United States presence in Europe and to continue to
contribute to the development of transatlantic relationships.
(10) Poland for many years received international and
United States financial assistance and is now determined to
invest its own resources toward attaining its shared desire
with the United States to develop international cooperation.
SEC. 3. UNITED STATES-POLAND PARLIAMENTARY YOUTH EXCHANGE PROGRAM.
(a) Authority.--The Secretary of State, in cooperation with the
Government of Poland, may establish and carry out a parliamentary
exchange program for youth of the United States and Poland.
(b) Designation.--The youth exchange program carried out under this
subsection shall be known as the ``United States-Poland Parliamentary
Youth Exchange Program''.
(c) Purpose.--The purpose of the youth exchange program is to
demonstrate to the youth of the United States and Poland the benefits
of friendly cooperation between the United States and Poland based on
common political and cultural values.
(d) Eligible Participants.--An individual is eligible for
participation in the youth exchange program if the individual--
(1) is a citizen or national of the United States or of
Poland;
(2) is under the age of 19 years;
(3) is a student who is enrolled and in good standing at a
secondary school in the United States or Poland;
(4) has been accepted for up to one academic year of study
in a program of study abroad approved for credit at such
school; and
(5) meets any other qualifications that the Secretary of
State may establish for purposes of the program.
(e) Program Elements.--Under the youth exchange program, eligible
participants selected for participation in the program shall--
(1) live in and attend a public secondary school in the
host country for a period of one academic year;
(2) while attending public school in the host country,
undertake academic studies in the host country, with particular
emphasis on the history, constitution, and political
development of the host country;
(3) be eligible, either during or after the completion of
such academic studies, for an internship in an appropriate
position in the host country; and
(4) engage in such other activities as the President
considers appropriate to achieve the purpose of the program.
SEC. 4. ANNUAL REPORT TO CONGRESS.
The Secretary of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives an annual report on the United States-
Poland Parliamentary Youth Exchange Program established under this Act.
Each annual report shall include--
(1) information on the implementation of the Program during
the preceding year:
(2) the number of participants in the Program during such
year;
(3) the names and locations of the secondary schools in the
United States and Poland attended by such participants;
(4) a description of the areas of study of such
participants during their participation in the Program;
(5) a description of any internships taken by such
participants during their participation in the Program; and
(6) a description of any other activities such participants
carried out during their participation in the Program.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
Department of State for fiscal year 2007 such sums as may be necessary
to carry out the youth exchange program authorized by this Act.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available until expended.
Passed the Senate September 7 (legislative day, September
6), 2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | United States-Poland Parliamentary Youth Exchange Program Act of 2006 - Authorizes the Secretary of State, in cooperation with the government of Poland, to establish a United States-Poland Parliamentary Youth Exchange Program for American and Polish secondary students under 19 years old to live in and attend public secondary school in the host country.
Requires an annual program report to the Senate Foreign Relations Committee and the House International Relations Committee.
Authorizes FY2007 appropriations. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Secret Protection Act of
2008''.
SEC. 2. STATE SECRET PRIVILEGE.
In any civil action brought in Federal or State court, the
Government has a privilege to refuse to give evidence and to prevent
any person from giving evidence only if the Government shows that
public disclosure of the evidence that the Government seeks to protect
would be reasonably likely to cause significant harm to the national
defense or the diplomatic relations of the United States.
SEC. 3. PROTECTION OF SECRETS.
(a) In General.--The court shall take steps to protect sensitive
information that comes before the court in connection with proceedings
under this Act. These steps may include reviewing evidence or pleadings
and hearing arguments ex parte, issuing protective orders, requiring
security clearance for parties or counsel, placing material under seal,
and applying security procedures established under the Classified
Information Procedures Act for classified information to protect the
sensitive information.
(b) In Camera Proceedings.--All hearings and other proceedings
under this Act may be conducted in camera, as needed to protect
information or evidence that may be subject to the privilege.
(c) Participation of Counsel.--Participation of counsel in
proceedings under this Act shall not be limited unless the court
determines that the limitation is a necessary step to protect evidence
the Government asserts is protected by the privilege or that supports
the claim of privilege and that no less restrictive means of protection
suffice. The court shall give a written explanation of its decision to
the parties and their counsel, which may be placed under seal.
(d) Production of Adequate Substitute Pending Resolution of the
Claim of Privilege.--If at any point during its consideration of the
Government's claim, the court determines that disclosure of information
to a party or counsel, or disclosure of information by a party that
already possesses it, presents a risk of a harm described in section 2
that cannot be addressed through less restrictive means provided in
this section, the court may require the Government to produce an
adequate substitute, such as a redacted version, summary of the
information, or stipulation regarding the relevant facts, if the court
deems such a substitute feasible. The substitute must be reviewed and
approved by the court and must provide counsel with a substantially
equivalent opportunity to assess and challenge the Government's claim
of privilege as would the protected information.
SEC. 4. ASSERTION OF THE PRIVILEGE.
(a) In General.--The Government may assert the privilege in
connection with any claim in a civil action to which it is a party or
may intervene in a civil action to which it is not a party to do so.
(b) Supporting Affidavits.--If the Government asserts the
privilege, the Government shall provide the court with an affidavit
signed by the head of the executive branch agency with responsibility
for, and control over, the evidence asserted to be subject to the
privilege. In the affidavit, the head of the agency shall explain the
factual basis for the claim of privilege. The Government shall make
public an unclassified version of the affidavit.
SEC. 5. PRELIMINARY PROCEEDINGS.
(a) Preliminary Review by Court.--Once the Government has asserted
the privilege, and before the Court makes any determinations under
section 6, the court shall undertake a preliminary review of the
information the Government asserts is protected by the privilege and
provide the Government an opportunity to seek protective measures under
this Act. After any initial protective measures are in place, the Court
shall proceed to the consideration of additional preliminary matters
under this section.
(b) Consideration of Whether to Appoint Special Master or Expert
Witness.--The court shall consider whether the appointment of a special
master with appropriate expertise or an expert witness, or both, would
facilitate the court's duties under this Act.
(c) Index of Materials.--The court may order the Government to
provide a manageable index of evidence the Government asserts is
subject to the privilege. The index must correlate statements made in
the affidavit required under this Act with portions of the evidence the
Government asserts is subject to the privilege. The index shall be
specific enough to afford the court an adequate foundation to review
the basis of the assertion of the privilege by the Government.
(d) Prehearing Conferences.--After the preliminary review the court
shall hold one or more conferences with the parties to--
(1) determine any steps needed to protect sensitive
information;
(2) define the issues presented by the Government's claim
of privilege, including whether it is possible to allow the
parties to complete nonprivileged discovery before determining
whether the claim of privilege is valid;
(3) order disclosure of evidence to the court needed to
assess the claim, including all evidence the Government asserts
is protected by the privilege and other evidence related to the
Government's claim;
(4) resolve any disputes regarding participation of counsel
or parties in proceedings relating to the claim, including
access to the Government's evidence and arguments;
(5) set a schedule for completion of discovery related to
the Government's claim; and
(6) take other steps as needed, such as ordering counsel or
parties to obtain security clearances.
(e) Security Clearances.--If the court orders a party or counsel to
obtain a security clearance, the Government shall promptly conduct the
necessary review and determine whether or not to provide the clearance.
If the necessary clearance is not promptly provided to counsel for a
party, the party may propose that alternate or additional counsel be
cleared. If within a reasonable time, alternative or additional counsel
selected by the party cannot be cleared, then the court, in
consultation with that party and that party's counsel, shall appoint
another attorney, who can obtain the necessary clearance promptly, to
represent the party in proceedings under this Act. When a security
clearance for counsel sought under this Act is denied, the court may
require the Government to present an ex parte explanation of that
denial.
SEC. 6. PROCEDURES AND STANDARD FOR ASSESSING THE PRIVILEGE CLAIM.
(a) Hearing.--The court shall conduct a hearing to determine
whether the privilege claim is valid.
(b) Basis for Ruling.--
(1) Generally.--The court may not determine that the
privilege is valid until the court has reviewed--
(A) except as provided in paragraph (2), all of the
evidence that the Government asserts is privileged;
(B) the affidavits, evidence, memoranda and other
filings submitted by the parties related to the
privilege claim; and
(C) any other evidence that the court determines it
needs to rule on the privilege.
(2) Sampling in certain cases.--Where the volume of
evidence the Government asserts is privileged precludes a
timely review of each item of evidence, or the court otherwise
determines a review of all of that evidence is not feasible,
the court may substitute a sufficient sampling of the evidence
if the court determines that there is no reasonable possibility
that review of the additional evidence would change the court's
determination on the privilege claim and the evidence reviewed
is sufficient to enable to court to make the independent
assessment required by this section.
(c) Standard.--In ruling on the validity of the privilege, the
court shall make an independent assessment of whether the harm
identified by the Government, as required by section 2, is reasonably
likely to occur should the privilege not be upheld. The court shall
weigh testimony from Government experts in the same manner as it does,
and along with, any other expert testimony.
(d) Burden of Proof.--The Government shall have the burden of proof
as to the nature of the harm and as to the likelihood of its
occurrence.
SEC. 7. EFFECT OF COURT DETERMINATION.
(a) In General.--If the court determines that the privilege is not
validly asserted as to an item of evidence, the item may be disclosed
to a nongovernmental party or admitted at trial, subject to the other
rules of evidence. If the court determines that the privilege is
validly asserted as to an item, that item shall not be disclosed to a
nongovernmental party or the public.
(b) Nonprivileged Substitute.--
(1) Court consideration of substitute.--If the court finds
that the privilege is validly asserted as to an item of
material evidence and it is possible to craft a nonprivileged
substitute, such as those described in section 3(d), for the
privileged evidence that would provide the parties a
substantially equivalent opportunity to litigate the case, the
court shall order the Government to produce the substitute to
the satisfaction of the court.
(2) Refusal to provide.--In a civil action brought against
the Government, if the court orders the Government to provide a
nonprivileged substitute for evidence or information and the
Government fails to comply, in addition to any other
appropriate sanctions, the court shall find against the
Government on the factual or legal issue to which the
privileged information is relevant. If the action is not
brought against the Government, the court shall weigh the
equities and make appropriate orders as provided in subsection
(d).
(c) Opportunity to Complete Discovery.--The court shall not resolve
any issue or claim and shall not grant a motion to dismiss or motion
for summary judgment based on the state secrets privilege and adversely
to any party against whom the Government's privilege claim has been
upheld until that party has had a full opportunity to complete
discovery of nonprivileged evidence and to litigate the issue or claim
to which the privileged evidence is relevant without regard to that
privileged information.
(d) Appropriate Orders in the Interest of Justice.--After reviewing
all available evidence, and only after determining that privileged
evidence, for which it is impossible to create a nonprivileged
substitute, is necessary to decide a factual or legal issue or claim,
the court shall weigh the equities and make appropriate orders in the
interest of justice, such as striking the testimony of a witness,
finding in favor of or against a party on a factual or legal issue to
which the evidence is relevant, or dismissing a claim or counterclaim.
SEC. 8. INTERLOCUTORY APPEAL.
(a) In General.--The courts of appeal shall have jurisdiction of an
appeal by any party from any interlocutory decision or order of a
district court of the United States under this Act.
(b) Appeal.--
(1) In general.--An appeal taken under this section either
before or during trial shall be expedited by the court of
appeals.
(2) During trial.--If an appeal is taken during trial, the
district court shall adjourn the trial until the appeal is
resolved and the court of appeals--
(A) shall hear argument on appeal as expeditiously
as possible after adjournment of the trial by the
district court;
(B) may dispense with written briefs other than the
supporting materials previously submitted to the trial
court;
(C) shall render its decision as expeditiously as
possible after argument on appeal; and
(D) may dispense with the issuance of a written
opinion in rendering its decision.
SEC. 9. REPORTING.
(a) In General.--Consistent with applicable authorities and duties,
including those conferred by the Constitution of the United States upon
the executive and legislative branches, the Attorney General shall
report in writing to the Permanent Select Committee on Intelligence of
the House of Representatives, the Select Committee on Intelligence of
the Senate, and the chairmen and ranking minority members of the
Committees on the Judiciary of the House of Representatives and Senate
on any case in which the Government invokes a state secrets privilege,
not later than 30 calendar days after the date of such assertion. Each
report submitted under this subsection shall include all affidavits
filed under this Act by the Government.
(b) Operation and Effectiveness.--
(1) In general.--The Attorney General shall deliver to the
committees of Congress described in subsection (a) a report
concerning the operation and effectiveness of this Act and
including suggested amendments to the Act.
(2) Deadline.--The Attorney General shall submit this
report not later than 1 year after the date of enactment of
this Act, and every year thereafter until the date that is 3
years after that date of enactment. After the date that is 3
years after that date of enactment, the Attorney General shall
submit a report under paragraph (1) as necessary.
SEC. 10. RULE OF CONSTRUCTION.
This Act provides the only privilege that may be asserted based on
state secrets and the standards and procedures set forth in this Act
apply to any assertion of the privilege.
SEC. 11. APPLICATION.
This Act applies to claims pending on or after the date of
enactment of this Act. A court also may relieve a party or its legal
representative from a final judgment, order, or proceeding that was
based, in whole or in part, on the state secrets privilege if--
(1) the motion for relief is filed with the rendering court
within one year of the date of enactment of this Act;
(2) the underlying judgment, order, or proceeding from
which the party seeks relief was entered after January 1, 2002;
and
(3) the claim on which the judgement, order, or proceeding
is based is--
(A) against the Government; or
(B) arises out of conduct by persons acting in the
capacity of a Government officer, employee, or agent. | State Secret Protection Act of 2008 - Declares that in any civil action brought in federal or state court the government has a privilege to refuse to give evidence and to prevent any person from giving evidence only if the government shows that public disclosure of the evidence that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States.
Requires the court to take steps, including in camera hearings and other proceedings, to protect sensitive information that comes before it.
Sets forth rules regarding the participation of counsel or the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes for privileged evidence.
Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party; or (2) intervene in a civil action to which it is not a party in order to do so.
Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question; and (2) provide the government an opportunity to seek protective measures under this Act.
Establishes procedures and a standard for assessing the privilege claim.
Allows disclosure of an item of evidence to a nongovernmental party, or admission at trial, if the court determines that the privilege is not validly asserted. Prohibits such disclosure or admission if the privilege is determined valid.
Grants the courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court. | billsum_train |
Provide a condensed version of the following text: SECTION 1. CHARTER.
The National Academies of Practice organized and incorporated under
the laws of the District of Columbia, is hereby recognized as such and
is granted a Federal charter.
SEC. 2. CORPORATE POWERS.
The National Academies of Practice (hereafter referred to in this
Act as the ``corporation'') shall have only those powers granted to it
through its bylaws and articles of incorporation filed in the State in
which it is incorporated and subject to the laws of such State.
SEC. 3. PURPOSES OF CORPORATION.
The purposes of the corporation shall be to honor persons who have
made significant contributions to the practice of applied psychology,
dentistry, medicine, nursing, optometry, osteopathy, podiatry, social
work, veterinary medicine, and other health care professions, and to
improve the practices in such professions by disseminating information
about new techniques and procedures.
SEC. 4. SERVICE OF PROCESS.
With respect to service of process, the corporation shall comply
with the laws of the State in which it is incorporated and those States
in which it carries on its activities in furtherance of its corporate
purposes.
SEC. 5. MEMBERSHIP.
Eligibility for membership in the corporation and the rights and
privileges of members shall be as provided in the bylaws of the
corporation.
SEC. 6. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES.
The composition and the responsibilities of the board of directors
of the corporation shall be as provided in the articles of
incorporation of the corporation and in conformity with the laws of the
State in which it is incorporated.
SEC. 7. OFFICERS OF THE CORPORATION.
The officers of the corporation and the election of such officers
shall be as provided in the articles of incorporation of the
corporation and in conformity with the laws of the State in which it is
incorporated.
SEC. 8. RESTRICTIONS.
(a) Use of Income and Assets.--No part of the income or assets of
the corporation shall inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of
this charter. Nothing in this subsection shall be construed to prevent
the payment of reasonable compensation to the officers of the
corporation or reimbursement for actual necessary expenses in amounts
approved by the board of directors.
(b) Loans.--The corporation shall not make any loan to any officer,
director, or employee of the corporation.
(c) Political Activity.--The corporation, any officer, or any
director of the corporation, acting as such officer or director, shall
not contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
(d) Issuance of Stock and Payment of Dividends.--The corporation
shall have no power to issue any shares of stock nor to declare or pay
any dividends.
(e) Claims of Federal Approval.--The corporation shall not claim
congressional approval or Federal Government authority for any of its
activities.
SEC. 9. LIABILITY.
The corporation shall be liable for the acts of its officers and
agents when acting within the scope of their authority.
SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The corporation shall keep
correct and complete books and records of account and shall keep
minutes of any proceeding of the corporation involving any of its
members, the board of directors, or any committee having authority
under the board of directors.
(b) Names and Addresses of Members.--The corporation shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to
vote, or by any agent or attorney of such member, for any proper
purpose, at any reasonable time.
(d) Application of State Law.--Nothing in this section shall be
construed to contravene any applicable State law.
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended--
(1) by redesignating paragraph (72) as paragraph (71);
(2) by designating the paragraph relating to the Non
Commissioned Officers Association of the United States of
America, Incorporated, as paragraph (72);
(3) by redesignating paragraph (60), relating to the
National Mining Hall of Fame and Museum, as paragraph (73); and
(4) by adding at the end the following:
``(75) National Academies of Practice.''.
SEC. 12. ANNUAL REPORT.
The corporation shall report annually to the Congress concerning
the activities of the corporation during the preceding fiscal year.
Such annual report shall be submitted at the same time as is the report
of the audit for such fiscal year required by section 3 of the Act
referred to in section 11 of this Act. The report shall not be printed
as a public document.
SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER.
The right to alter, amend, or repeal this Act is expressly reserved
to the Congress.
SEC. 14. DEFINITION.
For purposes of this Act, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, and the territories and
possessions of the United States.
SEC. 15. TAX-EXEMPT STATUS.
The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986 or any
corresponding similar provision.
SEC. 16. TERMINATION.
If the corporation fails to comply with any of the restrictions or
provisions of this Act the charter granted by this Act shall terminate. | Grants a Federal charter to the National Academies of Practice (a nonprofit corporation organized under the laws of the District of Columbia). | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefits Improvement
Act of 1993''.
SEC. 2. ADJUSTMENTS IN EXEMPT AMOUNT FOR PURPOSES OF THE RETIREMENT
TEST.
(a) Increase in Exempt Amount for Individuals Who Have Attained
Retirement Age.--Section 203(f)(8)(D) of the Social Security Act (42
U.S.C. 403(f)(8)(D)) is amended to read as follows:
``(D)(i) Notwithstanding any other provision of this
subsection, the exempt amount which is applicable to an
individual who has attained retirement age (as defined in
section 216(1)) before the close of the taxable year involved
shall be--
``(I) for the taxable year beginning after 1993 and
before 1995, $1,000.00,
``(II) for the taxable year beginning after 1994
and before 1996, $1,166.66\2/3\,
``(III) for the taxable year beginning after 1995
and before 1997, $1,333.33\1/3\,
``(IV) for the taxable year beginning after 1996
and before 1998, $1,500.00, and
``(V) for the taxable year beginning after 1997 and
before 1999, $1,666.66\2/3\.
``(ii) For purposes of subparagraph (B)(ii)(II), the
increase in the exempt amount provided under clause (i)(V)
shall be deemed to have resulted from a determination which
shall be deemed to have been made under subparagraph (A) in
1997.''.
(b) Conforming Amendment.--The second sentence of section 223(d)(4)
of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``the exempt
amount under section 203(f)(8) which is applicable to individuals
described in subparagraph (D) thereof'' and inserting the following:
``an amount equal to the exempt amount which would have been applicable
under section 203(f)(8), to individuals described in subparagraph (D)
thereof, if section 2 of the Social Security Benefits Improvement Act
of 1993 had not been enacted''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after 1993.
SEC. 3. ADJUSTMENT IN RATE OF ACTUARIAL REDUCTION IN AMOUNT OF WIDOW'S
AND WIDOWER'S INSURANCE BENEFITS SO AS TO REDUCE MAXIMUM
REDUCTIONS TO 25 PERCENT.
(a) In General.--Section 202(q)(1)(A) of the Social Security Act
(42 U.S.C. 402(q)(1)(A)) is amended by striking ``\19/40\ of 1
percent'' and inserting ``\5/12\ of 1 percent''.
(b) Conforming Amendments.--
(1) Section 202(q)(9) of such Act (42 U.S.C. 402(q)(9)) is
amended by striking ``28.5 percent'' each place it appears and
inserting ``25.0 percent''.
(2) Section 202(q)(10) of such Act (42 U.S.C. 402(q)(10))
is amended by striking ``\19/40\ of 1 percent'' each place it
appears and inserting ``\5/12\ of 1 percent''.
(c) Effective Date and Transition Rule.--
(1) Effective date.--The amendments made by this section
shall apply with respect to benefits for months after January
1994.
(2) Transition rule.--Section 1634 of the Social Security
Act (42 U.S.C. 1383c) is amended by adding at the end the
following new subsection:
``(e)(1) In the case of any eligible widow or widower (as defined
in paragraph (2)) who is entitled to a widow's or widower's insurance
benefit under section 202 (e) or (f) for any month but is not eligible
for benefits under this title in that month--
``(A) such eligible widow or widower shall be deemed for
purposes of title XIX to be an individual with respect to whom
supplemental security income benefits are paid under this title
in that month, if he or she would be eligible for such benefits
in the month involved if the amount of the increase described
in paragraph (2)(B) in his or her widow's or widower's
insurance benefits (and any subsequent cost-of-living
adjustments in such benefits under section 215(i)) were
disregarded, and
``(B) such eligible widow or widower shall be deemed for
purposes of title XIX to be an individual with respect to whom
State supplementary payments, of the type referred to in
section 1616(a) of this Act or in section 212(a) of Public Law
93-66 which are paid by the Secretary under an agreement
referred to in such section 1616(a) or in section 212(b) of
Public Law 93-66, are paid in that month, if he or she would be
eligible for such payments in the month involved if the amount
of the increase described in paragraph (2)(B) in his or her
widow's or widower's insurance benefits (and any subsequent
cost-of-living adjustments in such benefits under section
215(i)) were disregarded.
``(2) For purposes of paragraph (1), the term `eligible widow or
widower' means an individual--
``(A) who is entitled to a widow's or widower's insurance
benefit under section 202 (e) or (f) for January 1994 and with
respect to whom a benefit under this title was paid in that
month, and
``(B) who, because of the increase in the amount of his or
her widow's or widower's insurance benefits which results from
the amendments made by subsections (a) and (b) of section 3 of
the Social Security Benefits Improvement Act of 1993, is not
eligible for benefits under this title in the first month in
which such increase is paid to him or her (and in which a
retroactive payment of such increase for prior months was not
made).
``(3) For purposes of this subsection, the term `benefit under this
title' means a supplemental security income benefit under this title,
and a State supplementary payment of the type referred to in section
1616(a) (or a payment of the type referred to in section 212(a) of
Public Law 93-66) which is paid by the Secretary under an agreement
referred to in section 1616(a) (or in section 212(b) of Public Law 93-
66).''.
SEC. 4. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND
WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.
(a) Widow's Insurance Benefits.--
(1) In general.--Section 202(e) of the Social Security Act
(42 U.S.C. 402(e)) is amended--
(A) in paragraph (1)(B)(ii), by striking ``which
began before the end of the period specified in
paragraph (4)'';
(B) in paragraph (1)(F)(ii), by striking ``(I) in
the period specified in paragraph (4) and (II)'';
(C) by striking paragraph (4) and by redesignating
paragraphs (5) through (9) as paragraphs (4) through
(8), respectively; and
(D) in paragraph (4)(A)(ii) (as redesignated), by
striking ``whichever'' and all that follows through
``begins'' and inserting ``the first day of the
seventeenth month before the month in which her
application is filed''.
(2) Conforming amendments.--
(A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C.
402(e)(1)(F)(i)) is amended by striking ``paragraph
(5)'' and inserting ``paragraph (4)''.
(B) Section 202(e)(1)(C)(ii)(III) of such Act (42
U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking
``paragraph (8)'' and inserting ``paragraph (7)''.
(C) Section 202(e)(2)(A) of such Act (42 U.S.C.
402(e)(2)(A)) is amended by striking ``paragraph (7)''
and inserting ``paragraph (6)''.
(D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C.
426(e)(1)(A)(i)) is amended by striking ``202(e)(4)''.
(b) Widower's Insurance Benefits.--
(1) In general.--Section 202(f) of such Act (42 U.S.C.
402(f)) is amended--
(A) in paragraph (1)(B)(ii), by striking ``which
began before the end of the period specified in
paragraph (5)'';
(B) in paragraph (1)(F)(ii), by striking ``(I) in
the period specified in paragraph (5) and (II)'';
(C) by striking paragraph (5) and by redesignating
paragraphs (6) through (9) as paragraphs (5) through
(8), respectively; and
(D) in paragraph (5)(A)(ii) (as redesignated), by
striking ``whichever'' and all that follows through
``begins'' and inserting ``the first day of the
seventeenth month before the month in which his
application is filed''.
(2) Conforming amendments.--
(A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C.
402(f)(1)(F)(i)) is amended by striking ``paragraph
(6)'' and inserting ``paragraph (5)''.
(B) Section 202(f)(1)(C)(ii)(III) of such Act (42
U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking
``paragraph (8)'' and inserting ``paragraph (7)''.
(C) Section 226(e)(1)(A)(i) of such Act (as amended
by subsection (a)(2)) is further amended by striking
``, 202(f)(1)(B)(2), and 202(f)(5)'' and inserting
``and 202(f)(1)(B)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months after August 1993 for which
applications are filed or pending on or after September 1, 1993.
SEC. 5. INCREASE IN OASDI CONTRIBUTION AND BENEFIT BASE.
Section 230(c) of the Social Security Act (42 U.S.C. 430(c)) is
amended--
(1) in the first sentence, by striking ``and'' before
``(2)'', by striking the period at the end of subclause (D) of
clause (2) and inserting a comma, and by adding at the end,
after and below such subclause (D), the following:
``and (3) the `contribution and benefit base' with respect to
remuneration paid (and taxable years beginning) in 1994 shall be the
contribution and benefit base which would be determined under this
section with respect to remuneration paid (and taxable years beginning)
in such year if section 5 of the Social Security Benefits Improvement
Act of 1993 had not been enacted, plus $2,100.00.'';
(2) in the last sentence, by striking ``in 1982 and
subsequent years'' and inserting ``in years beginning after
1981 and ending before 1994''; and
(3) by adding at the end the following new sentence: ``For
purposes of determining under subsection (b) the `contribution
and benefit base' with respect to remuneration paid (and
taxable years beginning) in 1995 and subsequent years, the
contribution and benefit base determined under clause (3) of
the first sentence of this subsection shall be considered to
have resulted from the application of such subsection (b) and
to be the contribution and benefit base determined (with
respect to 1994) under that subsection.''. | Social Security Benefits Improvement Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; and (4) increase the OASDI contribution and benefit base beginning in 1994. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Infrastructure Power
Security and Assurance Incentives Act of 2003''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds that--
(1) In order to fortify and protect critical infrastructure
systems and facilities like military installations, banks,
utilities, and information technology systems from potential
terrorist threats and to provide efficient and assured power to
such facilities advanced technologies must be encouraged and
installed by U.S. electricity providers.
(2) Dependence on foreign oil is a matter of national
security and the nation must consider all energy resource
options, including support for energy efficiency and renewable
resources and technologies that will ensure a diverse energy
portfolio.
(3) Estimates are that power outages, brownouts, and other
voltage disturbances cost U.S. industry up to $150 billion per
year and cause great disruption to the Nation's economy.
(4) Distributed Power systems, such as fuel cells, turbines
and hybrid combinations of these technologies, backed up with
storage systems, can reduce costly outages, and ensure more
assured and secure and reliable power generation and
distribution, protected from potential terrorist threats to our
national infrastructure.
(b) Advanced Technology Incentives Program.--(1) The Secretary of
Energy shall establish within the Department of Energy an Advanced
Technology Incentives Program to make funding available, subject to
annual appropriation, to accelerate the development and deployment of
new advanced technologies such as fuel cells, turbines, hybrid, and
storage system power technologies.
(2) Advanced technology funding provided under this section shall
be used by the Secretary for payments to eligible owners or operators
to support efforts to reduce system costs, and improve the performance
and reliability of advanced distributed power generation and energy
storage systems. Payments made by the Secretary shall be used for the
purposes of demonstrating the capability of new technologies to
increase power generation through enhanced operational, economic, and
environmental performance.
(3) Payments under this section may only be made upon receipt by
the Secretary of an incentive payment application establishing that an
applicant is eligible to receive such payment as either--
(A) a qualifying advanced technology facility, or
(B) a qualifying security and assured power facility
(4) Incentive payments made by the Secretary under this section to
owners or operators of qualifying advanced technology facilities shall
be based on the number of kilowatt hours of electricity generated by
the facility through the use of an advanced technology during a 10-year
fiscal year period beginning with the fiscal year in which the
qualifying facility is first eligible for payment.
(5) A payment of 1.8 cents per kilowatt-hour shall be paid to the
owner or operator of a qualifying advanced technology facility under
this section. An additional 0.7 cents per kilowatt-hour shall be paid
to the owner or operator that is also a qualifying security and assured
power facility under this section. The amount of the payment made to
such qualifying facilities shall be adjusted for inflation for each
fiscal year of the program as determined by the Secretary. A facility
qualifying under this section shall be eligible for an incentive
payment up to, but not to exceed the first 10 million kilowatt-hours
produced in any fiscal year.
(c) Determination of a Security and Power Facility.--Within six
months after the date of enactment of this section, the Secretary, in
consultation with the Secretary of Homeland Security, shall--
(1) measure, evaluate and rate security and assurance
performance improvement,
(2) define the types of locations and facilities that would
most need the benefits of the improvements,
(3) determine the criteria for facilities that generate or
store and distribute electric energy that improves the
security, assurance, and reliability of the nation's
electricity grid and protects infrastructure including military
installations, financial institutions, medical and first
responder facilities, and other locations critical to the
security of the nation, and
(4) report back to the Committee on Energy and Commerce of
the United States House of Representatives on ways that
incentive payments under this section can accelerate the
introduction of technologies capable of providing the maximum
level of improvement and benefit to the public.
(d) Definitions.--For purposes of this section:
(1) Advanced technology.--The term ``advanced technology''
means an advanced fuel cell, turbine, hybrid, or storage system
power that is used to generate or store electric energy at or
in conjunction with a qualifying advanced technology facility.
(2) Qualifying advanced technology facility.--The term
``qualifying advanced technology facility'' means any facility
that generates electric energy from a power generation, storage
and distribution system.
(3) Qualifying security and assured power facility.--The
term ``qualifying security and assurance power facility'' means
a facility that also generates or stores and distributes
electric energy that improves the security and assures the
reliability of the nation's electricity infrastructure in
locations and facilities determined by the Secretary, in
consultation with the Secretary of Homeland Security, to be in
critical need of improvement and protection. The facility must
substantially reduce electric system vulnerabilities by
providing exceedingly secure, reliable, rapidly available, high
power quality electric energy to critical governmental,
commercial and industrial demand facilities.
(e) Authorization of Appropriations.--The following sums are
authorized to be apppropriated to carry out the purposes of this
section:
(1) For fiscal year 2004, $25,000,000.
(2) For fiscal year 2005, $50,000,000.
(3) For fiscal year 2006, $75,000,000.
(4) For fiscal year 2007, $100,000,000. | Homeland Infrastructure Power Security and Assurance Incentives Act of 2003 - Instructs the Secretary of Energy to establish within the Department of Energy an Advanced Technology Incentives Program to provide funding to accelerate development and deployment of new advanced technologies such as fuel cells, turbines, hybrid, and storage system power technologies.
Requires the use of such funding for: (1) eligible owners or operators to support efforts to reduce system costs, and improve the performance and reliability of advanced distributed power generation and energy storage systems; and (2) demonstrating the capability of new technologies to increase power generation through enhanced operational, economic, and environmental performance.
Directs the Secretary to: (1) evaluate security and assurance performance improvement; (2) define locations and facilities that would benefit most from such improvements; and (3) determine the criteria for facilities that generate or store and distribute electric energy that improves the security and reliability of the nation's electricity grid and protects locations critical to its security (including military installations, financial institutions, medical and first responder facilities). | billsum_train |
Create a condensed overview of the following text: SECTION 1. NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND RESPONSE.
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 R--NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND RESPONSE
``SEC. 399Z-1. NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND
RESPONSE.
``(a) In General.--There is established within the Centers for
Disease Control and Prevention a center to be known as the National
Center for Bioterrorism Preparedness and Response (referred to in this
section as the `Center') that shall be headed by a director appointed
by the Director of the Centers for Disease Control and Prevention.
``(b) Duties.--The Director of the Center shall--
``(1) administer grants to State and local public health
entities, such as health departments, academic institutions,
and other public health partners to upgrade public health core
capacities, including--
``(A) improving surveillance and epidemiology;
``(B) increasing the speed of laboratory diagnosis;
``(C) ensuring a well-trained public health
workforce; and
``(D) providing timely, secure communications and
information systems (such as the Health Alert Network);
``(2) maintain, manage, and in a public health emergency
deploy, the National Pharmaceutical Stockpile administered by
the Centers for Disease Control;
``(3) ensure that all States have functional plans in place
for effective management and use of the National Pharmaceutical
Stockpile should it be deployed;
``(4) establish, in consultation with the Department of
Justice, the Department of Energy, and the Department of
Defense, a list of biological, chemical, and radiological
agents and toxins that could pose a severe threat to public
health and safety;
``(5) at least every 6 months review, and if necessary
revise, in consultation with the Department of Justice, the
Department of Energy, and the Department of Defense, the list
established in paragraph (4);
``(6) regulate and track the agents and toxins listed
pursuant to paragraph (4) by--
``(A) in consultation and coordination with the
Department of Justice, the Department of Energy, and
the Department of Defense--
``(i) establishing procedures for access to
listed agents and toxins, including a screening
protocol to ensure that individual access to
listed agents and toxins is limited; and
``(ii) establishing safety standards and
procedures for the possession, use, and
transfer of listed agents and toxins, including
reasonable security requirements for persons
possessing, using, or transferring listed
agents, so as to protect public health and
safety; and
``(B) requiring registration for the possession,
use, and transfer of listed agents and toxins and
maintaining a national database of the location of such
agents and toxins; and
``(7) train, prepare, and equip bioterrorism emergency
response teams, composed of members of the Epidemic
Intelligence Service, who will be dispatched immediately in the
event of a suspected terrorist attack involving biological,
chemical, or radiological weapons;
``(8) expand and improve the Laboratory Response Network;
``(9) organize and carry out simulation exercises with
respect to terrorist attacks involving biological, chemical, or
radiological weapons, in coordination with State and local
governments for the purpose of assessing preparedness;
``(10) develop and implement disease surveillance measures,
including a nationwide electronic network linking doctors,
hospitals, public health departments, and the Centers for
Disease Control and Prevention, for the early detection,
identification, collection, and monitoring of terrorist attacks
involving biological, chemical, or radiological weapons;
``(11) develop response plans for all conceivable
contingencies involving terrorist attacks with biological,
chemical, or radiological weapons, that specify protocols of
communication and coordination between Federal, State, and
local actors, as well as between different Federal actors, and
ensure that resources required to carry out the plans are
obtained and put into place; and
``(12) perform any other relevant responsibilities the
Secretary deems appropriate.
``(c) Transfers.--
``(1) In general.--Notwithstanding any other provision of
law, on the date described in paragraph (4), each program and
function described in paragraph (3) shall be transferred to,
and administered by the Center.
``(2) Related transfers.--Personnel employed in connection
with the programs and functions described in paragraph (3), and
amounts available for carrying out such programs and functions
shall be transferred to the Center. Such transfer of amounts
does not affect the availability of the amounts with respect to
the purposes for which the amounts may be expended.
``(3) Programs and functions described.--The programs and
functions described in this paragraph are all programs and
functions that--
``(A) relate to bioterrorism preparedness and
response; and
``(B) were previously dispersed among the various
centers that comprise the Centers for Disease Control
and Prevention.
``(4) Date described.--The date described in this paragraph
is the date that is 180 days after the date of enactment of
this section.''. | Amends the Public Health Service Act to establish within the Centers for Disease Control and Prevention a National Center for Bioterrorism Preparedness and Response.Requires the Director of such Center to: (1) administer grants to State and local public health entities to upgrade public health core capacities including surveillance, epidemiology, laboratory diagnosis, the workforce, and information systems; (2) manage and deploy when necessary the National Pharmaceutical Stockpile; (3) ensure States have Stockpile use plans; (4) establish and revise a list of biological, chemical, and radiological agents and toxins that could pose a severe threat to public health and safety; (5) regulate and track listed agents and toxins; (6) train and equip bioterrorism emergency response teams; (7) expand and improve the Laboratory Response Network; (8) organize and carry out simulation exercises; (9) develop and implement disease surveillance measures which include a nationwide electronic network; and (10) develop contingency response plans. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fugitive Apprehension Assistance Act
of 2005''.
SEC. 2. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.
(a) In General.--Chapter 49 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1075. Administrative subpoenas to apprehend fugitives
``(a) Definitions.--In this section:
``(1) Fugitive.--The term `fugitive', inter alia, means a
person who--
``(A) having been accused of committing a felony by
complaint, information, or indictment under Federal law
or having been convicted of committing a felony under
Federal law, flees or attempts to flee from or evades
or attempts to evade the jurisdiction of the court with
jurisdiction over the felony;
``(B) having been accused of committing a felony by
complaint, information, or indictment under State law
or having been convicted of committing a felony under
State law, flees or attempts to flee from, or evades or
attempts to evade, the jurisdiction of the court with
jurisdiction over the felony;
``(C) escapes from lawful Federal or State custody
after having been accused by complaint, information, or
indictment or having been convicted of committing a
felony under Federal or State law; or
``(D) is in violation of subparagraph (2) or (3) of
the first undesignated paragraph of section 1073.
``(2) Investigation.--The term `investigation' means, with
respect to a State fugitive described in subparagraph (B) or
(C) in paragraph (1), an investigation in which there is reason
to believe that the fugitive fled from or evaded, or attempted
to flee from or evade, the jurisdiction of the court, or
escaped from custody, in or affecting, or using any facility
of, interstate or foreign commerce, or as to whom an
appropriate law enforcement officer or official of a State or
political subdivision has requested the Attorney General to
assist in the investigation, and the Attorney General finds
that the particular circumstances of the request give rise to a
Federal interest sufficient for the exercise of Federal
jurisdiction pursuant to section 1075.
``(3) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(b) Subpoenas and Witnesses.--
``(1) Subpoenas.--In any investigation with respect to the
apprehension of a fugitive, the Attorney General may subpoena
witnesses for the purpose of the production of any records
(including books, papers, documents, electronic data, and other
tangible and intangible items that constitute or contain
evidence) that the Attorney General finds, based on articulable
facts, are relevant to discerning the whereabouts of the
fugitive. A subpoena under this subsection shall describe the
records or items required to be produced and prescribe a return
date within a reasonable period of time within which the
records or items can be assembled and made available: Provided,
however, That procedures other than subpoenas shall be used to
obtain documents and information from Federal agencies.
``(2) Witnesses.--The attendance of witnesses and the
production of records may be required from any place in any
State or other place subject to the jurisdiction of the United
States at any designated place where the witness was served
with a subpoena, except that a witness shall not be required to
appear more than 500 miles distant from the person's residence
or from the place where the witness was served. Witnesses
summoned under this section shall be paid the same fees and
mileage that are paid witnesses in the courts of the United
States.
``(3) Prohibitions.--Nothing in this section shall require
the attendance of witnesses or the production of records whose
attendance or production is otherwise prohibited by law.
``(c) Service.--
``(1) Agent.--A subpoena issued under this section may be
served by any person designated in the subpoena as the agent of
service.
``(2) Natural person.--Service upon a natural person may be
made by personal delivery of the subpoena to that person or by
certified mail with return receipt requested.
``(3) Corporation.--Service may be made upon a domestic or
foreign corporation or upon a partnership or other
unincorporated association that is subject to suit under a
common name, by delivering the subpoena to an officer, to a
managing or general agent, or to any other agent authorized by
appointment or by law to receive service of process.
``(4) Affidavit.--The affidavit of the person serving the
subpoena entered on a true copy thereof by the person serving
it shall be proof of service.
``(d) Contumacy or Refusal.--
``(1) In general.--In the case of the contumacy by or
refusal to obey a subpoena issued to any person, the Attorney
General may invoke the aid of any court of the United States
within the jurisdiction in which the investigation is carried
on or of which the subpoenaed person is an inhabitant, or in
which he carries on business or may be found, to compel
compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Attorney
General to produce records if so ordered.
``(2) Contempt.--Any failure to obey the order of the court
may be punishable by the court as contempt thereof.
``(3) Process.--All process in any case to enforce an order
under this subsection may be served in any judicial district in
which the person may be found.
``(4) Rights of subpoena recipient.--Not later than 20 days
after the date of service of an administrative subpoena under
this section upon any person, or 10 days before the return date
specified in the subpoena, whichever period is shorter, such
person may file, in the district within which such person
resides, is found, or transacts business, a petition to modify
or quash such subpoena on grounds that--
``(A) the terms of the subpoena are unreasonable or
unnecessary;
``(B) the subpoena fails to meet the requirements
of this section; or
``(C) The subpoena violates the constitutional
rights or any other legal rights or privilege of the
subpoenaed party.
``(e) Guidelines.--
``(1) In general.--The Attorney General shall issue
guidelines governing the issuance of administrative subpoenas
pursuant to this section.
``(2) Review.--The guidelines required by this subsection
shall mandate that administrative subpoenas may be issued only
after review and approval of senior supervisory personnel, as
determined by the Attorney General, of the relevant component
of the Department of Justice, as the case may be.
``(f) Delayed Notice.--
``(1) In general.--Where an administrative subpoena is
issued under this section to a provider of electronic
communication service, (as defined in section 2510 of this
title) or remote computing service (as defined in section 2711
of this title), the Attorney General may--
``(A) In accordance with section 2705(a) of this
title, delay notification to the subscriber or customer
to whom the record pertains; and
``(B) apply to a court, in accordance with section
2705(b) of this title for an order commanding the
provider of electronic communication service or remote
computing service not to notify any other person of the
existence of the subpoena or court order.
``(2) Subpoenas for financial records.--If a subpoena is
issued under this section to a financial institution for
financial records of any customer of such institution, the
Attorney General may apply to a court under section 1109 of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) for an
order to delay customer notice as otherwise required.
``(3) Nondisclosure requirements.--
``(A) In general.--Except as otherwise provided in
paragraphs (1) and (2), the court may require the party
to whom an administrative subpoena is directed to
refrain from notifying any other party or person of the
existence of the subpoena for 30 days.
``(B) Extension.--The Attorney General may apply to
a court for an order extending the time for such period
as the court deems appropriate.
``(C) Criteria for extension.--The court shall
enter an order under paragraph (2) if it determines
that there is reason to believe that notification of
the existence of the administrative subpoena will
result in--
``(i) endangering the life or physical
safety of an individual;
``(ii) flight from prosecution or custody
or confinement after conviction;
``(iii) destruction or tampering with
evidence;
``(iv) intimidation of potential witnesses;
or
``(v) otherwise seriously jeopardizing an
investigation or undue delay in trial.
``(g) Immunity From Civil Liability.--Any person including
officers, agents, and employees, who in good faith produce the records
or items required in a subpoena shall not be liable in any court of any
State or the United States to any customer or other person for such
production or for nondisclosure of that production to the customer, in
compliance with the terms of a court order for nondisclosure.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
49 of title 18, United States Code, is amended by adding at the end of
the following:
``1075. Administrative subpoenas to apprehend fugitives.''. | Fugitive Apprehension Assistance Act of 2005 - Amends the federal criminal code to authorize the Attorney General, in any investigation with respect to the apprehension of a fugitive, to subpoena witnesses for the production of records that are relevant to discerning the fugitive's whereabouts. Authorizes requiring the attendance of witnesses and the production of records from any place subject to U.S. jurisdiction, except that a witness shall not be required to appear more than 500 miles from the person's residence or the place where the witness was served.
Sets forth provisions regarding: (1) service of process to natural persons and corporations; (2) subpoena enforcement; and (3) the rights of subpoena recipients.
Directs the Attorney General to issue guidelines governing the issuance of administrative subpoenas.
Authorizes: (1) the Attorney General, where a subpoena is issued to a provider of electronic communication service or remote computing service or to a financial institution for financial records, to delay notice to the subscriber or customer to whom the records pertain if the court determines that there is reason to believe that notification of the subpoena's existence may have an adverse result; and (2) the court to require the party to whom the subpoena is directed to refrain from notifying any other party of the subpoena's existence for 30 days (with extensions under specified circumstances). Grants immunity from civil liability for good faith compliance with the terms of a court order for the production of records or for nondisclosure to the customer. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responder Anthrax Preparedness
Act''.
SEC. 2. VOLUNTARY PRE-EVENT ANTHRAX VACCINATION PILOT PROGRAM FOR
EMERGENCY RESPONSE PROVIDERS.
(a) Pilot Program.--
(1) Establishment.--The Secretary of Homeland Security, in
coordination with the Secretary of Health and Human Services, shall
carry out a pilot program to provide eligible anthrax vaccines from
the Strategic National Stockpile under section 319F-2(a) of the
Public Health Service Act (42 U.S.C. 247d-6b(a)) that will be
nearing the end of their labeled dates of use at the time such
vaccines are made available to States for administration to
emergency response providers who would be at high risk of exposure
to anthrax if such an attack should occur and who voluntarily
consent to such administration.
(2) Determination.--The Secretary of Health and Human Services
shall determine whether an anthrax vaccine is eligible to be
provided to the Secretary of Homeland Security for the pilot
program described in paragraph (1) based on--
(A) a determination that the vaccine is not otherwise
allotted for other purposes;
(B) a determination that the provision of the vaccine will
not reduce, or otherwise adversely affect, the capability to
meet projected requirements for this product during a public
health emergency, including a significant reduction of
available quantities of vaccine in the Strategic National
Stockpile; and
(C) such other considerations as determined appropriate by
the Secretary of Health and Human Services.
(3) Preliminary requirements.--Before implementing the pilot
program required under this subsection, the Secretary of Homeland
Security, in coordination with the Secretary of Health and Human
Services, shall--
(A) establish a communication platform for the pilot
program;
(B) develop and deliver education and training for the
pilot program;
(C) conduct economic analysis of the pilot program,
including a preliminary estimate of total costs and expected
benefits;
(D) create a logistical platform for the anthrax vaccine
request process under the pilot program;
(E) establish goals and desired outcomes for the pilot
program; and
(F) establish a mechanism to reimburse the Secretary of
Health and Human Services for--
(i) the costs of shipment and transportation of such
vaccines provided to the Secretary of Homeland Security
from the Strategic National Stockpile under such pilot
program, including staff time directly supporting such
shipment and transportation; and
(ii) the amount, if any, by which the warehousing costs
of the Strategic National Stockpile are increased in order
to operate such pilot program.
(4) Location.--
(A) In general.--In carrying out the pilot program required
under this subsection, the Secretary of Homeland Security shall
select not fewer than 2 nor more than 5 States for voluntary
participation in the pilot program.
(B) Requirement.--Each State that participates in the pilot
program under this subsection shall ensure that such
participation is consistent with the All-Hazards Public Health
Emergency Preparedness and Response Plan of the State developed
under section 319C-1 of the Public Health Service Act (42
U.S.C. 247d-3a).
(5) Guidance for selection.--To ensure that participation in
the pilot program under this subsection strategically increases
State and local response readiness in the event of an anthrax
release, the Secretary of Homeland Security, in coordination with
the Secretary of Health and Human Services, shall provide guidance
to participating States and units of local government on
identifying emergency response providers who are at high risk of
exposure to anthrax.
(6) Distribution of information.--The Secretary of Homeland
Security shall require that each State that participates in the
pilot program under this subsection submit a written certification
to the Secretary of Homeland Security stating that each emergency
response provider within the State that participates in the pilot
program is provided with disclosures and educational materials
designated by the Secretary of Health and Human Services, which may
include--
(A) materials regarding the associated benefits and risks
of any vaccine provided under the pilot program, and of
exposure to anthrax;
(B) additional material consistent with the Centers for
Disease Control and Prevention's clinical guidance; and
(C) notice that the Federal Government is not obligated to
continue providing anthrax vaccine after the date on which the
pilot program ends.
(7) Memorandum of understanding.--Before implementing the pilot
program under this subsection, the Secretary of Homeland Security
shall enter into a memorandum of understanding with the Secretary
of Health and Human Services to--
(A) define the roles and responsibilities of each
Department for the pilot program; and
(B) establish other performance metrics and policies for
the pilot program, as appropriate.
(8) Report.--
(A) In general.--Notwithstanding subsection (c), not later
than 1 year after the date on which the initial vaccines are
administered under this section, and annually thereafter until
1 year after the completion of the pilot program under this
section, the Secretary of Homeland Security, in coordination
with the Secretary of Health and Human Services, shall submit
to the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the progress and results of the pilot
program, including--
(i) a detailed tabulation of the costs to administer
the program, including--
(I) total costs for management and administration;
(II) total costs to ship vaccines;
(III) total number of full-time equivalents
allocated to the program; and
(IV) total costs to the Strategic National
Stockpile;
(ii) the number and percentage of eligible emergency
response providers, as determined by each pilot location,
that volunteer to participate;
(iii) the degree to which participants complete the
vaccine regimen;
(iv) the total number of doses of vaccine administered;
and
(v) recommendations to improve initial and recurrent
participation in the pilot program.
(B) Final report.--The final report required under
subparagraph (A) shall--
(i) consider whether the pilot program required under
this subsection should continue after the date described in
subsection (c); and
(ii) include--
(I) an analysis of the costs and benefits of
continuing the program to provide anthrax vaccines to
emergency response providers;
(II) an explanation of the economic, health, and
other risks and benefits of administering vaccines
through the pilot program rather than post-event
treatment; and
(III) in the case of a recommendation under clause
(i) to continue the pilot program after the date
described in subsection (c), a plan under which the
pilot program could be continued.
(b) Deadline for Implementation.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Homeland Security shall
begin implementing the pilot program under this section.
(c) Sunset.--The authority to carry out the pilot program under
this section shall expire on the date that is 5 years after the date of
enactment of 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 Senate on November 16, 2016. First Responder Anthrax Preparedness Act (Sec. 2) This bill requires the Department of Homeland Security (DHS), in coordination with the Department of Health and Human Services (HHS), to carry out a pilot program to provide eligible anthrax vaccines nearing the end of their labeled dates of use from the strategic national stockpile to emergency response providers who would be at high risk of exposure to anthrax if an attack should occur and who voluntarily consent. HHS shall determine whether an anthrax vaccine is eligible to be provided to DHS for the program based on determinations that: (1) the vaccine is not otherwise allotted for other purposes; and (2) the provision of the vaccine will not reduce or otherwise adversely affect the capability to meet projected requirements for such product during a public health emergency. DHS shall establish a communication platform, develop and deliver education and training, conduct an economic analysis, create a logistical platform, establish goals and desired outcomes for the program, and establish a mechanism to reimburse HHS for the costs of shipment and transportation of such vaccines provided to DHS under such program and the amount by which the warehousing costs of the stockpile are increased in order to operate such program. DHS must: (1) select between two and five states for voluntary participation in the program; (2) provide guidance to participating states and local governments on identifying providers who are at high risk of exposure; and (3) require each participating state to submit a written certification that each participating emergency response provider is provided with disclosures and educational materials regarding the associated benefits and risks of any vaccine provided and of exposure to anthrax, additional material consistent with the Centers for Disease Control and Prevention's clinical guidance, and notice that the federal government is not obligated to continue providing anthrax vaccine after the program ends. Each state that participates in the program shall ensure that such participation is consistent with the state's All-Hazards Public Health Emergency Preparedness and Response Plan. DHS shall enter into a memorandum of understanding with HHS to: (1) define each department's roles and responsibilities, and (2) establish appropriate performance metrics and policies for the program. DHS must submit annual reports on program progress and results, which shall include the costs to administer the program, the number and percentage of eligible providers that volunteer to participate, the degree to which participants complete the vaccine regimen, the total number of doses of vaccine administered, and recommendations to improve participation. The final report shall consider whether the program should continue beyond five years after enactment of this bill and shall include: (1) an analysis of the costs and benefits of continuing the program; (2) an explanation of the economic, health, and other risks and benefits of administering vaccines through the program rather than post-event treatment; and (3) a plan under which the program could be continued. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paleontological Resources
Preservation Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Casual collecting.--The term ``casual collecting''
means the collecting of a reasonable amount of common
invertebrate and plant paleontological resources for non-
commercial personal use, either by surface collection or the
use of non-powered hand tools resulting in only negligible
disturbance to the Earth's surface and other resources. As used
in this paragraph, the terms ``reasonable amount'', ``common
invertebrate and plant paleontological resources'' and
``negligible disturbance'' shall be determined by the
Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior with respect to lands controlled or
administered by the Secretary of the Interior or the Secretary
of Agriculture with respect to National Forest System Lands
controlled or administered by the Secretary of Agriculture.
(3) Federal lands.--The term ``Federal lands'' means--
(A) lands controlled or administered by the
Secretary of the Interior, except Indian lands; or
(B) National Forest System lands controlled or
administered by the Secretary of Agriculture.
(4) Indian lands.--The term ``Indian Land'' means lands of
Indian tribes, or Indian individuals, which are either held in
trust by the United States or subject to a restriction against
alienation imposed by the United States.
(5) State.--The term ``State'' means the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
other territory or possession of the United States.
(6) Paleontological resource.--The term ``paleontological
resource'' means any fossilized remains, traces, or imprints of
organisms, preserved in or on the earth's crust, that are of
paleontological interest and that provide information about the
history of life on earth, except that the term does not
include--
(A) any materials associated with an archaeological
resource (as defined in section 3(1) of the
Archaeological Resources Protection Act of 1979 (16
U.S.C. 470bb(1)); or
(B) any cultural item (as defined in section 2 of
the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001)).
SEC. 3. MANAGEMENT.
(a) In General.--The Secretary shall manage and protect
paleontological resources on Federal lands using scientific principles
and expertise. The Secretary shall develop appropriate plans for
inventory, monitoring, and the scientific and educational use of
paleontological resources, in accordance with applicable agency laws,
regulations, and policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with non-Federal
partners, the scientific community, and the general public.
(b) Coordination.--To the extent possible, the Secretary of the
Interior and the Secretary of Agriculture shall coordinate in the
implementation of this Act.
SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM.
The Secretary shall establish a program to increase public
awareness about the significance of paleontological resources.
SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement.--
(1) In general.--Except as provided in this Act, a
paleontological resource may not be collected from Federal
lands without a permit issued under this Act by the Secretary.
(2) Casual collecting exception.--The Secretary may allow
casual collecting without a permit on Federal lands controlled
or administered by the Bureau of Land Management, the Bureau of
Reclamation, and the Forest Service, where such collection is
consistent with the laws governing the management of those
Federal lands and this Act.
(3) Previous permit exception.--Nothing in this section
shall affect a valid permit issued prior to the date of
enactment of this Act.
(b) Criteria for Issuance of a Permit.--The Secretary may issue a
permit for the collection of a paleontological resource pursuant to an
application if the Secretary determines that--
(1) the applicant is qualified to carry out the permitted
activity;
(2) the permitted activity is undertaken for the purpose of
furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any
management plan applicable to the Federal lands concerned; and
(4) the proposed methods of collecting will not threaten
significant natural or cultural resources.
(c) Permit Specifications.--A permit for the collection of a
paleontological resource issued under this section shall contain such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this Act. Every permit shall include requirements that--
(1) the paleontological resource that is collected from
Federal lands under the permit will remain the property of the
United States;
(2) the paleontological resource and copies of associated
records will be preserved for the public in an approved
repository, to be made available for scientific research and
public education; and
(3) specific locality data will not be released by the
permittee or repository without the written permission of the
Secretary.
(d) Modification, Suspension, and Revocation of Permits.--
(1) The Secretary may modify, suspend, or revoke a permit
issued under this section--
(A) for resource, safety, or other management
considerations; or
(B) when there is a violation of term or condition
of a permit issued pursuant to this section.
(2) The permit shall be revoked if any person working under
the authority of the permit is convicted under section 7 or is
assessed a civil penalty under section 8.
(e) Area Closures.--In order to protect paleontological or other
resources and to provide for public safety, the Secretary may restrict
access to or close areas under the Secretary's jurisdiction to the
collection of paleontological resources.
SEC. 6. CURATION OF RESOURCES.
Any paleontological resource, and any data and records associated
with the resource, collected under a permit, shall be deposited in an
approved repository. The Secretary may enter into agreements with non-
Federal repositories regarding the curation of these resources, data,
and records.
SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES.
(a) In General.--A person may not--
(1) excavate, remove, damage, or otherwise alter or deface
or attempt to excavate, remove, damage, or otherwise alter or
deface any paleontological resources located on Federal lands
unless such activity is conducted in accordance with this Act;
(2) exchange, transport, export, receive, or offer to
exchange, transport, export, or receive any paleontological
resource if, in the exercise of due care, the person knew or
should have known such resource to have been excavated or
removed from Federal lands in violation of any provisions,
rule, regulation, law, ordinance, or permit in effect under
Federal law, including this Act; or
(3) sell or purchase or offer to sell or purchase any
paleontological resource if, in the exercise of due care, the
person knew or should have known such resource to have been
excavated, removed, sold, purchased, exchanged, transported, or
received from Federal lands.
(b) False Labeling Offenses.--A person may not make or submit any
false record, account, or label for, or any false identification of,
any paleontological resource excavated or removed from Federal lands.
(c) Penalties.--A person who knowingly violates or counsels,
procures, solicits, or employs another person to violate subsection (a)
or (b) shall, upon conviction, be fined in accordance with title 18,
United States Code, or imprisoned not more than 10 years, or both; but
if the sum of the commercial and paleontological value of the
paleontological resources involved and the cost of restoration and
repair of such resources does not exceed $500, such person shall be
fined in accordance with title 18, United States Code, or imprisoned
not more than one year, or both.
(d) General Exception.--Nothing in subsection (a) shall apply to
any person with respect to any paleontological resource which was in
the lawful possession of such person prior to the date of the enactment
of this Act.
SEC. 8. CIVIL PENALTIES.
(a) In General.--
(1) Hearing.--A person who violates any prohibition
contained in an applicable regulation or permit issued under
this Act may be assessed a penalty by the Secretary after the
person is given notice and opportunity for a hearing with
respect to the violation. Each violation shall be considered a
separate offense for purposes of this section.
(2) Amount of penalty.--The amount of such penalty assessed
under paragraph (1) shall be determined under regulations
promulgated pursuant to this Act, taking into account the
following factors:
(A) The scientific or fair market value, whichever
is greater, of the paleontological resource involved,
as determined by the Secretary.
(B) The cost of response, restoration, and repair
of the resource and the paleontological site involved.
(C) Any other factors considered relevant by the
Secretary assessing the penalty.
(3) Multiple offenses.--In the case of a second or
subsequent violation by the same person, the amount of a
penalty assessed under paragraph (2) may be doubled.
(4) Limitation.--The amount of any penalty assessed under
this subsection for any one violation shall not exceed an
amount equal to double the cost of response, restoration, and
repair of resources and paleontological site damage plus double
the scientific or fair market value of resources destroyed or
not recovered.
(b) Petition for Judicial Review; Collection of Unpaid
Assessments.--
(1) Judicial review.--Any person against whom an order is
issued assessing a penalty under subsection (a) may file a
petition for judicial review of the order in the United States
District Court for the District of Columbia or in the district
in which the violation is alleged to have occurred within the
30-day period beginning on the date the order making the
assessment was issued. Upon notice of such filing, the
Secretary shall promptly file such a certified copy of the
record on which the order was issued. The court shall hear the
action on the record made before the Secretary and shall
sustain the action if it is supported by substantial evidence
on the record considered as a whole.
(2) Failure to pay.--If any person fails to pay a penalty
under this section within 30 days--
(A) after the order making assessment has become
final and the person has not filed a petition for
judicial review of the order in accordance with
paragraph (1); or
(B) after a court in an action brought in paragraph
(1) has entered a final judgment upholding the
assessment of the penalty, the Secretary may request
the Attorney General to institute a civil action in a
district court of the United States for any district in
which the person if found, resides, or transacts
business, to collect the penalty (plus interest at
currently prevailing rates from the date of the final
order or the date of the final judgment, as the case
may be). The district court shall have jurisdiction to
hear and decide any such action. In such action, the
validity, amount, and appropriateness of such penalty
shall not be subject to review. Any person who fails to
pay on a timely basis the amount of an assessment of a
civil penalty as described in the first sentence of
this paragraph shall be required to pay, in addition to
such amount and interest, attorneys fees and costs for
collection proceedings.
(c) Hearings.--Hearings held during proceedings instituted under
subsection (a) shall be conducted in accordance with section 554 of
title 5, United States Code.
(d) Use of Recovered Amounts.--Penalties collected under this
section shall be available to the Secretary and without further
appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological
resources and sites which were the subject of the action, or to
acquire sites with equivalent resources, and to protect,
monitor, and study the resources and sites. Any acquisition
shall be subject to any limitations contained in the organic
legislation for such Federal lands.
(2) To provide educational materials to the public about
paleontological resources and sites.
(3) To provide for the payment of rewards as provided in
section 9.
SEC. 9. REWARDS AND FORFEITURE.
(a) Rewards.--The Secretary may pay from penalties collected under
section 7 or 8--
(1) consistent with amounts established in regulations by
the Secretary; or
(2) if no such regulation exists, an amount equal to the
lesser of one-half of the penalty or $500, to any person who
furnishes information which leads to the finding of a civil
violation, or the conviction of criminal violation, with
respect to which the penalty was paid. If several persons
provided the information, the amount shall be divided among the
persons. No officer or employee of the United States or of any
State or local government who furnishes information or renders
service in the performance of his official duties shall be
eligible for payment under this subsection.
(b) Forfeiture.--All paleontological resources with respect to
which a violation under section 7 or 8 occurred and which are in the
possession of any person, and all vehicles and equipment of any person
that were used in connection with the violation, shall be subject to
civil forfeiture, or upon conviction, to criminal forfeiture. All
provisions of law relating to the seizure, forfeiture, and condemnation
of property for a violation of this Act, the disposition of such
property or the proceeds from the sale thereof, and remission or
mitigation of such forfeiture, as well as the procedural provisions of
chapter 46 of title 18, United States Code, shall apply to the seizures
and forfeitures incurred or alleged to have incurred under the
provisions of this Act.
(c) Transfer of Seized Resources.--The Secretary may transfer
administration of seized paleontological resources to Federal or non-
Federal educational institutions to be used for scientific or
educational purposes.
SEC. 10. CONFIDENTIALITY.
Information concerning the nature and specific location of a
paleontological resource the collection of which requires a permit
under this Act or under any other provision of Federal law shall be
exempt from disclosure under section 552 of title 5, United States
Code, and any other law unless the Secretary determines that disclosure
would--
(1) further the purposes of this Act;
(2) not create risk of harm to or theft or destruction of
the resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
SEC. 11. REGULATIONS.
As soon as practical after the date of the enactment of this Act,
the Secretary shall issue such regulations as are appropriate to carry
out this Act, providing opportunities for public notice and comment.
SEC. 12. SAVINGS PROVISIONS.
Nothing in this Act shall be construed to--
(1) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under the general mining laws, the
mineral or geothermal leasing laws, laws providing for minerals
materials disposal, or laws providing for the management or
regulation of the activities authorized by the aforementioned
laws including but not limited to the Federal Land Policy
Management Act (43 U.S.C. 1701-1784), Public Law 94-429
(commonly known as the ``Mining in the Parks Act'') (16 U.S.C.
1901 et seq.), the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201-1358), and the Organic Administration
Act (16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under existing laws and authorities
relating to reclamation and multiple uses of Federal lands;
(3) apply to, or require a permit for, casual collecting of
a rock, mineral, or invertebrate or plant fossil that is not
protected under this Act;
(4) affect any lands other than Federal lands or affect the
lawful recovery, collection, or sale of paleontological
resources from lands other than Federal lands;
(5) alter or diminish the authority of a Federal agency
under any other law to provide protection for paleontological
resources on Federal lands in addition to the protection
provided under this Act; or
(6) create any right, privilege, benefit, or entitlement
for any person who is not an officer or employee of the United
States acting in that capacity. No person who is not an officer
or employee of the United States acting in that capacity shall
have standing to file any civil action in a court of the United
States to enforce any provision or amendment made by this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Paleontological Resources Preservation Act - (Sec. 3) Directs the the Secretary of the Interior or the Secretary of Agriculture, as appropriate, to: (1) manage and protect paleontological resources on federal land, using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources.
(Sec. 4) Directs the Secretary to establish a program to increase public awareness about such resources.
(Sec. 5) Prohibits a person from collecting a paleontological resource from federal land without a permit issued under this Act. Authorizes the Secretary to allow casual collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal uses without a permit on certain federal lands. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretary may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretary to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act.
(Sec. 6) States that the Secretary may enter into agreements with non-federal repositories regarding the curation of paleontological resources, data, and records.
(Sec. 7) Prohibits: (1) evacuating, removing, or altering a paleontological resource located on federal lands, except in accordance with this Act; (2) exchanging or receiving a paleontological resource, or selling or purchasing a paleontological resource, if the person knew or should have known such resource was illegally removed from federal lands; or (3) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from federal lands. Imposes criminal penalties for violating this Act.
(Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretary for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward.
(Sec. 9) Allows the Secretary to pay a reward from penalties collected under this Act to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Subjects to civil or, as appropriate, criminal forfeiture all paleontological resources with respect to which a violation occurred and all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes.
(Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions.
(Sec. 11) Directs the Secretary to issue such regulations as are appropriate to carry out this Act.
(Sec. 13) Authorizes appropriations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission to Prevent
Infant Mortality Reauthorization Act of 1993''.
SEC. 2. REFERENCES.
A reference in this Act to ``the Act'' shall be a reference to the
National Commission to Prevent Infant Mortality Act of 1986 (42 U.S.C.
285g note; Public Law 99-660; 100 Stat. 3752).
SEC. 3. FINDINGS.
The Congress finds that--
(1) infant mortality is largely preventable with early,
regular, and comprehensive prenatal care, good nutrition,
healthy behaviors during pregnancy, and preventive well baby
care;
(2) while the United States' infant mortality rate is
slowly improving, the Nation still lags behind most other
developed nations, and the advances that are being made
continue to be due mostly to improved technology that saves low
birthweight and otherwise at-risk newborns rather than making
sure all babies are born as healthy as possible in the first
place;
(3) children born at low birthweight and otherwise at-risk
not only are more likely to die, but also are much more likely
to suffer long-term disabilities and require costly medical
interventions, special education, and other services;
(4) in 1988, the National Commission to Prevent Infant
Mortality developed a strategic national plan to reduce infant
mortality, and submitted such plan to the Congress and the
President in a report entitled ``Death Before Life: The Tragedy
of Infant Mortality'';
(5) the report's many recommendations centered on
fundamental solutions to the problem of infant mortality that
have existed for decades, including recommendations that all
pregnant women and infants must have universal access to the
range of necessary services, and that the health and well-being
of mothers and children must become a high national priority;
(6) since issuing such report, the Commission has continued
to promote specific actions, based on the report's
recommendations, for Congress and all sectors of society to
take to improve the health and well-being of all infants,
children, and pregnant women;
(7) despite considerable effort and success by many
throughout the Nation to improve the accessibility of services
and to raise awareness about healthy behaviors, numerous
financial and nonfinancial barriers still exist in the service
delivery system, the public continues to lack the information
and often motivation needed to make healthy choices, and the
infant mortality rate, low birthweight rate, and other
indicators continue to be far too high; and
(8) to help assure that the Nation reaches the goal of
universal access to care and that the health and well-being of
all infants, children, and pregnant women becomes a high
national priority, the need for the Commission continues.
SEC. 4. COMPOSITION OF COMMISSION.
Section 203(b) of the Act is amended--
(1) in the matter preceding paragraph (1) by striking out
``fifteen members'' and inserting in lieu thereof ``sixteen
members'';
(2) in paragraph (3) in the second sentence--
(A) by inserting ``directly'' before ``responsible
for administering the State medicaid program''; and
(B) by inserting ``directly'' before ``responsible
for administering the State maternal and child health
programs''; and
(3) in paragraph (6) by striking out ``Six at large
members'' and inserting in lieu thereof ``Seven at large
members''.
SEC. 5. DUTIES OF THE COMMISSION.
Section 204 of the Act is amended to read as follows:
``SEC. 204. DUTIES OF THE COMMISSION.
``The Commission shall--
``(1) develop strategic plans to initiate and stimulate
action on the recommendations in the report submitted by the
Commission to the Congress and President in 1988 entitled,
``Death Before Life: The Tragedy of Infant Mortality'';
``(2) inform the Congress and others, through reports,
conferences, briefings, public information campaigns, and other
means of the specific actions that can be taken to improve the
health and well-being of pregnant women, infants, and children;
``(3) serve as an information clearinghouse for the
Congress and other interested parties on domestic and
international model programs and cost effective strategies
for--
``(A) improving the health and well-being of
pregnant women and children in the areas of Federal and
State legislation and program administration; and
``(B) organizing and delivering local services,
raising public awareness, and conducting outreach to
populations in need;
``(4) annually report and make recommendations on the
demographic and related trends concerning the health of
pregnant women, infants, and children to the Congress and the
President; and
``(5) establish working relationships and networking
linkages with organizations and other entities within and
outside the Federal Government to promote the health and well-
being of pregnant women, infants, and children.''.
SEC. 6. POWERS OF THE COMMISSION.
Section 205 of the Act is amended by redesignating subsection (d)
as subsection (f) and inserting after subsection (c) the following new
subsections:
``(d) Grants.--To carry out its activities, the Commission may
accept and expend private sector funds from corporations, nonprofit
foundations, or individuals. The Commission may also accept and expend
interagency transfer funds from agencies of the United States
Government. The Commission shall report all grant raising, acceptance,
and expending activities and the amount of all funds related to such
activities to the Appropriations Committees of the Senate and the House
of Representatives on an annual basis.
``(e) Voluntary Services.--Notwithstanding section 1342 of title
31, United States Code, the Commission may accept voluntary and
uncompensated services.''.
SEC. 7. COMMISSION STAFF.
Section 206 of the Act is amended--
(1) in subsection (b) by striking out ``the rate payable
for GS-18 of the General Schedule under section 5332 of such
title'' and inserting in lieu thereof ``the rate payable for a
position at level IV of the Executive Schedule under section
5315 of such title''; and
(2) in subsection (d) by striking out ``the daily rate
payable for GS-18 of the General Schedule under section 5332 of
such title'' and inserting in lieu thereof ``the daily rate
payable for a position at level IV of the Executive Schedule
under section 5315 of such title''.
SEC. 8. REAUTHORIZATION OF COMMISSION.
Sections 208 and 209 of the Act are amended to read as follows:
``SEC. 208. TERMINATION OF THE COMMISSION.
``The Commission shall terminate on December 31, 1997.
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Commission
$480,000 in fiscal year 1995, $480,000 in fiscal year 1996, and
$600,000 in fiscal year 1997. Sums appropriated pursuant to this
section shall remain available through December 31, 1997.''.
SEC. 9. TECHNICAL AND CONFORMING AMENDMENT.
The matter under the heading ``national commission to prevent
infant mortality'' under title IV of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 1989 (Public Law 100-436; 102 Stat. 1709) is amended by striking
out the second and third sentences. | National Commission to Prevent Infant Mortality Reauthorization Act of 1993 - Amends the National Commission to Prevent Infant Mortality Act of 1986 to: (1) reauthorize and extend the National Commission to Prevent Infant Mortality (Commission); and (2) make changes regarding Commission duties, powers, and staff. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Soldier Prevention Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the September 7, 2005, report to the
General Assembly of the United Nations by the Special
Representative of the Secretary-General for Children and Armed
Conflict, ``In the last decade, two million children have been
killed in situations of armed conflict, while six million
children have been permanently disabled or injured. Over
250,000 children continue to be exploited as child soldiers and
tens of thousands of girls are being subjected to rape and
other forms of sexual violence.''.
(2) According to the Center for Emerging Threats and
Opportunities (CETO), Marine Corps Warfighting Laboratory,
``The Child Soldier Phenomenon has become a post-Cold War
epidemic that has proliferated to every continent with the
exception of Antarctica and Australia.''.
(3) Many of the children currently serving in armed forces
or paramilitaries were forcibly conscripted through kidnapping
or coercion, a form of human trafficking, while others joined
military units due to economic necessity, to avenge the loss of
a family member, or for their own personal safety.
(4) Some military and militia commanders force child
soldiers to commit gruesome acts of ritual killings or torture,
including acts of violence against other children.
(5) Many female child soldiers face the additional
psychological and physical horrors of rape and sexual abuse,
enslavement for sexual purposes by militia commanders, and
severe social stigma should they return home.
(6) Some military and militia commanders target children
for recruitment because of their psychological immaturity and
vulnerability to manipulation and indoctrination. Children are
often separated from their families in order to foster
dependence on military units and leaders. Consequently, many of
these children suffer from deep trauma and are in need of
psychological counseling and rehabilitation.
(7) Child soldiers are exposed to hazardous conditions and
are at risk of physical injury and disability, psychological
trauma, sexually transmitted diseases, respiratory and skin
infections, and often death.
(8) On May 25, 2000, the United Nations adopted and opened
for signature, ratification, and accession the Optional
Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict (in this Act referred
to as the ``Optional Protocol''), which establishes 18 as the
minimum age for conscription or forced recruitment and requires
states party to ensure that members of their armed forces under
the age of 18 do not take a direct part in hostilities.
(9) On June 18, 2002, the Senate unanimously approved the
resolution advising and consenting to the ratification of the
Optional Protocol.
(10) On December 23, 2002, the United States presented the
ratified optional protocol to the United Nations.
(11) More than 110 governments worldwide have ratified the
optional protocol, establishing a clear international norm
concerning the use of children in combat.
(12) On December 2, 1999, the United States ratified
International Labour Convention 182, the Convention concerning
the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour, which includes the use of child
soldiers among the worst forms of child labor.
(13) On October 7, 2005, the Senate gave its advice and
consent to the ratification of the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women
and Children, Supplementing the United Nations Convention
Against Transnational Organized Crime.
(14) It is in the national security interest of the United
States to reduce the chances that members of the United States
Armed Forces will be forced to encounter children in combat
situations.
(15) Section 502B(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is
directed to formulate and conduct international security
assistance programs of the United States in a manner which will
promote and advance human rights and avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms, in violation of international
law or in contravention of the policy of the United States as
expressed in this section or otherwise''.
SEC. 3. CHILD SOLDIER DEFINED.
In this Act, consistent with the provisions of the Optional
Protocol, the term ``child soldier''--
(1) means--
(A) any person under age 18 who takes a direct part
in hostilities as a member of governmental armed
forces;
(B) any person under age 18 who has been
compulsorily recruited into governmental armed forces;
(C) any person under age 16 voluntarily recruited
into governmental armed forces; and
(D) any person under age 18 recruited or used in
hostilities by armed forces distinct from the armed
forces of a state; and
(2) includes any person described in subparagraphs (B),
(C), and (D) of paragraph (1) who is serving in any capacity,
including in a support role such as a cook, porter, messenger,
medic, guard, or sex slave.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress--
(1) to condemn the conscription, forced recruitment or use
of children by governments, paramilitaries, or other
organizations in hostilities;
(2) that the United States Government should support and,
where practicable, lead efforts to establish and uphold
international standards designed to end this abuse of human
rights;
(3) that the United States Government should expand ongoing
services to rehabilitate recovered child soldiers and to
reintegrate them back into their communities by--
(A) offering ongoing psychological services to help
victims recover from their trauma and relearn how to
deal with others in nonviolent ways such that they are
no longer a danger to their community;
(B) facilitating reconciliation with their
communities through negotiations with traditional
leaders and elders to enable recovered abductees to
resume normal lives in their communities; and
(C) providing educational and vocational
assistance;
(4) that the United States should work with the
international community, including, where appropriate, third
country governments, nongovernmental organizations, faith-based
organizations, United Nations agencies, local governments,
labor unions, and private enterprise--
(A) on efforts to bring to justice rebel
organizations that kidnap children for use as child
soldiers, including the Lord's Resistance Army (LRA) in
Uganda, Fuerzas Armadas Revolucionarias de Colombia
(FARC), and Liberation Tigers of Tamil Eelam (LTTE),
including, where feasible, by arresting the leaders of
such groups; and
(B) on efforts to recover those children who have
been abducted and to assist them in their
rehabilitation and reintegration into communities;
(5) that the Secretary of State, the Secretary of Labor,
and the Secretary of Defense should coordinate programs to
achieve the goals specified in paragraph (3), and in countries
where the use of child soldiers is an issue, whether or not it
is supported or sanctioned by the governments of such
countries, United States diplomatic missions should include in
their mission program plans a strategy to achieve the goals
specified in such paragraph;
(6) that United States diplomatic missions in countries in
which governments use or tolerate child soldiers should
develop, as part of annual program planning, strategies to
promote efforts to end this abuse of human rights; and
(7) that, in allocating or recommending the allocation of
funds or recommending candidates for programs and grants funded
by the United States Government, United States diplomatic
missions should give particular consideration to those programs
and candidates deemed to promote the end to this abuse of human
rights.
SEC. 5. PROHIBITION.
(a) In General.--Subject to subsections (b), (c), and (d), none of
the funds appropriated or otherwise made available for international
military education and training, foreign military financing, foreign
military sales, direct commercial sales, or excess defense articles by
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102) or any other Act making
appropriations for foreign operations, export financing, and related
programs may be obligated or otherwise made available to the government
of a country that is clearly identified by the Department of State in
the Department of State's most recent Country Reports on Human Rights
Practices as having governmental armed forces or government supported
armed groups, including paramilitaries, militias, or civil defense
forces, that recruit or use child soldiers.
(b) Notification to Countries in Violation of the Standards of This
Act.--The Secretary of State shall formally notify any government
identified pursuant to subsection (a).
(c) National Interest Waiver.--
(1) Waiver.--The President may waive the application to a
country of the prohibition in subsection (a) if the President
determines that such waiver is in the interest of the United
States.
(2) Publication and notification.--The President shall
publish each waiver granted under paragraph (1) in the Federal
Register and shall notify the Committee on Foreign Relations
and the Committee on Appropriations of the Senate and the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives of each such
waiver, including the justification for the waiver, in
accordance with the regular notification procedures of such
Committees.
(d) Reinstatement of Assistance.--The President may provide to a
country assistance otherwise prohibited under subsection (a) upon
certifying to Congress that the government of such country--
(1) has implemented effective measures to come into
compliance with the standards of this Act; and
(2) has implemented effective policies and mechanisms to
prohibit and prevent future use of child soldiers and to ensure
that no children are recruited, conscripted, or otherwise
compelled to serve as child soldiers.
(e) Exception for Programs Directly Related to Addressing the
Problem of Child Soldiers or Professionalization of the Military.--
(1) In general.--The President may provide to a country
assistance for international military education and training
otherwise prohibited under subsection (a) upon certifying to
Congress that--
(A) the government of such country is implementing
effective measures to demobilize child soldiers in its
forces or in government supported paramilitaries and to
provide demobilization, rehabilitation, and
reintegration assistance to those former child
soldiers; and
(B) the assistance provided by the United States
Government to the government of such country will go to
programs that will directly support professionalization
of the military.
(2) Limitation.--The exception under paragraph (1) may not
remain in effect for more than 2 years following the date of
notification specified in subsection (b).
SEC. 6. REPORTS.
(a) Preparation of Reports Regarding Child Soldiers.--United States
missions abroad shall thoroughly investigate reports of the use of
child soldiers.
(b) Information for Annual Human Rights Reports.--In preparing
those portions of the Human Rights Reports that relate to child
soldiers, the Secretary of State shall ensure that such reports shall
include a description of the use of child soldiers in each foreign
country, including--
(1) trends toward improvement in such country of the status
of child soldiers or the continued or increased tolerance of
such practices; and
(2) the role of the government of such country in engaging
in or tolerating the use of child soldiers.
(c) Inclusion of Information on Violations.--When the Secretary of
State determines that a government has violated the standards of this
Act, the Secretary shall clearly indicate that fact in the relevant
Annual Human Rights Report.
(d) Letter to Congress.--Not later than June 15 of each year for 10
years following the enactment of this Act, the President shall submit
to the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign Affairs and
the Committee on Appropriations of the House of Representatives--
(1) a list of the countries receiving notification that
they are in violation of the standards of this Act;
(2) a list of any waivers or exceptions exercised under
this Act;
(3) justification for those waivers and exceptions; and
(4) a description of any assistance provided pursuant to
this Act.
SEC. 7. REPORT ON IMPLEMENTATION OF ACT.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Committee on Foreign Relations
and the Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives a report setting forth a strategy for achieving the
policy objectives of this Act, including a description of an effective
mechanism for coordination of United States Government efforts to
implement this strategy.
SEC. 8. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following new subsection:
``(c) The Secretary of State, with the assistance of other relevant
officials, shall establish as part of the standard training provided
after January 1, 2008, for officers of the Service, including chiefs of
mission, instruction on matters related to child soldiers and the
substance of the Child Soldier Prevention Act of 2007.''.
SEC. 9. EFFECTIVE DATE; APPLICABILITY.
This Act shall take effect 180 days after the date of the enactment
of this Act and shall apply to funds obligated after such effective
date. | Child Soldier Prevention Act of 2007 - Defines "child soldier."
Prohibits, with a national interest waiver, funds appropriated or otherwise made available for specified military and related areas from being obligated or otherwise made available to the government of a country identified by the Department of State as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers.
Directs the Secretary of State to notify any government so identified.
Authorizes the President to reinstate assistance upon certifying to Congress that a government is implementing: (1) compliance measures; and (2) mechanisms to prohibit future use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers.
Authorizes the President to provide assistance to a country for international military education and training otherwise prohibited under this Act upon certifying to Congress that such assistance is for programs that implement measures to demobilize child soldiers and for programs to support professionalization of the military. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Offsets Disclosure Act of
1999''.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) A fair business environment is necessary to advance
international trade, economic stability, and development
worldwide, is beneficial for American workers and businesses,
and is in the United States national interest.
(2) In some cases, mandated offset requirements can cause
economic distortions in international defense trade and
undermine fairness and competitiveness, and may cause
particular harm to small- and medium-sized businesses.
(3) The use of offsets may lead to increasing dependence on
foreign suppliers for the production of United States weapons
systems.
(4) The offset demands required by some purchasing
countries, including some close allies of the United States,
equal or exceed the value of the base contract they are
intended to offset, mitigating much of the potential economic
benefit of the exports.
(5) Offset demands often unduly distort the prices of
defense contracts.
(6) In some cases, United States contractors are required
to provide indirect offsets which can negatively impact
nondefense industrial sectors.
(7) Unilateral efforts by the United States to prohibit
offsets may be impractical in the current era of globalization
and would severely hinder the competitiveness of the United
States defense industry in the global market.
(8) The development of global standards to manage and
restrict demands for offsets would enhance United States
efforts to mitigate the negative impact of offsets.
(b) Declaration of Policy.--It is the policy of the United States
to develop a system for monitoring the use of offsets in international
defense trade, to promote fairness in such trade, and to ensure that
foreign participation in the production of United States weapons
systems does not harm the economy of the United States.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the executive branch should pursue efforts to address
trade fairness by establishing reasonable, business-friendly
standards for the use of offsets in international business
transactions between the United States and its trading partners
and competitors;
(2) the Secretary of State, the Secretary of Commerce, and
the United States Trade Representative, or their designees,
should raise with other industrialized nations at every
suitable venue the need for transparency and reasonable
standards to govern the role of offsets in international
defense trade; and
(3) the United States Government should enter into
discussions regarding the establishment of multilateral
standards for the use of offsets in international defense trade
through the appropriate multilateral fora, including such
organizations as the Transatlantic Economic Partnership, the
Wassenaar Arrangement, the G-8, and the World Trade
Organization.
SEC. 4. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on International Relations of the
House of Representatives.
(2) G-8.--The term ``G-8'' means the group consisting of
France, Germany, Japan, the United Kingdom, the United States,
Canada, Italy, and Russia established to facilitate economic
cooperation among the eight major economic powers.
(3) Offset.--The term ``offset'' means the entire range of
industrial and commercial benefits provided to foreign
governments as an inducement or condition to purchase military
goods or services, including benefits such as coproduction,
licensed production, subcontracting, technology transfer, in-
country procurement, marketing and financial assistance, and
joint ventures.
(4) Transatlantic economic partnership.--The term
``Transatlantic Economic Partnership'' means the joint
commitment made by the United States and the European Union to
reinforce their close relationship through an initiative
involving the intensification and extension of multilateral and
bilateral cooperation and common actions in the areas of trade
and investment.
(5) Wassenaar arrangement.--The term ``Wassenaar
Arrangement'' means the multilateral export control regime in
which the United States participates that seeks to promote
transparency and responsibility with regard to transfers of
conventional armaments and sensitive dual-use items.
(6) World trade organization.--The term ``World Trade
Organization'' means the organization established pursuant to
the WTO Agreement.
(7) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing The World Trade Organization entered
into on April 15, 1994.
SEC. 5. REPORTING OF OFFSET AGREEMENTS.
(a) Initial Reporting of Offset Agreements.--
(1) Government-to-government sales.--Section 36(b)(1) of
the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended
in the fourth sentence, by striking ``(if known on the date of
transmittal of such certification)'' and inserting ``and a
description of any offset agreement, including the dollar
amount of the agreement''.
(2) Commercial sales.--Section 36(c)(1) of the Arms Export
Control Act (22 U.S.C. 2776(c)(1)) is amended in the second
sentence, by striking ``(if known on the date of transmittal of
such certification)'' and inserting ``and a description of any
offset agreement, including the dollar amount of the
agreement''.
(b) Report on Offset Obligations.--Not later than January 1, 2000,
and annually thereafter, the President shall submit a report to
Congress identifying all contracts or agreements entered into in order
to fulfill any offset obligations made in conjunction with transactions
reported in section 36 (b) or (c) of the Arms Export Control Act. The
report shall contain all the information required in section 36 (b) and
(c) of the Arms Export Control Act, as well as any additional
information that may not have been available at the time of the initial
notification.
SEC. 6. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS.
(a) In General.--Section 39A(a) of the Arms Export Control Act (22
U.S.C. 2779a(a)) is amended--
(1) by inserting ``or licensed'' after ``sold''; and
(2) by inserting ``or export'' after ``sale''.
(b) Definition of United States Person.--Section 39A(d)(3)(B)(ii)
of the Arms Export Control Act (22 U.S.C. 2779a(d)(3)(B)(ii)) is
amended by inserting ``or by an entity described in clause (i)'' after
``subparagraph (A)''.
SEC. 7. ESTABLISHMENT OF REVIEW COMMISSION.
(a) In General.--There is established a National Commission on the
Use of Offsets in Defense Trade (in this section referred to as the
``Commission'') to address all aspects of the use of offsets in
international defense trade.
(b) Commission Membership.--Not later than 60 days after the date
of enactment of this Act, the President, with the concurrence of the
Majority and Minority Leaders of the Senate and the Speaker and
Minority Leader of the House of Representatives, shall appoint 10
people to serve as members of the Commission. Commission membership
shall include--
(1) representatives from the private sector, including--
(A) one each from--
(i) a labor organization,
(ii) a United States defense manufacturing
company dependent on foreign sales,
(iii) a United States company dependent on
foreign sales that is not a defense
manufacturer, and
(iv) a United States company that
specializes in international investment, and
(B) two members from academia with widely
recognized expertise in international economics; and
(2) four members from the executive branch, including a
member from--
(A) the Office of Management and Budget,
(B) the Department of Commerce,
(C) the Department of Defense, and
(D) the Department of State.
The member designated from the Office of Management and Budget shall
serve as Chairperson of the Commission. The President shall ensure that
the Commission is nonpartisan and that the full range of perspectives
on the subject of offsets in the defense industry is adequately
represented.
(c) Duties.--The Commission shall be responsible for reviewing and
reporting on--
(1) the full range of current practices by foreign
governments requiring offsets in purchasing agreements and the
extent and nature of offsets offered by United States and
foreign defense industry contractors;
(2) the impact of the use of offsets on defense
subcontractors and nondefense industrial sectors affected by
indirect offsets; and
(3) the role of offsets, both direct and indirect, on
domestic industry stability, United States trade
competitiveness and national security.
(d) Commission Report.--Not later than 12 months after the
Commission is established, the Commission shall submit a report to the
appropriate congressional committees. In addition to the items
described under subsection (c), the report shall include--
(1) an analysis of--
(A) the collateral impact of offsets on industry
sectors that may be different than those of the
contractor providing the offsets, including estimates
of contracts and jobs lost as well as an assessment of
damage to industrial sectors;
(B) the role of offsets with respect to
competitiveness of the United States defense industry
in international trade and the potential damage to the
ability of United States contractors to compete if
offsets were prohibited or limited; and
(C) the impact on United States national security,
and upon United States nonproliferation objectives, of
the use of coproduction, subcontracting, and technology
transfer with foreign governments or companies that
result from fulfilling offset requirements with
particular emphasis on the question of dependency
upon foreign nations for the supply of critical components or
technology;
(2) proposals for unilateral, bilateral, or multilateral
measures aimed at reducing any detrimental effects of offsets;
and
(3) an identification of the appropriate executive branch
agencies to be responsible for monitoring the use of offsets in
international defense trade.
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(f) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(g) Meetings.--The Commission shall meet at the call of the
Chairman.
(h) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairman of the Commission
may, without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(B) Compensation.--The Chairman of the Commission
may fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such
title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(i) Termination.--The Commission shall terminate 30 days after the
transmission of the report from the President as mandated in section
8(b).
SEC. 8. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.
(a) In General.--The President shall initiate a review to determine
the feasibility of establishing, and the most effective means of
negotiating, a multilateral treaty on standards for the use of offsets
in international defense trade, with a goal of limiting all offset
transactions that are considered injurious to the economy of the United
States.
(b) Report Required.--Not later than 90 days after the date on
which the Commission submits the report required under section 7(d),
the President shall submit to the appropriate congressional committees
a report containing the President's determination pursuant to
subsection (a), and, if the President determines a multilateral treaty
is feasible or desirable, a strategy for United States negotiation of
such a treaty. One year after the date the report is submitted under
the preceding sentence, and annually thereafter for 5 years, the
President shall submit to the appropriate congressional committees a
report detailing the progress toward reaching such a treaty.
(c) Required Information.--The report required by subsection (b)
shall include--
(1) a description of the United States efforts to pursue
multilateral negotiations on standards for the use of offsets
in international defense trade;
(2) an evaluation of existing multilateral fora as
appropriate venues for establishing such negotiations;
(3) a description on a country-by-country basis of any
United States efforts to engage in negotiations to establish
bilateral treaties or agreements with respect to the use of
offsets in international defense trade; and
(4) an evaluation on a country-by-country basis of any
foreign government efforts to address the use of offsets in
international defense trade.
(d) Comptroller General Review.--The Comptroller General of the
United States shall monitor and periodically report to Congress on the
progress in reaching a multilateral treaty. | Defense Offsets Disclosure Act of 1999 - Declares that U.S. policy is to develop a workable system to monitor the use of offsets in the defense industry (the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services), to promote fairness in international trade, and to ensure an appropriate level of foreign participation in production of U.S. weapons systems.
Expresses the sense of Congress that: (1) the executive branch should pursue efforts to address trade fairness by establishing transparent standards for the use of offsets in international business transactions among U.S. trading partners and competitors; (2) the Secretary of State, the Secretary of Commerce, and the United States Trade Representative should raise the need for transparency and other standards bilaterally with other industrialized nations at every venue; and (3) the U.S. Government should enter into discussions for the establishment of multilateral standards for the control of the use of offsets in international defense trade through the appropriate multilateral fora, including the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G-8, and the World Trade Organization.
Amends the Arms Export Control Act to require certain numbered certifications to Congress with respect to any letter of offer to sell (Government-to-Government sale), or license for export (commercial sale), major defense equipment in the amount of $14 million or more, or defense articles or services in the amount of $50 million or more. Requires each numbered certification to include a description of any offset agreement, including its dollar amount. Directs the President to report to Congress on all measures taken to fulfill offset obligations under such agreements.
Extends to exports of defense articles or services the current prohibition against incentive payments by U.S. suppliers to satisfy any offset agreement with a foreign country to which such articles or services are sold.
Directs the President to initiate a feasibility review, then report to the appropriate congressional committees on a strategy for U.S. negotiations of multilateral agreements with designated foreign countries that provide standards for the use of offsets with respect to the sale or licensing of defense articles or services, including a timetable for entering into such multilateral agreements, and any progress toward reaching an agreement.
Establishes a National Commission on the Use of Offsets in Defense Trade to address all aspects of the use of offsets in international defense trade. Requires the Commission to report to the appropriate congressional committees with respect to such offset agreements. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Contact Lens Consumers
Act''.
SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS.
(a) In General.--When a prescriber completes a contact lens
fitting, the prescriber--
(1) whether or not requested by the patient, shall provide to
the patient a copy of the contact lens prescription; and
(2) shall, as directed by any person designated to act on
behalf of the patient, provide or verify the contact lens
prescription by electronic or other means.
(b) Limitations.--A prescriber may not--
(1) require purchase of contact lenses from the prescriber or
from another person as a condition of providing a copy of a
prescription under subsection (a)(1) or (a)(2) or verification of a
prescription under subsection (a)(2);
(2) require payment in addition to, or as part of, the fee for
an eye examination, fitting, and evaluation as a condition of
providing a copy of a prescription under subsection (a)(1) or
(a)(2) or verification of a prescription under subsection (a)(2);
or
(3) require the patient to sign a waiver or release as a
condition of verifying or releasing a prescription.
SEC. 3. IMMEDIATE PAYMENT OF FEES IN LIMITED CIRCUMSTANCES.
A prescriber may require payment of fees for an eye examination,
fitting, and evaluation before the release of a contact lens
prescription, but only if the prescriber requires immediate payment in
the case of an examination that reveals no requirement for ophthalmic
goods. For purposes of the preceding sentence, presentation of proof of
insurance coverage for that service shall be deemed to be a payment.
SEC. 4. PRESCRIBER VERIFICATION.
(a) Prescription Requirement.--A seller may sell contact lenses
only in accordance with a contact lens prescription for the patient
that is--
(1) presented to the seller by the patient or prescriber
directly or by facsimile; or
(2) verified by direct communication.
(b) Record Requirement.--A seller shall maintain a record of all
direct communications referred to in subsection (a).
(c) Information.--When seeking verification of a contact lens
prescription, a seller shall provide the prescriber with the following
information:
(1) Patient's full name and address.
(2) Contact lens power, manufacturer, base curve or appropriate
designation, and diameter when appropriate.
(3) Quantity of lenses ordered.
(4) Date of patient request.
(5) Date and time of verification request.
(6) Name of contact person at seller's company, including
facsimile and telephone number.
(d) Verification Events.--A prescription is verified under this Act
only if one of the following occurs:
(1) The prescriber confirms the prescription is accurate by
direct communication with the seller.
(2) The prescriber informs the seller that the prescription is
inaccurate and provides the accurate prescription.
(3) The prescriber fails to communicate with the seller within
8 business hours, or a similar time as defined by the Federal Trade
Commission, after receiving from the seller the information
described in subsection (c).
(e) Invalid Prescription.--If a prescriber informs a seller before
the deadline under subsection (d)(3) that the contact lens prescription
is inaccurate, expired, or otherwise invalid, the seller shall not fill
the prescription. The prescriber shall specify the basis for the
inaccuracy or invalidity of the prescription. If the prescription
communicated by the seller to the prescriber is inaccurate, the
prescriber shall correct it.
(f) No Alteration.--A seller may not alter a contact lens
prescription. Notwithstanding the preceding sentence, if the same
contact lens is manufactured by the same company and sold under
multiple labels to individual providers, the seller may fill the
prescription with a contact lens manufactured by that company under
another label.
(g) Direct Communication.--As used in this section, the term
``direct communication'' includes communication by telephone,
facsimile, or electronic mail.
SEC. 5. EXPIRATION OF CONTACT LENS PRESCRIPTIONS.
(a) In General.--A contact lens prescription shall expire--
(1) on the date specified by the law of the State in which the
prescription was written, if that date is one year or more after
the issue date of the prescription;
(2) not less than one year after the issue date of the
prescription if such State law specifies no date or a date that is
less than one year after the issue date of the prescription; or
(3) notwithstanding paragraphs (1) and (2), on the date
specified by the prescriber, if that date is based on the medical
judgment of the prescriber with respect to the ocular health of the
patient.
(b) Special Rules for Prescriptions of Less Than 1 Year.--If a
prescription expires in less than 1 year, the reasons for the judgment
referred to in subsection (a)(3) shall be documented in the patient's
medical record. In no circumstance shall the prescription expiration
date be less than the period of time recommended by the prescriber for
a reexamination of the patient that is medically necessary.
(c) Definition.--As used in this section, the term ``issue date''
means the date on which the patient receives a copy of the
prescription.
SEC. 6. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS.
Any person that engages in the manufacture, processing, assembly,
sale, offering for sale, or distribution of contact lenses may not
represent, by advertisement, sales presentation, or otherwise, that
contact lenses may be obtained without a prescription.
SEC. 7. PROHIBITION OF CERTAIN WAIVERS.
A prescriber may not place on the prescription, or require the
patient to sign, or deliver to the patient a form or notice waiving or
disclaiming the liability or responsibility of the prescriber for the
accuracy of the eye examination. The preceding sentence does not impose
liability on a prescriber for the ophthalmic goods and services
dispensed by another seller pursuant to the prescriber's correctly
verified prescription.
SEC. 8. RULEMAKING BY FEDERAL TRADE COMMISSION.
The Federal Trade Commission shall prescribe rules pursuant to
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) to carry
out this Act. Rules so prescribed shall be exempt from the requirements
of the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act
(15 U.S.C. 2301 et seq.). Any such regulations shall be issued in
accordance with section 553 of title 5, United States Code. The first
rules under this section shall take effect not later than 180 days
after the effective date of this Act.
SEC. 9. VIOLATIONS.
(a) In General.--Any violation of this Act or the rules required
under section 8 shall be treated as a violation of a rule under section
18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair
or deceptive acts or practices.
(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.
SEC. 10. STUDY AND REPORT.
(a) Study.--The Federal Trade Commission shall undertake a study to
examine the strength of competition in the sale of prescription contact
lenses. The study shall include an examination of the following issues:
(1) Incidence of exclusive relationships between prescribers or
sellers and contact lens manufacturers and the impact of such
relationships on competition.
(2) Difference between online and offline sellers of contact
lenses, including price, access, and availability.
(3) Incidence, if any, of contact lens prescriptions that
specify brand name or custom labeled contact lenses, the reasons
for the incidence, and the effect on consumers and competition.
(4) The impact of the Federal Trade Commission eyeglasses rule
(16 CFR 456 et seq.) on competition, the nature of the enforcement
of the rule, and how such enforcement has impacted competition.
(5) Any other issue that has an impact on competition in the
sale of prescription contact lenses.
(b) Report.--Not later than 12 months after the effective date of
this Act, the Chairman of the Federal Trade Commission shall submit to
the Congress a report of the study required by subsection (a).
SEC. 11. DEFINITIONS.
As used in this Act:
(1) Contact lens fitting.--The term ``contact lens fitting''
means the process that begins after the initial eye examination and
ends when a successful fit has been achieved or, in the case of a
renewal prescription, ends when the prescriber determines that no
change in prescription is required, and such term may include--
(A) an examination to determine lens specifications;
(B) except in the case of a renewal of a prescription, an
initial evaluation of the fit of the lens on the eye; and
(C) medically necessary follow up examinations.
(2) Prescriber.--The term ``prescriber'' means, with respect to
contact lens prescriptions, an ophthalmologist, optometrist, or
other person permitted under State law to issue prescriptions for
contact lenses in compliance with any applicable requirements
established by the Food and Drug Administration.
(3) Contact lens prescription.--The term ``contact lens
prescription'' means a prescription, issued in accordance with
State and Federal law, that contains sufficient information for the
complete and accurate filling of a prescription, including the
following:
(A) Name of the patient.
(B) Date of examination.
(C) Issue date and expiration date of prescription.
(D) Name, postal address, telephone number, and facsimile
telephone number of prescriber.
(E) Power, material or manufacturer or both.
(F) Base curve or appropriate designation.
(G) Diameter, when appropriate.
(H) In the case of a private label contact lens, name of
manufacturer, trade name of private label brand, and, if
applicable, trade name of equivalent brand name.
SEC. 12. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Fairness to Contact Lens Consumers Act - (Sec. 2) Requires a contact lens prescriber (a person permitted under State law to issue prescriptions for contact lenses) to provide a patient with a copy of their contact lens prescription, whether or not requested by the patient, and verify the prescription's accuracy, or make necessary corrections, to a contact lens seller or any person designated by the patient. Prohibits a prescriber from: (1) requiring patients to purchase contact lenses from the prescriber; (2) charging an additional fee for a copy of the prescription; (3) requiring the patient to sign a waiver; and (4) disclaiming liability or responsibility for the accuracy of the eye examination.
(Sec. 3) Allows a prescriber to withhold the contact lens prescription until the prescriber receives payment or proof of insurance coverage only if the prescriber also requires immediate payment from a patient not needing any ophthalmic goods.
(Sec. 4) Allows a seller to fill a prescription for contact lenses only when: (1) a seller receives a contact lens prescription directly or by facsimile; (2) a seller verifies a prescription by direct communication with the prescriber; or (3) the prescriber fails to respond to the seller within eight business hours after being contacted by the seller with the prescription information. Requires a seller to maintain a record of all such communication with a patient or a prescriber.
(Sec. 5) Declares that a contact lens prescription shall expire on the date specified by the law of the State in which it is written, but not less than one year after the issue date of the prescription. Permits an exception for a patient's ocular health.
(Sec. 6) Prohibits advertising that represents that contact lenses may be obtained without a prescription.
(Sec. 8) Requires the Federal Trade Commission (FTC) to prescribe rules to carry out this Act.
(Sec. 9) States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.
(Sec. 10) Requires the FTC to report to Congress on: (1) exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact such relationships have on competition; (2) differences between online and off-line sellers of contact lenses; (3) contact lens prescriptions that specify brand name and their impact on competition; (4) the FTC eyeglasses rule, its enforcement, and its impact on competition; and (5) any other issue that affects competition in the sale of contact lenses. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``King Cove All-Weather Road Corridor
Act''.
SEC. 2. IZEMBEK NATIONAL WILDLIFE REFUGE LAND CONVEYANCE.
Title VI of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 1178) is amended by striking subtitle E and
inserting the following:
``Subtitle E--Izembek National Wildlife Refuge Land Conveyance
``SEC. 6401. DEFINITIONS.
``In this subtitle:
``(1) Corporation.--The term `Corporation' means the King
Cove Corporation.
``(2) Federal land.--The term `Federal land' means--
``(A) the approximately 206 acres of Federal land
located within the Refuge, as generally depicted on the
map; and
``(B) the approximately 1,600 acres of Federal land
located on Sitkinak Island, as generally depicted on
the map.
``(3) Governor.--The term `Governor' means the Governor of
the State.
``(4) Map.--The term `map' means each of--
``(A) the map entitled `Izembek and Alaska
Peninsula National Wildlife Refuges' and dated
September 2, 2008; and
``(B) the map entitled `Sitkinak Island-Alaska
Maritime National Wildlife Refuge' and dated September
2, 2008.
``(5) Non-federal land.--The term `non-Federal land'
means--
``(A) the approximately 43,093 acres of land owned
by the State, as generally depicted on the map; and
``(B) the approximately 13,300 acres of land owned
by the Corporation (including approximately 5,430 acres
of land for which the Corporation shall relinquish the
selection rights of the Corporation under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
as part of the land exchange under section 6402(a)), as
generally depicted on the map.
``(6) Refuge.--The term `Refuge' means the Izembek National
Wildlife Refuge.
``(7) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(8) State.--The term `State' means the State of Alaska.
``(9) Tribe.--The term `Tribe' means the Agdaagux Tribe of
King Cove, Alaska.
``SEC. 6402. LAND CONVEYANCE.
``(a) In General.--On the date of enactment of the King Cove All-
Weather Road Corridor Act, subject to the conditions and requirements
described in this subtitle, the Secretary shall convey to the State all
right, title, and interest of the United States in and to the Federal
land for the purpose of constructing a single-lane gravel road between
the communities of King Cove and Cold Bay, Alaska.
``(b) Land Exchange.--
``(1) In general.--As a condition of the conveyance under
subsection (a), the State and the Corporation shall, not later
than 15 days after the date of enactment of the King Cove All-
Weather Road Corridor Act, notify the Secretary of the intent
to convey the non-Federal land from the State and the
Corporation to the United States.
``(2) Reversion.--The land conveyance under section 6402(a)
shall be null and void if the State and the Corporation have
not conveyed the non-Federal land from the State and the
Corporation to the United States not later than 60 days after
the date of enactment of King Cove All-Weather Road Corridor
Act.
``(c) Valuation.--The land conveyed under subsection (a) shall not
be subject to any requirement under any Federal law (including
regulations) relating to the valuation, appraisal, or equalization of
land.
``(d) Considerations.--In constructing the road described in
subsection (a), the Governor shall--
``(1) minimize the adverse impact of the road corridor on
the Refuge;
``(2) minimize the acreage of Federal land that is required
for the construction of the road corridor, consistent with
national road construction safety practices; and
``(3) to the maximum extent practicable, incorporate into
the road corridor roads that are in existence as of the date of
enactment of the King Cove All-Weather Road Corridor Act.
``SEC. 6403. KING COVE ROAD.
``(a) Requirements Relating to Use, Barrier Cables, and
Dimensions.--
``(1) Limitations on use.--
``(A) In general.--Except as provided in
subparagraph (B), any portion of the road constructed
on the land conveyed under section 6402(a) shall be
used primarily for health and safety purposes
(including access to and from the Cold Bay Airport) and
only for noncommercial purposes.
``(B) Exceptions.--Notwithstanding subparagraph
(A), the use of taxis, commercial vans for public
transportation, and shared rides (other than organized
transportation of employees to a business or other
commercial facility) shall be allowed on the road
described in subparagraph (A).
``(2) Requirement of barrier cable.--The road described in
paragraph (1)(A) shall be constructed to include a cable
barrier on each side of the road, as described in the record of
decision entitled `Mitigation Measure MM-11, King Cove Access
Project Final Environmental Impact Statement Record of
Decision' and dated January 22, 2004.
``(3) Required dimensions and design features.--The road
described in paragraph (1)(A) shall--
``(A) have a width of not greater than a single
lane, in accordance with the applicable road standards
of the State;
``(B) be constructed with gravel; and
``(C) if determined to be necessary, be constructed
to include appropriate safety pullouts.
``(b) Support Facilities.--Support facilities for the road
described in subsection (a)(1)(A) shall not be located within the
Refuge.
``(c) Federal Permits.--It is the intent of Congress that any
Federal permit required for construction of the road be issued or
denied not later than 1 year after the date of application for the
permit.
``(d) Transfer of Land After Construction.--On the date on which
the road described in subsection (a)(1)(A) is completed, the Governor
of the State shall transfer to the United States any land conveyed
under section 6402(a) that the Governor determines is not necessary for
the road corridor.
``(e) Applicable Law.--Nothing in this section amends, or modifies
the application of, section 1110 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3170).
``(f) Avoidance of Wildlife Impacts and Mitigation of Wetland
Loss.--
``(1) Avoidance of wildlife impacts.--
``(A) In general.--Road construction shall comply
with standard construction practices in the State, as
determined by the Governor of the State, that--
``(i) identify critical periods during the
calendar year when the Refuge is utilized by
wildlife, especially migratory birds;
``(ii) include specific mandatory
strategies to alter, limit or halt construction
activities during identified high risk periods
to minimize impacts to wildlife; and
``(iii) allow for the timely construction
of the road.
``(B) Public availability.--The Governor of the
State shall make available to the public the practices
described in subparagraph (A).
``(2) Mitigation of wetlands loss.--The land conveyed under
section 6402(a) shall comply with section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) with regard to
minimizing, to the greatest extent practicable, the filling,
fragmentation or loss of wetlands, especially intertidal
wetlands, and the Governor shall evaluate mitigating any effect
on those wetlands transferred in Federal ownership under the
provisions of this subtitle.
``SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.
``(a) Federal Land.--On completion of the land exchange under
section 6402(a)--
``(1) the boundary of the land designated as wilderness
within the Refuge shall be modified to exclude the Federal land
conveyed to the State under the land exchange; and
``(2) the Federal land located on Sitkinak Island that is
withdrawn for use by the Coast Guard shall, at the request of
the State, be transferred by the Secretary to the State upon
the relinquishment or termination of the withdrawal.
``(b) Non-Federal Land.--Upon completion of the land exchange under
section 6402(a), the non-Federal land conveyed to the United States
under this subtitle shall be--
``(1) added to the Refuge or the Alaska Peninsula National
Wildlife Refuge, as appropriate, as generally depicted on the
map; and
``(2) administered in accordance with the laws generally
applicable to units of the National Wildlife Refuge System.
``(c) Wilderness Additions.--
``(1) In general.--Upon completion of the land exchange
under section 6402(a), approximately 43,093 acres of land as
generally depicted on the map shall be added to--
``(A) the Izembek National Wildlife Refuge
Wilderness; or
``(B) the Alaska Peninsula National Wildlife Refuge
Wilderness.
``(2) Administration.--The land added as wilderness under
paragraph (1) shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and
other applicable laws (including regulations).
``(d) Permits for Dredged or Fill Materials.--The land conveyed
under section 6402(a) shall not be subject to section 404(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1344(c)).
``SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.
``(a) Voided Land Conveyance.--The land conveyance under section
6402(a) shall be null and void if construction of the road through the
Refuge--
``(1) has not begun during the period beginning on the date
of enactment of the King Cove All-Weather Road Corridor Act and
ending on the date that is 7 years after the date of enactment
of the King Cove All-Weather Road Corridor Act; and
``(2) has not been completed during the period beginning on
the date of enactment of the King Cove All-Weather Road
Corridor Act and ending on the date that is 12 years after the
date of enactment of the King Cove All-Weather Road Corridor
Act.
``(b) Return of Prior Ownership Status of Federal Land.--If the
land conveyance is voided under subsection (b)--
``(1) the ownership of the Federal land shall revert back
to the United States; and
``(2) the parcel of the Federal land that is located in the
Refuge shall be managed as part of the Izembek National
Wildlife Refuge Wilderness.
``SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.
``(a) In General.--Any legislative authority for construction of a
road shall expire at the end of the 7-year period beginning on the date
of the enactment of the King Cove All-Weather Road Corridor Act unless
a construction permit has been issued during that period.
``(b) Extension of Authority.--If a construction permit is issued
within the allotted period, the 7-year authority shall be extended for
a period of 5 additional years beginning on the date of issuance of the
construction permit.
``(c) Extension of Authority as Result of Legal Challenges.--
``(1) In general.--Prior to the issuance of a construction
permit, if a lawsuit or administrative appeal is filed
challenging the conveyance of the land under section 6402(a) or
construction of the road, the 7-year deadline or the 5-year
extension period, as appropriate, shall be extended for a time
period equivalent to the time consumed by the full adjudication
of the legal challenge or related administrative process.
``(2) Injunction.--After a construction permit has been
issued, if a court issues an injunction against construction of
the road, the 7-year deadline or 5-year extension, as
appropriate, shall be extended for a time period equivalent to
the time period that the injunction is in effect.
``(d) Applicability of Section 6405.--On the expiration of the
legislative authority under this section, if a road has not been
constructed, the land exchange shall be null and void and the land
ownership shall revert to the respective ownership status prior to the
land exchange as provided in section 6405.''. | King Cove All-Weather Road Corridor Act - Amends the Omnibus Public Land Management Act of 2009 to direct the Secretary of the Interior to convey to the state of Alaska federal land within the Izembek National Wildlife Refuge and on Sitkinak Island for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska, in exchange for non-federal land owned by the state and the King Cove Corporation. Adds the conveyed non-federal and other specified land to the Izembek National Wildlife Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Seniors From Fraud Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Older Americans are among the most rapidly growing segments
of our society.
(2) Our Nation's elderly are too frequently the victims of
violent crime, property crime, and consumer and telemarketing
fraud.
(3) The elderly are often targeted and retargeted in a range of
fraudulent schemes.
(4) The TRIAD program, originally sponsored by the National
Sheriffs' Association, International Association of Chiefs of
Police, and the American Association of Retired Persons unites
sheriffs, police chiefs, senior volunteers, elder care providers,
families, and seniors to reduce the criminal victimization of the
elderly.
(5) Congress should continue to support TRIAD and similar
community partnerships that improve the safety and quality of life
for millions of senior citizens.
(6) There are few other community-based efforts that forge
partnerships to coordinate criminal justice and social service
resources to improve the safety and security of the elderly.
(7) According to the National Consumers League, telemarketing
fraud costs consumers nearly $40,000,000,000 each year.
(8) Senior citizens are often the target of telemarketing
fraud.
(9) Fraudulent telemarketers compile the names of consumers who
are potentially vulnerable to telemarketing fraud into the so-
called ``mooch lists''.
(10) It is estimated that 56 percent of the names on such
``mooch lists'' are individuals age 50 or older.
(11) The Federal Bureau of Investigation and the Federal Trade
Commission have provided resources to assist private-sector
organizations to operate outreach programs to warn senior citizens
whose names appear on confiscated ``mooch lists''.
(12) The Administration on Aging was formed, in part, to
provide senior citizens with the resources, information, and
assistance their special circumstances require.
(13) The Administration on Aging has a system in place to
inform senior citizens of the dangers of telemarketing fraud.
(14) Senior citizens need to be warned of the dangers of
telemarketing fraud before they become victims of such fraud.
SEC. 3. SENIOR FRAUD PREVENTION PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General $1,000,000 for each of the fiscal
years 2001 through 2005 for programs for the National Association of
TRIAD.
(b) Comptroller General.--The Comptroller General of the United
States shall submit to Congress a report on the effectiveness of the
TRIAD program 180 days prior to the expiration of the authorization
under this Act, including an analysis of TRIAD programs and activities;
identification of impediments to the establishment of TRIADs across the
Nation; and recommendations to improve the effectiveness of the TRIAD
program.
SEC. 4. DISSEMINATION OF INFORMATION.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary of Health and Human Services for Aging,
shall provide to the Attorney General of each State and publicly
disseminate in each State, including dissemination to area agencies on
aging, information designed to educate senior citizens and raise
awareness about the dangers of fraud, including telemarketing and
sweepstakes fraud.
(b) Information.--In carrying out subsection (a), the Secretary
shall--
(1) inform senior citizens of the prevalence of telemarketing
and sweepstakes fraud targeted against them;
(2) inform senior citizens how telemarketing and sweepstakes
fraud work;
(3) inform senior citizens how to identify telemarketing and
sweepstakes fraud;
(4) inform senior citizens how to protect themselves against
telemarketing and sweepstakes fraud, 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 how to report suspected attempts at
or acts of 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 and sweepstakes promotions.
(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;
(4) direct mailings; and
(5) telephone outreach to individuals whose names appear on so-
called ``mooch lists'' confiscated from fraudulent marketers.
(d) Priority.--In disseminating information under this section, the
Secretary shall give priority to areas with high incidents of fraud
against senior citizens.
SEC. 5. STUDY OF CRIMES AGAINST SENIORS.
(a) In General.--The Attorney General shall conduct a study
relating to crimes against seniors, in order to assist in developing
new strategies to prevent and otherwise reduce the incidence of those
crimes.
(b) Issues Addressed.--The study conducted under this section shall
include an analysis of--
(1) the nature and type of crimes perpetrated against seniors,
with special focus on--
(A) the most common types of crimes that affect seniors;
(B) the nature and extent of telemarketing, sweepstakes,
and repair fraud against seniors; and
(C) the nature and extent of financial and material fraud
targeted at seniors;
(2) the risk factors associated with seniors who have been
victimized;
(3) the manner in which the Federal and State criminal justice
systems respond to crimes against seniors;
(4) the feasibility of States establishing and maintaining a
centralized computer database on the incidence of crimes against
seniors that will promote the uniform identification and reporting
of such crimes;
(5) the effectiveness of damage awards in court actions and
other means by which seniors receive reimbursement and other
damages after fraud has been established; and
(6) other effective ways to prevent or reduce the occurrence of
crimes against seniors.
SEC. 6. INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY.
Beginning not later than 2 years after the date of enactment of
this Act, as part of each National Crime Victimization Survey, the
Attorney General shall include statistics relating to--
(1) crimes targeting or disproportionately affecting seniors;
(2) crime risk factors for seniors, including the times and
locations at which crimes victimizing seniors are most likely to
occur; and
(3) specific characteristics of the victims of crimes who are
seniors, including age, gender, race or ethnicity, and
socioeconomic status.
SEC. 7. STATE AND LOCAL GOVERNMENT OUTREACH.
It is the sense of Congress that State and local governments should
fully incorporate fraud avoidance information and programs into
programs that provide assistance to the aging.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Secretary of Health and Human Services, acting through the Assistant Secretary of Health and Human Services for Aging, to provide to the Attorney General of each State and to publicly disseminate in each State, including to area agencies on aging, information designed to educate senior citizens and raise awareness about the dangers of fraud, including telemarketing and sweepstakes fraud. Directs the Secretary to give priority, in disseminating information, to areas with high incidents of fraud against senior citizens.
Directs the Attorney General to: (1) conduct a study to assist in developing new strategies to prevent and otherwise reduce the incidence of crimes against seniors; and (2) include as part of each National Crime Victimization Survey statistics related to crimes targeting or disproportionately affecting seniors, crime risk factors for seniors, and specific characteristics of the victims of crimes who are seniors.
Expresses the sense of Congress that State and local governments should fully incorporate fraud avoidance information and programs into programs that provide assistance to the aging. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Exchange Act of 2011''.
SEC. 2. TEACHER EXCHANGES.
(a) State Use of Funds.--Section 2113(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is amended by
adding at the end the following:
``(19) Carrying out a teacher exchange under which the
State educational agency--
``(A) sends highly qualified teachers with at least
3 years of teaching experience to another State
educational agency located in a different geographic
region for a school year (in this paragraph referred to
as the `receiving State educational agency'), provided
that--
``(i) 1 of the State educational agencies
involved serves a high-need local educational
agency; or
``(ii) the State educational agencies
involved will be exchanging teachers in
science, math, English as a second language,
special education, or other subject areas that
have a high need for qualified teachers, as
determined by the Secretary;
``(B) ensures that the teachers remain subject to
the terms and conditions of employment that would have
applied if the teachers had remained at the State
educational agency;
``(C) provides such teachers with payment of
certain housing, travel, and other expenses incurred by
such teachers during participation in the exchange;
``(D) requires such teachers to return to the State
educational agency for a period of time following such
teachers' participation in the exchange; and
``(E) develops and implements a plan to provide
participating teachers with activities designed to
promote professional development, which may include--
``(i) an orientation session or courses to
prepare such teachers for--
``(I) the exchange experience;
``(II) the community in which the
receiving State educational agency is
located and the schools in such agency;
and
``(III) the particular grade level
and curriculum assigned to the
participating teacher by the receiving
State educational agency;
``(ii) a mentoring program through which
each such teacher is paired with a mentor (who
is not also a participating teacher) employed
by the receiving State educational agency who
teaches in the same grade level or subject area
that the participating teacher has been
assigned to teach under the exchange;
``(iii) a forum for participating teachers,
led by an administrator or teacher at the
receiving State educational agency, to engage
in ongoing professional development focused on
improving classroom instruction to result in
improved student outcomes, including reading
educational research, reviewing student work,
creating and reviewing formative and summative
assessments, analyzing data from student
assessments, and tracking student progress; and
``(iv) content-specific programs designed
to support participating teachers in teaching
the specific curriculum in place at the
receiving State educational agency and at the
grade level to which each such teacher is
assigned.''.
(b) Local Use of Funds.--Section 2123(a) of such Act (20 U.S.C.
6623(a)) is amended by adding at the end the following:
``(11) Carrying out a teacher exchange (regardless of
whether the State educational agency serving the local
educational agency participates in such exchange) under which
the local educational agency--
``(A) sends highly qualified teachers with at least
3 years of teaching experience to another local
educational agency located in a different geographic
region (in this paragraph referred to as the `receiving
local educational agency') for a school year
(regardless of whether the State educational agency
serving such local educational agency participates in
such exchange), provided that--
``(i) 1 of the local educational agencies
involved is a high-need local educational
agency; or
``(ii) the local educational agencies
involved will be exchanging teachers in
science, math, English as a second language,
special education, or other subject areas that
have a high need for qualified teachers, as
determined by the Secretary;
``(B) ensures that the teachers remain subject to
the terms and conditions of employment that would have
applied if the teachers had remained at the local
educational agency;
``(C) provides such teachers with payment of
certain housing, travel, and other expenses incurred by
such teachers during participation in the exchange;
``(D) requires such teachers to return to the local
educational agency for a period of time following such
teachers' participation in the exchange; and
``(E) develops and implements a plan to provide
participating teachers with activities designed to
promote professional development, which may include--
``(i) an orientation session or courses to
prepare such teachers for--
``(I) the exchange experience;
``(II) the community in which the
receiving local educational agency is
located and the schools in such agency;
and
``(III) the particular grade level
and curriculum assigned to the
participating teacher by the receiving
local educational agency;
``(ii) a mentoring program through which
each such teacher is paired with a mentor (who
is not also a participating teacher) employed
by the receiving local educational agency who
teaches in the same grade level or subject area
that the participating teacher has been
assigned to teach under the exchange;
``(iii) a forum for participating teachers,
led by an administrator or teacher at the
receiving local educational agency, to engage
in ongoing professional development focused on
improving classroom instruction to result in
improved student outcomes, including reading
educational research, reviewing student work,
creating and reviewing formative and summative
assessments, analyzing data from student
assessments, and tracking student progress; and
``(iv) content-specific programs designed
to support participating teachers in teaching
the specific curriculum in place at the
receiving local educational agency and at the
grade level to which each such teacher is
assigned.''. | Teacher Exchange Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize states to use their grant under part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to carry out a teacher exchange sending highly qualified teachers with at least three years of teaching experience to another state in a different region for a school year.
Requires: (1) at least one of the states involved in an exchange to serve a high-need local educational agency (LEA), or (2) the states to be exchanging teachers in subjects that have a high need for qualified teachers.
Requires states to maintain the employment terms of teachers participating in the exchange, cover their expenses, and provide them with training.
Requires the teachers to return to their state following their participation in the exchange.
Authorizes LEAs to use their subgrant under part A of title II of the ESEA to carry out a teacher exchange (regardless of whether or not their states are participating in the exchange) sending highly qualified teachers with at least three years of teaching experience to another LEA in a different region for a school year.
Requires: (1) at least one of the LEAs involved in an exchange to be a high-need LEA, or (2) the LEAs to be exchanging teachers in subjects that have a high need for qualified teachers.
Requires LEAs to maintain the employment terms of teachers participating in the exchange, cover their expenses, and provide them with training.
Requires the teachers to return to their LEA following their participation in the exchange. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Code Like a Girl Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Growth in the STEM workforce is dominated by new
computing jobs, and the Nation needs to leverage all of its
human capital to meet the demand. The Bureau of Labor
Statistics projects that, of all the new STEM occupations
created from 2014 to 2024, nearly \2/3\ will be computing jobs.
(2) More work is needed to ensure women are equally
represented in the computer science workforce. According to the
Bureau of Labor Statistics, in 2016, women held more than 51
percent of all professional occupations in the United States,
but only 26 percent of the computing-related occupations. This
is compared with the all-time peak of 26 percent of the
computing-related occupations in 1991.
(3) The gender disparity in computer science extends down
through all levels of education. In 2016, only 23 percent of AP
Computer Science exam takers were female. The number of
computer science degrees awarded to women has steadily declined
for bachelor's degree earners from 29 percent in 1995 to just
18 percent in 2014.
(4) A 2010 study funded by the National Science Foundation
found that a majority of both women and men scientists and
Ph.D. students became interested in science before middle
school. Women scientists in this study were more likely than
men to mention teachers as the source of their initial interest
in science, substantiating the need for teachers to engage
young girls in the classroom.
(5) Gender disparities are also observed at the earliest
levels of education. Studies have shown that, at around 6 years
old, girls develop the belief that brilliance is a male
characteristic. This negative stereotype, once adopted, is
shown to have an immediate effect, as girls start to lose
interest in activities they perceive as requiring brilliance.
(6) Research into the cause of the early adoption of this
stereotype is limited, but implicit biases held by teachers
have been shown to have a negative impact on girls' academic
achievement in math and science and on their future decisions
to enroll in advanced courses in these subjects.
(7) While significant work is being done to expand access
to high-quality computer science education for female students
at the secondary and postsecondary level, there are few
research funding opportunities focused exclusively on girls in
early childhood education.
(8) Despite the limited attention being paid to this age
group, research has shown that interventions with girls at an
early age can reduce the negative impact of gendered
stereotypes. Scientists have found that positive experiences
with robotics and computing lead to greater interest and self-
confidence among girls, even after gender stereotypes about
computing have been adopted.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) 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)).
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801), except that such term also includes preschools, after-
school programs, and summer programs.
(4) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics, including computer science.
(5) Young girls.--The term ``young girls'' means female
individuals who have not attained the age of 11.
SEC. 4. RESEARCH GRANTS.
(a) In General.--The Director shall award grants on a competitive
basis to institutions of higher education, local educational agencies,
or nonprofit organizations (or consortia of such institutions,
agencies, or organizations), to accelerate research efforts to increase
understanding of the factors that contribute to the willingness or
unwillingness of young girls to participate in STEM activities.
(b) Research Areas.--Research areas funded by a grant under this
section may include--
(1) the role of teacher training and professional
development, including effective incentive structures to
encourage teachers to participate in such training and
professional development, in encouraging or discouraging young
girls from participating in STEM activities;
(2) the role of implicit bias in the classroom in shaping
young girls' perceptions of STEM and discouraging such girls
from participating in STEM activities;
(3) the role of other facets of the learning environment on
the willingness of young girls to participate in STEM
activities, including learning materials and textbooks,
classroom decorations, seating arrangements, use of media and
technology, classroom culture, and gender composition of
students during group work;
(4) the role of parents and other caregivers in encouraging
or discouraging young girls from participating in STEM
activities;
(5) the types of STEM activities that encourage greater
participation by young girls; and
(6) any other activity the Director determines will
accomplish the goals of this section.
(c) Grant Recipient Report.--An entity awarded a grant under this
section shall report to the Director, at such time and in such manner
as the Director may require, on the activities carried out and
materials developed using such grant funds.
SEC. 5. DEVELOPMENT AND TESTING OF SCALABLE MODELS FOR INCREASED
ENGAGEMENT.
(a) In General.--The Director shall award grants on a competitive
basis, to institutions of higher education or nonprofit organizations
(or consortia of such institutions or organizations), to develop and
evaluate interventions in pre-K and elementary school classrooms that
seek to increase participation of young girls in computer science
activities.
(b) Partnerships.--In order to be eligible to receive a grant under
this section, an institution of higher education, nonprofit
organization, or consortium shall enter into a partnership with one or
more local educational agencies in carrying out the activities funded
by such grant.
(c) Uses of Funds.--Grants awarded under this section shall be used
for activities that draw upon the expertise of the partner entities
described in subsection (b) to increase participation of young girls in
computer science activities, including--
(1) offering training and professional development
programs, including summer or academic year institutes or
workshops, designed to strengthen the capabilities of pre-K and
elementary school teachers and to familiarize such teachers
with the role of gender bias in the classroom;
(2) offering innovative pre-service and in-service programs
that instruct teachers on gender-inclusive practices for
teaching computing concepts;
(3) developing distance learning programs for teachers or
students, including developing curricular materials, play-based
computing activities, and other resources for the in-service
professional development of teachers that are made available to
teachers through the internet;
(4) developing a cadre of master teachers who will promote
reform and the adoption of gender-inclusive practices in
teaching computer science concepts in early childhood
education;
(5) developing tools to evaluate activities conducted under
this section;
(6) developing or adapting pre-K and elementary school
computer science curricular materials that incorporate
contemporary research on the science of learning, particularly
with respect to gender inclusion;
(7) developing and offering gender-inclusive computer
science enrichment programs for students, including after-
school and summer programs;
(8) providing mentors for girls in person and through the
internet to support such girls in participating in computer
science activities;
(9) educating the parents of girls about the difficulties
faced by girls to maintain an interest and desire to
participate in computer science activities, and enlisting the
help of parents in overcoming these difficulties;
(10) acquainting girls with careers in computer science and
encouraging girls to consider careers in such field; and
(11) any other activities the Director determines will
accomplish the goals of this section.
(d) Grant Recipient Report.--An entity awarded a grant under this
section shall report to the Director, at such time and in such manner
as the Director may require, on the activities carried out and
materials developed using such grant funds.
(e) Evaluation Required.--Not later than 4 years after the date of
enactment of this Act, and every 3 years thereafter, the Director shall
evaluate the grant program under this section. At a minimum, such
evaluation shall--
(1) use a common set of benchmarks and assessment tools to
identify best practices and materials developed and
demonstrated by the partnerships described in subsection (b);
and
(2) to the extent practicable, compare the effectiveness of
practices and materials developed and demonstrated by such
partnerships with those of partnerships funded by other local
or State government or Federal Government programs.
(f) Dissemination of Results.--
(1) Evaluation results.--The Director shall make publicly
available free of charge on an internet website and shall
submit to Congress the results of the evaluation required under
subsection (e).
(2) Materials.--The Director shall ensure that materials
developed under a program funded by a grant under this section,
that are demonstrated to be effective in achieving the goals of
this section (as determined by the Director), are made publicly
available free of charge on an internet website, including
through an arrangement with an outside entity.
(g) Annual Meeting.--The Director shall convene an annual meeting
of the partnerships participating in a program funded by a grant under
this section, for the purpose of fostering greater national
collaboration.
(h) Technical Assistance.--At the request of a partnership seeking
a grant under this section, the Director shall provide the partnership
with technical assistance in meeting any requirement of this section,
including providing advice from experts on how to develop a quality
application for such a grant.
SEC. 6. REPORTING REQUIREMENTS.
(a) Annual Report.--The Director shall submit to Congress an annual
report on the grant programs established by sections 4 and 5.
(b) Report on Program Expansion.--Not later than 4 years after the
first grant is awarded under the grant programs established by sections
4 and 5, the Director shall submit to Congress a report, based on an
analysis of the grant recipient reports submitted to the Director
pursuant to sections 4(c) and 5(d), that includes a recommendation for
how to expand such grant programs. | Code Like a Girl Act This bill directs the National Science Foundation (NSF) to award competitive grants to institutions of higher education, local educational agencies, or nonprofit organizations to accelerate research efforts to increase understanding of the factors that contribute to the willingness or unwillingness of girls under the age of 11 to participate in STEM (science, technology, engineering, and mathematics, including computer science) activities. The NSF shall also award competitive grants to such institutions and organizations to enter into partnerships with local educational agencies to develop and evaluate interventions in pre-K and elementary school classrooms that seek to increase participation by such girls in computer science activities. The NSF must: (1) ensure that the materials developed under a program that are demonstrated as being effective in achieving grant goals are made available free of charge to the public on an Internet website, (2) convene an annual meeting of participating partnerships to foster greater national collaboration, and (3) furnish such partnerships with technical assistance in meeting grant program requirements. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Great Bend of the
Gila National Monument Establishment Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Great Bend of the Gila National Monument,
Arizona.
Sec. 3. Management of national monument.
Sec. 4. Management plan.
Sec. 5. Tribal use of national monument.
Sec. 6. Off-road use of motorized and mechanized vehicles.
Sec. 7. No military airspace restrictions.
Sec. 8. Research, education, and visitor services.
Sec. 9. Fish and wildlife.
Sec. 10. Land acquisition.
Sec. 11. Withdrawal.
Sec. 12. Effect on existing facilities and rights-of-way.
Sec. 13. Water rights.
Sec. 14. Advisory council.
SEC. 2. ESTABLISHMENT OF GREAT BEND OF THE GILA NATIONAL MONUMENT,
ARIZONA.
(a) Establishment.--There is established in the State of Arizona
the Great Bend of the Gila National Monument (in this Act referred to
as the ``national monument'').
(b) Purpose.--The purpose of the national monument is--
(1) to preserve, protect, and restore the archaeological,
cultural, historic, geologic, hydrologic, natural, educational,
and scenic resources of the Great Bend of the Gila (Gila River
in Western Maricopa County, Arizona) and adjacent land; and
(2) to provide for public interpretation and recreation
consistent with the resources described in paragraph (1).
(c) Boundaries.--
(1) In general.--The national monument consists of
approximately 84,296 acres of public lands and interests in
land administered by the Secretary of the Interior through the
Bureau of Land Management, as generally depicted on the map
entitled ``Great Bend of the Gila National Monument'' and dated
March 6, 2013.
(2) Minor adjustments.--The Secretary may make minor
adjustments to the boundaries of the national monument to
reflect the inclusion of significant archaeological resources
discovered after the date of enactment of this Act on public
lands adjacent to the national monument.
(3) Availability of map.--The map described in paragraph
(1) and the legal description of any adjustments made under
paragraph (2) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Adjacent Uses.--Nothing in this Act--
(1) creates a protective perimeter or buffer zone around
the national monument; or
(2) affects private property outside of the boundaries of
the national monument.
SEC. 3. MANAGEMENT OF NATIONAL MONUMENT.
(a) National Landscape Conservation System.--The Secretary of the
Interior shall manage the national monument as part of the National
Landscape Conservation System--
(1) to allow only such uses of the national monument as to
further the purposes for which the monument was established;
and
(2) in accordance with this Act and other laws generally
applicable to the national monument, including the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3001
et seq.) and the policy described in Public Law 95-341
(commonly known as the American Indian Religious Freedom Act;
42 U.S.C. 1996).
(b) Management Objectives.--In managing the national monument, the
Secretary of the Interior shall--
(1) maintain the undeveloped character of the national
monument to the maximum extent practicable; and
(2) protect and restore cultural resources, species, and
ecosystems of the national monument.
(c) Vegetation Management.--
(1) In general.--The Secretary of the Interior--
(A) shall conduct an inventory of invasive plant
species in the national monument;
(B) may carry out vegetation management treatments,
including efforts to control salt cedar and other
invasive plant species, in the national monument; and
(C) shall coordinate vegetation management within
the national monument boundaries with ongoing efforts
to eradicate invasive species by the Flood Control
District of Maricopa County and neighboring
communities.
(2) Use of native plant species.--The Secretary shall
utilize native plant species in planning for restoration
projects to be conducted in the national monument.
(d) Grazing.--The Secretary shall permit grazing in the national
monument, where grazing was established before the date of enactment of
this Act--
(1) subject to all applicable laws; and
(2) consistent with the purposes for which the national
monument is established.
(e) Backcountry Activities.--Management of the national monument
shall support backcountry hunting and other non-motorized recreation in
the national monument.
SEC. 4. MANAGEMENT PLAN.
(a) Management Plan Required.--Not later than three years after the
date of enactment of this Act, the Secretary of the Interior shall
develop a management plan for the national monument that addresses the
actions necessary to protect the resources described in section
2(b)(1). The management plan shall include a transportation plan,
including travel restrictions and road closures.
(b) Consultation.--In addition to the period of public comment
required by subsection (b), the Secretary of the Interior shall prepare
the management plan in government-to-government consultation with
Indian tribes with a cultural or historic tie to the Great Bend of the
Gila.
SEC. 5. TRIBAL USE OF NATIONAL MONUMENT.
(a) Traditional Uses.--The Secretary of the Interior shall allow
for the continued use of the national monument by members of Indian
tribes--
(1) for traditional ceremonies; and
(2) as a source of traditional plants and other materials.
(b) Terms and Conditions.--Tribal use of the national monument
under subsection (a) shall be--
(1) subject to any terms and conditions the Secretary of
the Interior determines to be necessary to further the purposes
for which the national monument is established; and
(2) in accordance with applicable law.
(c) Tribal Rights.--Nothing in this Act affects--
(1) the rights of any Indian tribe on Indian land;
(2) any individually held trust land or Indian allotment;
or
(3) any treaty rights providing for nonexclusive access to
or in the national monument by members of Indian tribes for
traditional and cultural purposes.
SEC. 6. OFF-ROAD USE OF MOTORIZED AND MECHANIZED VEHICLES.
Except as needed for administrative purposes or to respond to an
emergency, the use of motorized and mechanized vehicles in the national
monument is limited to roads and trails designated for their use.
SEC. 7. NO MILITARY AIRSPACE RESTRICTIONS.
Establishment of the national monument shall not be construed to
impact or impose any altitude, flight, or other airspace restrictions
on current or future military operations or missions. Should the Armed
Forces require additional or modified airspace after the date of the
enactment of this Act, Congress does not intend for the establishment
of the national monument to impede the Secretary of Defense from
petitioning the Federal Aviation Administration to change or expand
restricted military airspace.
SEC. 8. RESEARCH, EDUCATION, AND VISITOR SERVICES.
(a) Education and Interpretation.--The Secretary of the Interior
shall provide such minimal facilities within the national monument for
education and interpretation, such as signage or other interpretive
kiosks, as the Secretary considers necessary for visitor enjoyment of
the national monument, while ensuring the protection of monument
resources.
(b) Visitor Center.--Any visitor center for the national monument
shall be sited in a community in the vicinity of the national monument,
rather than within the boundaries of the national monument.
(c) Research Authorized.--
(1) In general.--The Secretary of the Interior shall allow
scientific research to be conducted in the national monument,
including research to identify, protect, and preserve the
historic and cultural resources of the monument.
(2) Climate change research.--The Secretary may conduct, or
authorize other persons to conduct, research regarding the
effects of climate change on monument resources to develop
management techniques to boost resiliency and facilitate
adaptation to human-caused climate change.
SEC. 9. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State of
Arizona with respect to the management of fish and wildlife on public
lands in the State.
SEC. 10. LAND ACQUISITION.
(a) Acquisition Authority.--The Secretary of the Interior may
acquire land and any interest in land, State and private, within or
adjacent to the boundaries of the national monument--
(1) by purchase from willing sellers with donated or
appropriated funds;
(2) by donation; or
(3) by exchange.
(b) Treatment of Acquired Land.--Land and interests in land
acquired under the authority of subsection (a) shall automatically
become part of the national monument.
SEC. 11. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, all Federal land
within the national monument (including any land or interest in land
acquired after the date of enactment of this Act) is withdrawn from--
(1) 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, mineral materials,
and geothermal leasing laws.
(b) Renewable Energy Projects.--Subject to valid and existing
rights, renewable energy and transmission development is prohibited in
the national monument.
SEC. 12. EFFECT ON EXISTING FACILITIES AND RIGHTS-OF-WAY.
Nothing in this Act terminates or limits any valid right-of-way
within the Monument in existence on the date of the enactment of this
Act (including the customary operation, maintenance, repair, relocation
within an existing right-of-way, or replacement of energy transport
facilities within an existing right-of-way), or other authorized right-
of-way.
SEC. 13. WATER RIGHTS.
(a) In General.--Nothing in this shall affect, alter, or diminish
the water rights, or claims or entitlements to water of the United
States, the State of Arizona, or any irrigation or conservation
district, canal company, entity or individual to the Gila River or any
tributary thereto.
(b) Reserved Water Rights.--The designation of the national
monument does not imply or create a Federal reserved water right to the
appropriable waters of the Gila River or any tributary thereto.
SEC. 14. ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``Great Bend of the Gila National Monument
Advisory Council''.
(b) Duties.--
(1) The Council shall advise the Secretary with respect to
the preparation and implementation of the management plan.
(2) The Council shall advise, or create a subcommittee to
advise, on salt cedar/tamarisk removal within the monument.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall include members to be appointed by
the Secretary. To the extent practicable, the Secretary shall appoint
not more than 13 members from Category One and an additional 13
members, in the aggregate, from Category Two, Category Three, and
Category Four, who will represent the purposes for which the national
monument was established and stakeholders who may have an interest in
the planning and management of the national monument. The categories
referred to in this subsection are the following:
(1) Category one.--Representatives of affiliated tribes.
(2) Category two.--Public land ranchers, irrigation
districts, and representatives of organizations associated with
agriculture, energy and mineral development, transportation or
rights-of-way, off-highway vehicle use, and commercial
recreation.
(3) Category three.--Representatives of nationally or
regionally recognized environmental organizations,
archaeological and historical organizations, and dispersed
recreation activities.
(4) Category four.--
(A) Representatives of State, county, or local
elected office.
(B) Representatives and employees of a State agency
responsible for the management of natural resources.
(C) Representatives and employees of academic
institutions who are involved in natural sciences.
(D) The public-at-large.
(e) Representation.--The Secretary shall ensure that the membership
of the Council is fairly balanced in terms of the points of view
represented and the functions to be performed by the Council.
(f) Duration.--The Council shall terminate on the date that is one
year from the date on which the management plan is adopted by the
Secretary. | Great Bend of the Gila National Monument Establishment Act This bill establishes the Great Bend of the Gila National Monument in Arizona. The Department of the Interior shall manage the Monument as part of the National Landscape Conservation System to maintain its undeveloped character and to protect and restore its cultural resources, species, and ecosystems. Interior shall conduct an inventory of invasive plant species in the Monument. Interior may carry out vegetation management treatments within the Monument, including efforts to control salt cedar and other invasive plant species. The bill permits grazing within the Monument where it is already established. Interior shall develop a management plan for the Monument in government-to-government consultation with Indian tribes having a cultural or historic tie to the Great Bend of the Gila. The Monument may continue to be used by tribe members for traditional ceremonies and as a source of traditional plants and other materials. Interior shall allow scientific research within the Monument, including research for the preservation of its historic and cultural resources. Interior may conduct, or authorize other persons to conduct, research regarding the effects of climate change on the Monument's resources. The bill prohibits renewable energy and transmission development projects in the Monument. Interior shall establish the Great Bend of the Gila National Monument Advisory Council to advise on the management plan and salt cedar/tamarisk removal. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Totalization
Agreement Reform Act of 2007'' or the ``STAR Act''.
SEC. 2. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS.
(a) In General.--Section 233(e) of the Social Security Act (42
U.S.C. 433(e)) is amended to read as follows:
``(e)(1) Any agreement to establish a totalization arrangement
which is entered into with another country under this section shall
enter into force with respect to the United States if (and only if)--
``(A) the President, at least 90 calendar days before the
date on which the President enters into the agreement, notifies
each House of Congress of the President's intention to enter
into the agreement, and promptly thereafter publishes notice of
such intention in the Federal Register,
``(B) the President transmits the text of such agreement to
each House of Congress as provided in paragraph (2), and
``(C) an approval resolution regarding such agreement has
passed both Houses of Congress and has been enacted into law.
``(2)(A) Whenever an agreement referred to in paragraph (1) is
entered into, the President shall transmit to each House of Congress a
document setting forth the final legal text of such agreement and
including a report by the President in support of such agreement. The
President's report shall include the following:
``(i) An estimate by the Chief Actuary of the Social
Security Administration of the effect of the agreement, in the
short term and in the long term, on the receipts and
disbursements under the social security system established by
this title.
``(ii) A statement of any administrative action proposed to
implement the agreement and how such action will change or
affect existing law.
``(iii) A statement describing whether and how the
agreement changes provisions of an agreement previously
negotiated.
``(iv) A statement describing how and to what extent the
agreement makes progress in achieving the purposes, policies,
and objectives of this title.
``(v) An estimate by the Chief Actuary of the Social
Security Administration, working in consultation with the
Comptroller General of the United States, of the number of
individuals who may become eligible for any benefits under this
title or who may otherwise be affected by the agreement.
``(vi) An assessment of the integrity of the retirement
data and records (including birth, death, and marriage records)
of the other country that is the subject of the agreement.
``(vii) An assessment of the ability of such country to
track and monitor recipients of benefits under such agreement.
``(B) If any separate agreement or other understanding with another
country (whether oral or in writing) relating to an agreement to
establish a totalization arrangement under this section is not
disclosed to Congress in the transmittal to Congress under this
paragraph of the agreement to establish a totalization arrangement,
then such separate agreement or understanding shall not be considered
to be part of the agreement approved by Congress under this section and
shall have no force and effect under United States law.
``(3) For purposes of this subsection, the term `approval
resolution' means a joint resolution, the matter after the resolving
clause of which is as follows: `That the proposed agreement entered
into pursuant to section 233 of the Social Security Act between the
United States and _______ establishing totalization arrangements
between the social security system established by title II of such Act
and the social security system of _______, transmitted to Congress by
the President on ______, is hereby approved.', the first two blanks
therein being filled with the name of the country with which the United
States entered into the agreement, and the third blank therein being
filled with the date of the transmittal of the agreement to Congress.
``(4) Whenever a document setting forth an agreement entered into
under this section and the President's report in support of the
agreement is transmitted to Congress pursuant to paragraph (2), copies
of such document shall be delivered to both Houses of Congress on the
same day and shall be delivered to the Clerk of the House of
Representatives if the House is not in session and to the Secretary of
the Senate if the Senate is not in session.
``(5) On the day on which a document setting forth the agreement is
transmitted to the House of Representatives and the Senate pursuant to
paragraph (1), an approval resolution with respect to such agreement
shall be introduced (by request) in the House by the majority leader of
the House, for himself or herself and the minority leader of the House,
or by Members of the House designated by the majority leader and
minority leader of the House; and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself or herself
and the minority leader of the Senate, or by Members of the Senate
designated by the majority leader and minority leader of the Senate. If
either House is not in session on the day on which such an agreement is
transmitted, the approval resolution with respect to such agreement
shall be introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that House is in
session. The resolution introduced in the House of Representatives
shall be referred to the Committee on Ways and Means and the resolution
introduced in the Senate shall be referred to the Committee on
Finance.''.
(b) Additional Reports and Evaluations.--Section 233 of the Social
Security Act (42 U.S.C. 433) is amended by adding at the end the
following new subsections:
``(f) Biennial SSA Report on Impact of Totalization Agreements.--
``(1) Report.--For any totalization agreement transmitted
to Congress on or after January 1, 2007, the Commissioner of
Social Security shall submit a report to Congress and the
Comptroller General that--
``(A) compares the estimates contained in the
report submitted to Congress under clauses (i) and (v)
of subsection (e)(2)(A) with respect to that agreement
with the actual number of individuals affected by the
agreement and the actual effect of the agreement on
social security system receipts and disbursements; and
``(B) contains recommendations for adjusting the
methods used to make the estimates.
``(2) Dates for submission.--The report required under this
subsection shall be provided not later than 2 years after the
effective date of the totalization agreement that is the
subject of the report and biennially thereafter.
``(g) GAO Evaluation and Report.--
``(1) Evaluation of initial report on impact of
totalization agreements.--With respect to each initial report
regarding a totalization agreement submitted under subsection
(f), the Comptroller General of the United States shall conduct
an evaluation of the report that includes--
``(A) an evaluation of the procedures used for
making the estimates required by subsection (e)(2)(A);
``(B) an evaluation of the procedures used for
determining the actual number of individuals affected
by the agreement and the effects of the totalization
agreement on receipts and disbursements under the
social security system; and
``(C) such recommendations as the Comptroller
General determines appropriate.
``(2) Report.--Not later than 1 year after the date of
submission of an initial report regarding a totalization
agreement under subsection (f), the Comptroller General shall
submit to Congress a report setting forth the results of the
evaluation conducted under paragraph (1).
``(3) Data collection.--The Commissioner of Social Security
shall collect and maintain the data necessary for the
Comptroller General of the United States to conduct the
evaluation required by paragraph (1).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to agreements establishing totalization arrangements
entered into under section 233 of the Social Security Act which are
transmitted to Congress on or after January 1, 2007. | Social Security Totalization Agreement Reform Act of 2007 or STAR Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that any agreement to establish a totalization arrangement which is entered into with another country shall enter into force with respect to the United States if (and only if): (1) the President, at least 90 calendar days before the date on which he enters into the agreement, notifies each House of Congress of his intention to enter into it, and promply thereafter publishes notice of such intention in the Federal Register; (2) he transmits the text of such agreement to each House of the Congress; and (3) a joint resolution regarding such agreement has passed both Houses of Congress and been enacted into federal law.
Sets forth procedures for the consideration of such a joint resolution. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on the Future of
the Army Act of 2014''.
SEC. 2. PROHIBITION ON USE OF FISCAL YEAR 2015 FUNDS TO REDUCE END
STRENGTHS OF ARMY PERSONNEL.
None of the funds authorized to be appropriated or otherwise made
available for fiscal year 2015 for the Army may be used to reduce or
prepare to reduce personnel of the Army, including any cancellation of
training, below the authorized fiscal year end strengths for personnel
of the Army as follows:
(1) 450,000 for active duty personnel of the Army.
(2) 345,000 for the Army National Guard.
(3) 195,000 for the Army Reserve.
SEC. 3. LIMITATION ON USE OF FISCAL YEAR 2015 FUNDS FOR TRANSFER OR
DIVESTMENT OF CERTAIN AIRCRAFT ASSIGNED TO THE ARMY
NATIONAL GUARD.
(a) Limitation.--
(1) Aircraft.--None of the funds authorized to be
appropriated or otherwise made available for fiscal year 2015
for the Army may be used to divest, retire, or transfer, or
prepare to divest, retire, or transfer, any AH-64 Apache
aircraft of the Army assigned to units of the Army National
Guard as of January 15, 2014.
(2) Personnel.--None of the funds authorized to be
appropriated or otherwise made available for fiscal year 2015
for the Army may be used to reduce personnel related to any AH-
64 Apache aircraft of the Army National Guard below the levels
of such personnel as of September 30, 2014.
(3) Readiness of aircraft and crews.--The Secretary of the
Army shall ensure the continuing readiness of the AH-64 Apache
aircraft referred to in paragraph (1) and the crews of such
aircraft during fiscal year 2015, including through the
allocation of funds for operation and maintenance and support
of such aircraft and for personnel connected with such aircraft
as described in paragraph (2).
(b) Scope of Limitation.--Nothing in subsection (a) shall be
construed to limit the use of funds described in that subsection for
the training of members of the Army National Guard or Army Reserve who
are pilots of Apache aircraft on any other aircraft.
(c) Exception.--Notwithstanding subsection (a), funds described in
that subsection may be used after the date of the report required by
section 5(b)(3) to prepare for the transfer of not more than 72 AH-64
Apache aircraft from the Army National Guard to the regular Army if the
Secretary of Defense certifies in writing to the congressional defense
committees that such a transfer would not--
(1) degrade the strategic depth or regeneration capacities
of the Army;
(2) degrade the Army National Guard in its role as the
combat reserve of the Army; and
(3) occur before October 1, 2014.
SEC. 4. NATIONAL COMMISSION ON THE FUTURE OF THE ARMY.
(a) Establishment.--There is established the National Commission on
the Future of the Army (in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of eight
members, of whom--
(A) 4 shall be appointed by the President;
(B) 1 shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(C) 1 shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
(D) 1 shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives; and
(E) 1 shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(2) Appointment date.--The appointments of the members of
the Commission shall be made not later than 90 days after the
date of the enactment of this Act.
(3) Effect of lack of appointment by appointment date.--If
1 or more appointments under subparagraph (A) of paragraph (1)
is not made by the appointment date specified in paragraph (2),
the authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be
reduced by the number equal to the number of appointments so
not made. If an appointment under subparagraph (B), (C), (D),
or (E) of paragraph (1) is not made by the appointment date
specified in paragraph (2), the authority to make an
appointment under such subparagraph shall expire, and the
number of members of the Commission shall be reduced by the
number equal to the number otherwise appointable under such
subparagraph.
(4) Expertise.--In making appointments under this
subsection, consideration should be given to individuals with
expertise in reserve forces policy.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Chair and Vice Chair.--The Commission shall select a Chair and
Vice Chair from among its members.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its initial meeting.
(f) Meetings.--The Commission shall meet at the call of the Chair.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(h) Administrative and Procedural Authorities.--The following
provisions of law do not apply to the Commission:
(1) Section 3161 of title 5, United States Code.
(2) The Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 5. DUTIES OF THE COMMISSION.
(a) Study on Structure of the Army.--
(1) In general.--The Commission shall undertake a
comprehensive study of the structure of the Army, and policy
assumptions related to the size and force mixture of the Army,
in order--
(A) to determine the proper size and force mixture
of the regular component of the Army and the reserve
components of the Army, and
(B) to make recommendations on how the structure
should be modified to best fulfill current and
anticipated mission requirements for the Army in a
manner consistent with available resources and
anticipated future resources.
(2) Considerations.--In undertaking the study required by
subsection (a), the Commission shall give particular
consideration to the following:
(A) An evaluation and identification of a structure
for the Army that--
(i) has the depth and scalability to meet
current and anticipated requirements of the
combatant commands;
(ii) achieves a cost-efficiency balance
between the regular and reserve components of
the Army, taking advantage of the unique
strengths and capabilities of each, with a
particular focus on fully burdened and
lifecycle cost of Army personnel;
(iii) ensures that the regular and reserve
components of the Army have the capacity needed
to support current and anticipated homeland
defense and disaster assistance missions in the
United States;
(iv) provides for sufficient numbers of
regular members of the Army to provide a base
of trained personnel from which the personnel
of the reserve components of the Army could be
recruited; and
(v) maximizes and appropriately balances
affordability, efficiency, effectiveness,
capability, and readiness.
(B) An evaluation and identification of force
generation policies for the Army with respect to size
and force mixture in order to best fulfill current and
anticipated mission requirements for the Army in a
manner consistent with available resources and
anticipated future resources, including policies in
connection with--
(i) readiness;
(ii) training;
(iii) equipment;
(iv) personnel; and
(v) maintenance of the reserve components
in an operational state in order to maintain
the level of expertise and experience developed
since September 11, 2001.
(b) Study on Partial Transfer of Certain Aircraft.--
(1) In general.--The Commission shall also conduct a study
of the feasibility and advisability of a partial transfer of
Army National Guard AH-64 Apache aircraft from the Army
National Guard to the regular Army.
(2) Considerations.--In conducting the study required by
paragraph (1), the Commission shall consider the full cost and
cost savings of the Army Aviation Restructuring Initiative as
proposed for fiscal year 2015, including costs associated with
retraining, rebasing, and remissioning.
(3) Interim report.--Not later than 90 days after the
appointment date for members of the Commission specified in
section 4(b)(2), the Commission shall submit to the President
and the congressional defense committees a report setting forth
the results of the study conducted under paragraph (1).
(c) Final Report.--Not later than February 1, 2016, the Commission
shall submit to the President and the congressional defense committees
a report setting forth a detailed statement of the findings and
conclusions of the Commission as a result of the study required by
subsection (a), together with its recommendations for such legislation
and administrative actions as the Commission considers appropriate in
light of the results of the study.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out its duties
under this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out its duties under this Act.
Upon request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chair of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(2) Compensation.--The Chair of the Commission may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 8. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its final report under section 5(c).
SEC. 9. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 10. FUNDING.
Amounts authorized to be appropriated for fiscal year 2015 and
available for operation and maintenance for the Army may be available
for the activities of the Commission under this Act. | National Commission on the Future of the Army Act of 2014 - Prohibits the use of funds made available for FY2015 for the Army to: (1) reduce Army personnel below the authorized fiscal year end strengths of 450,000 for active duty personnel of the Army, 345,000 for the Army National Guard, and 195,000 for the Army Reserve; or (2) divest, retire, or transfer any AH-64 Apache aircraft assigned to units of the Army National Guard as of January 15, 2014, or to reduce related personnel below the levels of such personnel as of September 30, 2014. Directs the Secretary of the Army to ensure the continuing readiness of the AH-64 Apache aircraft and crews during FY2015. Permits the use of such funds, after the Commission established by this Act submits its interim report, to prepare for the transfer of not more than 72 AH-64 Apache aircraft from the Army National Guard to the regular Army if the Secretary of Defense (DOD) certifies that such a transfer would not: (1) degrade the strategic depth or regeneration capacities of the Army, (2) degrade the Army National Guard in its role as the combat reserve of the Army, and (3) occur before October 1, 2014. Establishes the National Commission on the Future of the Army, which shall: (1) undertake a comprehensive study of the structure of the Army and policy assumptions related to its size and force mixture in order to make recommendations on how the structure should be modified to best fulfill mission requirements in a manner consistent with available resources, and (2) submit a final report to the President and the congressional defense committees by February 1, 2016. Directs the Commission to study and submit an interim report on the feasibility and advisability of a partial transfer of Army National Guard AH-64 Apache aircraft from the Army National Guard to the regular Army. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Information
Technology and Privacy Advancement Act of 2007''.
SEC. 2. POLICY AND PURPOSES.
(a) Policy.--Congress declares that it is the policy of the United
States to establish, as expeditiously as practicable, a health
information technology and privacy system, which should--
(1) be responsive to public needs and national objectives;
(2) serve the health care needs of the United States; and
(3) contribute to improved health care quality and lower
costs.
(b) Purposes.--It is the purpose of this Act to--
(1) provide for the establishment of a health information
technology and privacy system through which new and expanded
health care information services will be made available as
promptly as possible in a manner that provides national
coverage at the earliest practicable date;
(2) in carrying out the system described in paragraph (1),
provide technology services to economically less developed
areas as well as those more highly developed, and provide for
the efficient and economical use of health care information and
protect the confidentiality and security of information within
this new technology;
(3) in order to facilitate the development of the system
and provide for the widest possible participation by private
enterprise in the system, establish a private nonprofit
corporation, subject to appropriate Federal regulation, to
administer the system; and
(4) ensure that--
(A) all authorized users of the system have
nondiscriminatory access to the system;
(B) effective competition be maintained in the
provision of equipment and services utilized by the
system;
(C) the corporation established under this Act is
organized and operated so as to maintain and strengthen
competition in the provision of health information
services to the public; and
(D) the activities of the corporation and of the
persons or companies participating in the ownership of
the corporation is consistent with the Federal
antitrust laws.
(c) Limitation.--Congress declares that it is not the policy of
this Act to preclude the private development of health information
technologies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authorized health insurers.--The term ``authorized
health insurers'' means health insurance issuers (as defined in
section 2791 of the Public Health Service Act) and includes
payors for services provided under titles XVIII and XIX of the
Social Security Act (42 U.S.C. 1395 and 1396 et seq.).
(2) Authorized providers.--The term ``authorized
providers'' means duly licensed or certified health care
providers.
(3) Corporation.--The term ``corporation'' means the
corporation authorized by section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) System.--The term ``system'' means the system of health
information and technology established under this Act, with
secure retention and sharing among authorized providers, who
have access to analytic support to identify and enhance areas
where improved quality of care may lower cost, and result in
reimbursement rates that can better reflect optimal health care
delivery.
SEC. 4. FEDERAL COORDINATION, PLANNING, AND REGULATION.
(a) Actions by the Secretary.--In order to achieve the policy and
carry out the purposes of this Act, the Secretary shall--
(1) provide Federal governmental assistance in the planning
and development, and provide for the implementation of, a
national program for the establishment and operation, as
expeditiously as possible, of a national health information
technology and privacy system;
(2) provide for the continuous review of all phases of the
development and operation of the system, including the
activities of the corporation;
(3) provide for the coordination of the activities of
Federal agencies with responsibilities relating to health care
information technology, so as to ensure that there is a full
and effective compliance at all times with the policies and
procedures established under this Act;
(4) exercise such supervision over the relationship of the
corporation with State and local entities or other entities as
may be appropriate to ensure that such relationships shall be
consistent with the national interest and policy of the United
States as expressed in this Act;
(5) ensure that timely arrangements are made under which
there can be national participation in the establishment and
use of the system; and
(6) provide for incentives for physicians to engage in
electronic patient-provider interactions.
(b) Other Federal Agencies.--The Administrator of the Centers for
Medicare & Medicaid Services, the National Coordinator for Health
Information Technology, the Director of the National Institutes of
Health, the chief executive officer of the Veterans Health
Administration, and the heads of other relevant Federal agencies,
shall, upon request of the corporation--
(1) provide advice to the corporation concerning the
technical characteristics of the system;
(2) provide assistance to the corporation in the conduct of
research and development activities relating to the system,
including by furnishing to the corporation, upon request, on a
reimbursable basis, such services as determined necessary for
the most expeditious and economical development of the system;
and
(3) to the extent feasible, furnish other services, on a
reimbursable basis, to the corporation in connection with the
establishment and operation of the system.
(c) Actions by the Corporation.--The corporation shall--
(1) develop plans for the technical specifications of all
elements of the system, pursuant to the activities described
under section 5(f);
(2) ensure effective competition, including the use of
competitive bidding where appropriate, in the procurement by
the corporation of apparatus, equipment, and services required
for the establishment and operation of the system;
(3) ensure that eligible health care providers have
equitable and nondiscriminatory access to--
(A) the system in a manner that provides for the
payment of reasonable assessment for such use
consistent with the ability to pay and the savings and
benefits to be anticipated;
(B) relevant classifications, practices,
regulations, and other terms and conditions relating to
the use of the system; and
(C) available facilities of the system pursuant to
regulations relating to the allocation of such
facilities among the users thereof;
(4) ensure that the facilities of the system are
technically compatible and operationally interconnected with
each other and facilitate interoperability among health
information systems;
(5) prescribe such accounting regulations and systems and,
after public hearing and deliberation, engage in such
ratemaking procedures as will ensure that any savings made
possible by the system are appropriately reflected in rates for
access to system services, by license or otherwise for those
who utilize or benefit from the system, including the health
insurance industry;
(6) obtain the approval of the Secretary for the
implementation of technical and privacy protection
characteristics relating to the operation of the system;
(7) authorize, construct, and operate such system
facilities, networks, and programs as will best serve the
public interest, convenience, and necessity, as determined
after consultation with the Secretary; and
(8) to the extent feasible, ensure that the system is
compatible and interoperable with pre-existing health
information technology equipment and systems.
(d) Office of the National Coordinator for Health Information
Technology.--
(1) In general.--There is established within the Office of
the Secretary of Health and Human Services an Office of the
National Coordinator for Health Information Technology. The
Office shall be headed by a National Coordinator appointed by
the President, in consultation with the Secretary of Health and
Human Services. The National Coordinator shall report directly
to the Secretary.
(2) Rule of construction.--Nothing in this subsection shall
be construed as requiring the duplication of Federal efforts
with respect to the establishment of the Office of the National
Coordinator for Health Information Technology, regardless of
whether such efforts are carried out before or after the date
of the enactment of this Act.
SEC. 5. NATIONAL CORPORATION FOR HEALTH INFORMATION TECHNOLOGY AND
PRIVACY.
(a) Establishment.--There is authorized to be established a
nonprofit national health information technology and privacy
corporation which shall not be an agency or establishment of the United
States. The corporation shall be subject to the provisions of this Act.
(b) Incorporation.--Not later than 180 days after the date of
enactment of this Act, the President, by and with the advice and
consent of the Senate, shall appoint 9 incorporators of the corporation
who shall serve as the initial board of directors until their
successors are elected in accordance with subsection (c). Such
incorporators shall take whatever actions are necessary to establish
the corporation, including the filing of articles of incorporation, as
approved by the President.
(c) Board of Directors.--
(1) In general.--The corporation shall have a bipartisan
board of directors that shall consist of 9 individuals who
shall be citizens of the United States and be appointed by the
President, by and with the advice and consent of the Senate.
(2) Terms.--The terms of service of the members of the
board of directors shall be 3 years or until such time as their
successors have been appointed, except that of the first 9
members of the board appointed under subsection (b), 3 each
shall serve for terms of 3, 4, and 5 years, respectively as
designated by the President. Any member of the board appointed
to fill a vacancy shall be appointed only for the unexpired
term of the member which he or she is succeeding. A member may
not serve consecutive terms.
(3) Chairperson.--The members of the board of directors of
the corporation shall at its first meeting and annually
thereafter elect a member to serve as the chairperson of the
board.
(d) Chief Privacy Officer and Other Officers.--
(1) Chief privacy officer.--
(A) In general.--The president of the Corporation,
in consultation with the board of directors, shall
appoint a chief privacy officer of the corporation to
ensure the confidentiality and security of patient
medical records.
(B) Duties.--The chief privacy officer of the
corporation shall--
(i) ensure that the use of technologies by
the corporation sustain, and do not erode,
privacy protections relating to the use,
collection, and disclosure of personal
information;
(ii) ensure that personal information
contained in any records maintained as part of
the technology and privacy system is maintained
in full compliance with fair information
practices as contained in the Privacy Act of
1974;
(iii) evaluate legislative and regulatory
proposals involving the collection, use, and
disclosure of personal information by the
Federal Government;
(iv) Conduct a privacy impact assessment of
proposed rules and procedures of the
corporation on the privacy of personal
information, including the type of personal
information collected and the number of
individuals affected; and
(v) submit annually to Congress a report on
activities of the corporation that affect
privacy.
(2) Other officers.--The corporation shall have a
president, and such other officers as may be appointed by the
board of directors, who shall be compensated at rates fixed by
the board and serve at the pleasure of the board. No officer of
the corporation shall receive any salary from any source other
than the corporation during the period of employment by the
corporation.
(e) Financing.--The corporation is authorized to issue bonds,
debentures, and such other financings or certificates of indebtedness
as the board of directors determines appropriate to carry out its
duties under this Act.
(f) Authorized Activities.--
(1) General activities.--In order to achieve the objectives
and to carry out the purposes of this Act, the corporation is
authorized to--
(A) plan, initiate, construct, own, manage, and
operate itself or in conjunction with State and local
governments or business entities, a national health
information technology and privacy system;
(B) furnish, for fees where appropriate and subject
to licenses and confidentiality and security
requirements, access to individuals, and to authorized
providers and payers of health care services;
(C) specify rules for allowing access (in
accordance with applicable privacy laws) to
nonidentifiable health care data for public health and
research purposes; and
(D) own and operate such facilities as may be
required to achieve the purposes of this Act.
(2) Other activities.--In addition to the activities
authorized under paragraph (1), the corporation, to accomplish
the purposes of this Act, may--
(A) conduct, or enter into contracts for the
conduct of, research and development activities related
to the mission of the corporation;
(B) acquire the physical facilities, equipment, and
devices necessary for the operations of the
corporation, including health information technologies
and associated equipment and facilities, whether by
construction, purchase, or gift;
(C) purchase or otherwise acquire health
information and related services from the United States
Government; and
(D) enter into contracts with authorized users of
health information, including the United States
Government, for the use of the services of the system.
SEC. 6. BUSINESS PLAN AND ANNUAL REPORT.
(a) Business Plan.--Not later than 6 months after the date on which
the corporation is incorporated under section 5, the corporation shall
file with the President and Congress its initial business plan.
(b) Annual Report.--Not later than 1 year after the date on which
the corporation is incorporated under section 5, and each January 1
thereafter, the corporation shall prepare and submit to Congress a
report that shall include a comprehensive description of the activities
and accomplishments during the year for which the report is prepared
under this Act, together with an evaluation of such activities and
accomplishments in terms of the attainment of the purposes of this Act.
Each such report shall include any recommendations of the corporation
for additional legislative or other action which the corporation may
consider necessary or desirable for the attainment of such objectives.
(c) Audits.--The corporation shall be subject to such external
audits as may be determined appropriate by the Secretary.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for each of fiscal years 2008 through
2017. | National Health Information Technology and Privacy Advancement Act of 2007 - Requires the Secretary of Health and Human Services to: (1) provide federal governmental assistance to the planning and development of, and provide for the implementation of, a national program for the establishment and operation of a national health information technology and privacy system; (2) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; and (3) provide for incentives for physicians to engage in electronic patient-provider interactions.
Establishes the Office of the National Coordinator for Health Information Technology.
Authorizes the establishment of a nonprofit national health information technology and privacy corporation to: (1) plan, initiate, construct, own, manage, and operate a national health information technology and privacy system; (2) furnish access to individuals and to authorized providers and payers of health care services; and (3) specify rules for allowing access to non-identifiable health care data for public health and research purposes. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Dangerous Oil Cars and
Ensuring Community Safety Act''.
SEC. 2. RETROFITTING OR PHASING-OUT CERTAIN TANK CARS.
Section 20155 of title 49, United States Code, is amended to read
as follows:
``Sec. 20155. Tank cars
``(a) Retrofitting Requirement.--A rail carrier may not ship any
hazardous material in any DOT-111 or non-jacketed CPC-1232 tank car on
or after the applicable deadline set forth in subsection (b) unless the
tank car has been retrofitted in accordance with the DOT-117
specification design established by the May 2015 final rule for the
safe transportation of flammable liquids by rail.
``(b) Deadlines.--The deadlines set forth in this subsection are as
follows:
``(1) For non-jacketed DOT-111 tank cars carrying materials
in Packing Group I, January 1, 2017.
``(2) For jacketed DOT-111 tank cars carrying materials in
Packing Group I or II and non-jacketed DOT-111 tank cars
carrying materials in Packing Group II, May, 1, 2017.
``(3) For non-jacketed CPC-1232 tank cars carrying
materials in Packing Group I, May 1, 2018.
``(4) For non-jacketed CPC-1232 tank cars carrying
materials in Packing Group II, May 1, 2019.
``(5) For jacketed CPC-1232 tank cars carrying materials in
Packing Group I or II and all tank cars carrying materials in
Packing Group III, May 1, 2020.
``(c) Definitions.--In this section, the terms `Packing Group I',
`Packing Group II', and `Packing Group III' have the meanings given
such terms in section 173.127(b) of title 49, Code of Federal
Regulations.''.
SEC. 3. CRUDE OIL STABILITY REQUIREMENT.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by inserting after section 5110 the following:
``Sec. 5111. Crude oil volatility standard
``Not later than 1 year after the date of the enactment of the
Eliminating Dangerous Oil Cars and Ensuring Community Safety Act, the
Secretary of Transportation, in consultation with the Administrator of
the Pipeline and Hazardous Materials Safety Administration, shall
establish and begin enforcing a national maximum volatility standard
for the transport of crude oil by rail or by barge.''.
(b) Clerical Amendment.--Chapter 51 of such title is amended by
inserting after the item relating to section 5110 the following:
``5111. Crude oil volatility standard.''.
SEC. 4. SPEED RESTRICTIONS FOR TRAINS WITH TANK CARS THAT DO NOT COMPLY
WITH FEDERAL SAFETY STANDARDS.
(a) DOT-111 Tank Cars.--Any train carrying more than 10 cars,
including at least 1 DOT-111 tank car carrying a hazardous material
that has not been retrofitted in accordance with the DOT-117
specification design established by the May 2015 final rule for the
safe transportation of flammable liquids by rail, may not be operated
at a speed greater than 40 miles per hour while traveling through a
county (or county equivalent) that has a population density of greater
than 20 persons per square mile, as determined in the most recent
decennial census.
(b) Unjacketed CPC-1232 Tank Cars.--Beginning on the date that is 2
years after the date of the enactment of this Act, any train carrying
more than 10 cars, including at least 1 non-jacketed CPC-1232 tank car
carrying a hazardous material that has not been retrofitted in
accordance with the DOT-117 specification design established by the May
2015 final rule for the safe transportation of flammable liquids by
rail, may not be operated at a speed greater than 40 miles per hour
while traveling through a county (or county equivalent) that has a
population density of greater than 20 persons per square mile, as
determined in the most recent decennial census.
SEC. 5. INSPECTIONS.
In addition to the track inspections required under sections
213.233 and 213.237 of title 49, Code of Federal Regulations, as of the
date of the enactment of this Act, each rail carrier shall conduct, on
main line routes that the rail carrier owns or has been assigned
maintenance responsibility under section 213.5 of such title, and over
which 1 or more high-hazard flammable trains are operated--
(1) 2 additional inspections for internal defects of all
rail in Classes 3, 4, and 5 for every 40,000,000 gross tons
transported on such lines, or annually, whichever interval is
shorter; and
(2) 4 track geometry inspections each calendar year.
SEC. 6. POSITIVE TRAIN CONTROL REQUIREMENT.
Chapter 201 of title 49, United States Code, is amended--
(1) by striking section 20150; and
(2) in section 20157--
(A) by redesignating subsection (i) as subsection
(j); and
(B) by inserting after subsection (h) the
following:
``(i) Trains That Carry Crude Oil or Ethanol.--Beginning on
December 1, 2018, each rail line over which tank cars carrying crude
oil or ethanol travel shall be equipped with a positive train control
system.''.
SEC. 7. OIL SPILL RESPONSE PLANS.
(a) Requirement.--Chapter 209 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 20904. Oil spill response plans
``(a) Comprehensive Oil Spill Response Plans.--Each rail carrier
that transports crude oil, petroleum, or other hazardous products by
rail shall develop comprehensive oil spill response plans, in
accordance with part 130 of title 49, Code of Federal Regulations.
``(b) Response Plan Audit Program.--The Administrator of the
Federal Railroad Administration shall develop a program to audit
response plans for rail carriers of crude oil, petroleum, and other
hazardous products to ensure that such plans include comprehensive
procedures for--
``(1) preventing or mitigating a substantial threat of a
worst-case discharge of such products resulting from a rail
accident or incident; and
``(2) responding to and cleaning up such a discharge.''.
(b) Rulemaking.--The Administrator of the Pipeline and Hazardous
Materials Safety Administration, in consultation with the Administrator
of the Federal Railroad Administration, shall update the regulations
contained in part 130 of title 49, Code of Federal Regulations, by
revising the spill response planning thresholds to require
comprehensive response plans to effectively provide for the carrier's
ability to respond to worst-case discharges resulting from accidents
involving unit trains or blocks of tank cars transporting oil and
petroleum products.
(c) Clerical Amendment.--The table of sections in chapter 209 of
title 49, United States Code, is amended by adding at the end the
following:
``20904. Oil spill response plans.''.
SEC. 8. REPORTING REQUIREMENTS.
(a) Close Call Reporting Systems.--Section 20901 of title 49,
United States Code, is amended by adding at the end the following:
``(c) Close Call Reporting System.--Each rail carrier shall
establish a system through which employees may anonymously report
circumstances or incidents that endanger the safety of railroad
operations.''.
(b) Derailment Reporting Requirement.--Section 20901 of such title,
as amended by subsection (a), is further amended by adding at the end
the following:
``(d) Derailment Reporting Requirements.--
``(1) Defined term.--In this subsection, the term `high
hazard flammable train' means a train comprised of more than 10
loaded tank cars of a Class 3 flammable liquid.
``(2) Immediate notification.--Immediately after the
derailment of any high hazard flammable train operated by a
rail carrier, the rail carrier shall provide the Federal
Railroad Administration and the county emergency management
contact (or equivalent) in the county in which the train
derailed with--
``(A) information about the train, including--
``(i) the train number;
``(ii) the models of locomotive attached to
the train;
``(iii) end-of-train device information;
``(iv) the number and position of tank cars
in the train;
``(v) tank car reporting marks; and
``(vi) tank car specifications and relevant
attributes, including information related to
thermal protection, shell and head thickness,
steel specification and grade, head shield, and
pressure relief valve setting;
``(B) information contained on the waybill,
including the origin and destination of the train, the
goods being transported, and the name and contact
information for consignors of such goods;
``(C)(i) the safety data sheet for each hazardous
chemical being transported by the train, as required
under section 1910.1200(g) of title 29, Code of Federal
Regulations; or
``(ii) any other documents used to provide
comprehensive emergency response and incident
mitigation information for Class 3 flammable liquids.
``(3) Subsequent notification.--Not later than 90 minutes
after the derailment of any high hazard flammable train
operated by a rail carrier, the rail carrier shall provide the
Federal Railroad Administration with--
``(A) the results of any product testing undertaken
before transportation that was used to properly
characterize the Class 3 flammable liquids for
transportation;
``(B) the results from any analysis of product
samples taken before being offered into transportation
from tank cars involved in the derailment;
``(C) if a flammable liquid is involved in the
derailment, the type of liquid and the name and
location of the company extracting the material;
``(D) the identification of the company that
conducted the initial testing of the material,
including sampling and analysis;
``(E) the name and location of the company
transporting the material from the well head to the
loading facility or terminal;
``(F) the name and location of the company that
owns and that operates the terminal or loading facility
that loaded the product for rail transportation;
``(G) the name of the railroads handling the tank
cars at any time from point of origin to destination;
and
``(H) a timeline of handling changes between
railroads.''. | Eliminating Dangerous Oil Cars and Ensuring Community Safety Act This bill replaces general requirements for design standards of the Federal Railroad Administration (FRA) for pressurized tank cars with a retrofitting requirement for certain tank cars. No rail carrier may ship on or after a specified deadline any hazardous material (hazmat) in any tank car under DOT-111 (Department of Transportation specification for a non-pressurized rail tank car) or non-jacketed Casualty Prevention Circular (CPC)-1232 (new rail tank car standards for transporting crude oil or ethanol), unless the tank car has been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail. DOT shall establish and begin enforcing a national maximum volatility standard for the transport of crude oil by rail or by barge. The bill sets a maximum speed for any train carrying more than 10 cars, including at least one hazmat-carrying DOT-111 or unjacketed CPC-1232 tank car that has not been so retrofitted, of 40 miles per hour while traveling through a county (or county equivalent) with a population density of greater than 20 persons per square mile. In addition to certain other required track inspections, each rail carrier shall conduct, on main line routes it owns or for which it has been assigned maintenance responsibility, and over which 1 or more high-hazard flammable trains are operated: 2 additional inspections for internal defects of all rail in Classes 3, 4, and 5 for every 40,000,000 gross tons transported on such lines, or annually, whichever interval is shorter; and 4 track geometry inspections each calendar year. Beginning on December 1, 2018, each rail line over which tank cars carrying crude oil or ethanol travel shall be equipped with a positive train control system. Each rail carrier that transports crude oil, petroleum, or other hazardous products by rail shall develop comprehensive oil spill response plans. The FRA shall develop a program to audit such response plans to ensure that they include comprehensive procedures for: preventing or mitigating a substantial threat of a worst-case discharge of such products resulting from a rail accident or incident, and responding to and cleaning up such a discharge. The Pipeline and Hazardous Materials Safety Administration shall revise specified spill response planning thresholds to require comprehensive response plans to effectively provide for a carrier's ability to respond to worst-case discharges resulting from accidents involving unit trains or blocks of tank cars transporting oil and petroleum products. Each rail carrier shall: establish a system through which employees may anonymously report circumstances or incidents that endanger the safety of railroad operations, and provide specified information to the FRA and the county emergency management contact (or equivalent) immediately after the derailment of any high hazard flammable train the carrier operates. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in Rural Small Business Act
of 2017''.
SEC. 2. FLEXIBILITY FOR RESIDENCY IN HUBZONES.
Section 3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C.
632(p)(5)(A)(i)(I)) is amended by striking ``35 percent'' each place
that term appears and inserting ``33 percent''.
SEC. 3. ENABLING LOCAL COMMUNITIES TO MAXIMIZE ECONOMIC POTENTIAL.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 3(p)(1) (15 U.S.C. 632(p)(1))--
(A) in subparagraph (E), by striking ``or'' at the
end;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) another qualified area designated by the
Administrator under section 31(d); or''; and
(2) in section 31 (15 U.S.C. 657a)--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the
following:
``(d) Other Qualified Areas.--
``(1) Definitions.--In this subsection--
``(A) the term `covered area' means an area in a
State--
``(i) that is located outside of an
urbanized area, as determined by the Bureau of
the Census; and
``(ii) with a population of not more than
50,000;
``(B) the term `governor' means the chief executive
of a State; and
``(C) the term `State' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, and American Samoa.
``(2) Designation.--A governor may petition the
Administrator to designate one or more covered areas as a
HUBZone if the average unemployment rate of each covered area
for which the designation is sought is not less than 120
percent of the average unemployment rate of the United States
or of the State in which the covered area is located, whichever
is less, based on the most recent data available from the
American Community Survey conducted by the Bureau of the
Census.
``(3) Criteria.--In reviewing a petition submitted by a
governor under paragraph (2), the Administrator may consider--
``(A) the potential for job creation and
investment;
``(B) the demonstrated interest of small business
concerns in the covered area to participate in the
HUBZone program established under this section 31; and
``(C) the consideration by State and local
government officials of a HUBZone as part of an
economic development strategy.
``(4) Petition.--With respect to a petition submitted by a
governor to the Administrator under paragraph (2)--
``(A) the governor may submit not more than 1
petition in a fiscal year unless the Administrator
determines that an additional petition from the State
of the governor is appropriate;
``(B) the governor may not submit a petition for
more than 10 percent of the total number of covered
areas in the State of the governor; and
``(C) if the Administrator grants the petition and
designates one or more covered areas as a HUBZone, the
governor shall, not less frequently than annually,
submit data to the Administrator certifying that each
covered area designated by the Administrator continues
to meet the requirements of clauses (i) and (ii) of
paragraph (1)(A).
``(5) Process.--The Administrator shall establish
procedures--
``(A) to ensure that the Administration accepts
petitions under paragraph (2) from all States each
fiscal year; and
``(B) to provide technical assistance, before the
filing of a petition under paragraph (2), to a governor
who is interested in filing such a petition.''.
SEC. 4. ENSURING TIMELY CONSIDERATION OF HUBZONE APPLICATIONS.
Section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is
amended by adding at the end the following:
``(C) Review of applications.--Not later than 60
days after the date on which the Administrator receives
an application from a small business concern to be
certified as a qualified HUBZone small business concern
under subparagraph (A)(i), the Administrator shall
approve or deny the application.''. | Invest in Rural Small Business Act of 2017 (Sec. 2) This bill amends the Small Business Act to modify the definition of qualified Historically Underutilized Business Zone (HUBZone) small business concern to reduce from 35% to 33% the number of a small firm's employees required to live within a HUBZone. (Sec. 3) The HUBZone program is expanded to include a qualified area located outside of an urbanized area with a population of 50,000 or less (covered area) designated by the Small Business Administration (SBA) in response to a petition by the governor of a state, the District of Columbia, or a U.S. territory. The SBA may designate, in response to a governor's petition, only a covered area for which the designation is sought that has an average unemployment rate at least 120% of the average U.S. or state unemployment rate, whichever is less. In reviewing such petition, the SBA may consider: the potential for job creation and investment; the demonstrated interest of small business concerns in the covered area to participate in such HUBZone program; and the consideration by state and local government officials of a HUBZone as part of an economic development strategy. The governor: is limited to submitting one petition in a fiscal year unless the SBA determines that an additional petition from the governor's state is appropriate; may not submit a petition for more than 10% of the total number of covered areas in the state; and shall at least annually submit data to the SBA certifying that each covered area designated continues to meet the requirements of this bill. The SBA shall establish procedures to ensure that it accepts petitions from all states each fiscal year and gives an interested governor technical assistance before a petition is filed. (Sec. 4) The SBA must approve or deny, within 60 days upon receipt, a small business concern's application for certification as a qualified HUBZone small business concern. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Rail Line Relocation
Assistance Act of 2001''.
SEC. 2. RAIL LINE RELOCATION GRANT PROGRAM.
(a) Establishment.--
(1) Authority.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 206 the following:
``Sec. 207. Capital grants for rail line relocation projects
``(a) Establishment of Program.--The Secretary shall carry out a
grant program to provide financial assistance for local rail line
relocation projects.
``(b) Eligibility.--A State is eligible for a grant under this
section for any project for the improvement of the route or structure
of a rail line passing through a municipality of the State that--
``(1) is carried out for the purpose of mitigating the
adverse effects of rail traffic on safety, motor vehicle
traffic flow, or economic development in the municipality;
``(2) involves a lateral or vertical relocation of any
portion of the rail line within the municipality to avoid a
closing of a grade crossing or the construction of a road
underpass or overpass; and
``(3) meets the costs-benefits requirement set forth in
subsection (c).
``(c) Costs-Benefits Requirement.--A grant may be awarded under
this section for a project for the relocation of a rail line only if
the benefits of the project for the period equal to the estimated
economic life of the relocated rail line exceed the costs of the
project for that period, as determined by the Secretary considering the
following factors:
``(1) The effects of the rail line and the rail traffic on
motor vehicle and pedestrian traffic, safety, and area commerce
if the rail line were not so relocated.
``(2) The effects of the rail line, relocated as proposed,
on motor vehicle and pedestrian traffic, safety, and area
commerce.
``(3) The effects of the rail line, relocated as proposed,
on the freight and passenger rail operations on the rail line.
``(d) Considerations for Approval of Grant Applications.--In
addition to considering the relationship of benefits to costs in
determining whether to award a grant to an eligible State under this
section, the Secretary shall consider the following factors:
``(1) The capability of the State to fund the rail line
relocation project without Federal grant funding.
``(2) The requirement and limitation relating to allocation
of grant funds provided in subsection (e).
``(3) Equitable treatment of the various regions of the
United States.
``(e) Allocation Requirements.--
``(1) Projects under $20,000,000.--At least 50 percent of
all grant funds awarded under this section out of funds
appropriated for a fiscal year shall be provided for rail line
relocation projects that have an estimated project cost of less
than $20,000,000 each.
``(2) Limitation per project.--Not more than 25 percent of
the total amount available for carrying out this section for a
fiscal year may be provided for any one project in that fiscal
year.
``(f) Federal Share.--The total amount of a grant awarded under
this section for a rail line relocation project shall be 90 percent of
the shared costs of the project, as determined under subsection (g)(4).
``(g) State Share.--
``(1) Percentage.--A State shall pay 10 percent of the
shared costs of a project that is funded in part by a grant
awarded under this section.
``(2) Forms of contributions.--The share required by
paragraph (1) may be paid in cash or in kind.
``(3) In-kind contributions.--The in-kind contributions
that are permitted to be counted under paragraph (2) for a
project for a State are as follows:
``(A) A contribution of real property or tangible
personal property (whether provided by the State or a
person for the State).
``(B) A contribution of the services of employees
of the State, calculated on the basis of costs incurred
by the State for the pay and benefits of the employees,
but excluding overhead and general administrative
costs.
``(C) A payment of any costs that were incurred for
the project before the filing of an application for a
grant for the project under this section, and any in-
kind contributions that were made for the project
before the filing of the application, if and to the
extent that the costs were incurred or in-kind
contributions were made, as the case may be, to comply
with a provision of a statute required to be satisfied
in order to carry out the project.
``(4) Costs not shared.--
``(A) In general.--For the purposes of subsection
(f) and this subsection, the shared costs of a project
in a municipality do not include any cost that is
defrayed with any funds or in-kind contribution that a
source other than the municipality makes available for
the use of the municipality without imposing at least
one of the following conditions:
``(i) The condition that the municipality
use the funds or contribution only for the
project.
``(ii) The condition that the availability
of the funds or contribution to the
municipality is contingent on the execution of
the project.
``(B) Determinations of the secretary.--The
Secretary shall determine the amount of the costs, if
any, that are not shared costs under this paragraph and
the total amount of the shared costs. A determination
of the Secretary shall be final.
``(h) Multistate Agreements To Combine Amounts.--Two or
more States (not including political subdivisions of States)
may, pursuant to an agreement entered into by the States,
combine any part of the amounts provided through grants for a
project under this section if--
``(1) the project will benefit each of the States
entering into the agreement; and
``(2) the agreement is not a violation of a law of
any such State.
``(i) Regulations.--The Secretary shall prescribe regulations for
carrying out this section.
``(j) State Defined.--In this section, the term `State' includes,
except as otherwise specifically provided, a political subdivision of a
State.
``(k) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated from the general fund of the Treasury for carrying
out this section for fiscal years and in amounts as follows:
``(1) For fiscal year 2001, $250,000,000.
``(2) For fiscal year 2002, $500,000,000.
``(3) For fiscal year 2003, $500,000,000.
``(4) For fiscal year 2004, $500,000,000.
``(5) For fiscal year 2005, $500,000,000.
``(6) For fiscal year 2006, $500,000,000.''.
(2) Table of sections.--The table of sections at the
beginning of chapter 2 of title 23, United States Code, is
amended by inserting after the item relating to section 206 the
following:
``207. Capital grants for rail line relocation projects.''.
(b) Regulations.--
(1) Interim regulations.--Not later than December 31, 2001,
the Secretary of Transportation shall issue temporary
regulations to implement the grant program under section 207 of
title 23, United States Code, as added by subsection (a).
Subchapter II of chapter 5 of title 5, United States Code,
shall not apply to the issuance of a temporary regulation under
this paragraph or of any amendment of such a temporary
regulation.
(2) Final regulations.--Not later than October 1, 2002, the
Secretary shall issue final regulations implementing the
program. | Community Rail Line Relocation Assistance Act of 2001 - Amends Federal highway law to direct the Secretary of Transportation to carry out a grant program to provide financial assistance to States for up to 90 percent of the cost of local rail line relocation projects. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Broadband and
Emerging Information Technology Enhancement Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to a report by the Federal Communications
Commission entitled ``Connecting America: The National
Broadband Plan'', dated March 2010, the Commission recommends
that--
(A) ``To fully implement next-generation technology
within its operations, the SBA should also appoint a
broadband and emerging IT coordinator. This individual
would ensure that SBA programs maintain the requisite
broadband expertise, tools and training courses to
serve small businesses.'';
(B) ``Congress should consider ways to leverage
existing assistance provided through'' entrepreneurial
development programs, ``to focus training on advanced
IT and broadband applications'';
(C) ``Congress could also consider ways to support
technology training among women entrepreneurs through''
women's business centers;
(D) ``The training programs should include an
entry-level `Broadband 101' course to give small
businesses an introduction to how to capitalize on
broadband connectivity, as well as more advanced
applications for IT staff.''; and
(E) small- and medium-enterprise ``IT training
should include resources for non-IT staff, such as how
to use e-commerce tools for sales, streamline finance
with online records or leverage knowledge management
across an organization.''.
(2) According to a report by the Broadband Opportunity
Council, dated August 20, 2015, the availability of and access
to broadband technology enables--
(A) greater civic participation, by providing tools
for open government and streamlining government
process;
(B) changes in how people access educational
resources, collaborate in the educational process,
conduct research, and continue to learn anytime,
anyplace, and at any pace;
(C) improved healthcare access, treatments, and
information;
(D) new business models that create business
efficiencies, drive job creation, and connect
manufacturers and store-fronts to clients and partners
worldwide; and
(E) bringing communities together and improvements
to public safety, creating a greener planet, and make
transportation systems more resilient and efficient.
(3) According to a report entitled ``The State of the App
Economy'', dated October 2014--
(A) ``More than three-quarters of the highest
grossing apps are produced by startups and small
companies.''; and
(B) ``Seventy-eight percent of the leading app
companies are located outside Silicon Valley.''.
(4) According to a report entitled, ``Developer Economics
Q1 2015: State of the Developer Nation'', dated February 2015,
``The emergence of the app industry over the past eight years
has grown to a $120 billion economy.''.
SEC. 3. BROADBAND AND EMERGING INFORMATION TECHNOLOGY COORDINATOR.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 47 as section 48; and
(2) by inserting after section 46 the following:
``SEC. 47. BROADBAND AND EMERGING INFORMATION TECHNOLOGY.
``(a) Definitions.--In this section--
``(1) the term `Associate Administrator' means the
Associate Administrator for the Office of Investment and
Innovation; and
``(2) the term `broadband and emerging information
technology coordinator' means the employee designated to carry
out the broadband and emerging information technology
coordination responsibilities of the Administration under
subsection (b)(1).
``(b) Assignment of Coordinator.--
``(1) Assignment of coordinator.--The Associate
Administrator shall designate a senior employee of the Office
of Investment and Innovation to serve as the broadband and
emerging information technology coordinator, who--
``(A) shall report to the Associate Administrator;
``(B) shall work in coordination with--
``(i) the chief information officer, the
chief technology officer, and the head of the
Office of Technology of the Administration; and
``(ii) any other Associate Administrator of
the Administration determined appropriate by
the Associate Administrator;
``(C) has experience developing and implementing
telecommunications policy in the private sector or
government; and
``(D) has demonstrated significant experience in
the area of broadband or emerging information
technology.
``(2) Responsibilities of coordinator.--The broadband and
emerging information technology coordinator shall--
``(A) coordinate programs of the Administration
that assist small business concerns in adopting, making
innovations in, and using broadband and other emerging
information technologies;
``(B) serve as the primary liaison of the
Administration to other Federal agencies involved in
broadband and emerging information technology policy,
including the Department of Commerce, the Department of
Agriculture, and the Federal Communications Commission;
``(C) identify best practices relating to broadband
and emerging information technology that may benefit
small business concerns; and
``(D) identify and catalog tools and training
available through the resource partners of the
Administration that assist small business concerns in
adopting, making innovations in, and using broadband
and emerging technologies.
``(3) Travel.--Not more than 20 percent of the hours of
service by the broadband and emerging information technology
coordinator during any fiscal year shall consist of travel
outside the United States to perform official duties.
``(c) Broadband and Emerging Technology Training.--
``(1) Training.--The Associate Administrator shall provide
to employees of the Administration training that--
``(A) familiarizes employees of the Administration
with broadband and other emerging information
technologies;
``(B) includes--
``(i) instruction on counseling small
business concerns regarding adopting, making
innovations in, and using broadband and other
emerging information technologies; and
``(ii) information on programs of the
Federal Government that provide assistance to
small business concerns relating to broadband
and emerging information technologies; and
``(C) to the maximum extent practicable, uses the
tools and training cataloged and identified under
subsection (b)(2)(D).
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(d) Reports.--
``(1) Biennial report on activities.--Not later than 2
years after the date on which the Associate Administrator makes
the first designation of an employee under subsection (b), and
every 2 years thereafter, the broadband and emerging
information technology coordinator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report regarding the programs and activities
of the Administration relating to broadband and other emerging
information technologies.
``(2) Impact of broadband speed and price on small
businesses.--
``(A) In general.--Subject to appropriations, the
Chief Counsel for Advocacy shall conduct a study
evaluating the impact of broadband speed and price on
small business concerns.
``(B) Report.--Not later than 3 years after the
date of enactment of the Small Business Broadband and
Emerging Information Technology Enhancement Act of
2015, the Chief Counsel for Advocacy shall submit to
the Committee on Commerce, Science, and Transportation
and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Energy and Commerce and the Committee on Small Business
of the House of Representatives a report on the results
of the study under subparagraph (A), including--
``(i) a survey of broadband speeds
available to small business concerns;
``(ii) a survey of the cost of broadband
speeds available to small business concerns;
``(iii) a survey of the type of broadband
technology used by small business concerns; and
``(iv) any policy recommendations that may
improve the access of small business concerns
to comparable broadband services at comparable
rates in all regions of the United States.''.
SEC. 4. ENTREPRENEURIAL DEVELOPMENT.
Section 21(c)(3)(B) of the Small Business Act (15 U.S.C.
648(c)(3)(B)) is amended--
(1) in the matter preceding clause (i), by inserting
``accessing broadband and other emerging information
technology,'' after ``technology transfer,'';
(2) in clause (ii), by striking ``and'' at the end;
(3) in clause (iii), by adding ``and'' at the end; and
(4) by adding at the end the following:
``(iv) increasing the competitiveness and
productivity of small business concerns by assisting
entrepreneurs in accessing broadband and other emerging
information technology;''. | Small Business Broadband and Emerging Information Technology Enhancement Act of 2015 This bill amends the Small Business Act to direct the Small Business Administration (SBA) Office of Investment and Innovation to designate a senior employee to serve as the broadband and emerging information technology (BEIT) coordinator. The Office must also provide SBA employees BEIT training to assist small businesses in the use of such technologies. The SBA Chief Counsel for Advocacy shall evaluate the impact of broadband speed and price on small businesses. Services provided by a small business development center shall include accessing and using BEIT as an authorized activity of small business development centers. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Food for Healthy Lives Act
of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an eligible hospital; or
(B) an eligible organization.
(2) Eligible hospital.--The term ``eligible hospital''
means--
(A) a medical center or nursing home operated by
the Department of Veterans Affairs; or
(B) any other nonprofit hospital or other nonprofit
inpatient healthcare institution.
(3) Eligible organization.--The term ``eligible
organization'' means a social service organization providing
nutrition services, including Meals on Wheels.
(4) Eligible product.--The term ``eligible product'' means
an agricultural product that--
(A) is offered by a participating vendor;
(B) is fresh, dried, frozen, or packaged in a
manner that maximizes retention of nutrient density;
(C) is grown, stored, or transported in a manner
that maximizes retention of nutrient density; and
(D) is a locally or regionally produced
agricultural food product that is stored and processed
locally, and, to the maximum extent practicable,
reflects local preferences.
(5) Locally or regionally produced agricultural food
product.--The term ``locally or regionally produced
agricultural food product'' means any agricultural food product
that is raised, produced, and distributed in--
(A) the locality or region in which the final
product is marketed, so that the total distance that
the product is transported is less than 400 miles from
the origin of the product; or
(B) the State in which the product is produced.
(6) Participating vendor.--
(A) In general.--The term ``participating vendor''
means a local or regional distributor of eligible
products that is approved under section 3(d)(1).
(B) Inclusion.--The term ``participating vendor''
includes an agricultural producer.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. DEMONSTRATION GRANTS FOR HOSPITALS, DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTERS, AND NUTRITION PROGRAMS.
(a) In General.--The Secretary shall establish a program under
which the Secretary shall provide demonstration grants to eligible
entities to purchase eligible products from participating vendors to
improve the availability of nutritious meals from local sources for--
(1) patients of, employees of, and visitors to eligible
hospitals; and
(2) clients of eligible organizations.
(b) Coordination.--The Secretary shall coordinate the provision of
demonstration grants under subsection (a) with--
(1) the Secretary of Veterans Affairs, for purposes of
grants to an eligible entity described in section 2(2)(A); and
(2) the Secretary of Health and Human Services, for
purposes of grants to any other eligible entity.
(c) Agreements.--
(1) In general.--The Secretary, acting through any regional
procurement offices of the Department of Agriculture that the
Secretary determines to be appropriate, shall carry out a
program under which the Secretary shall enter into agreements
with participating vendors to supply eligible products to
eligible entities.
(2) Funds.--Eligible products supplied under an agreement
entered into under paragraph (1) shall be purchased by eligible
entities using funds that are provided through demonstration
grants under this section.
(d) Approval of Participating Vendors.--
(1) In general.--A local or regional distributor of
eligible products that seeks to supply eligible products to
eligible entities under this section shall apply to the
Secretary for approval as a participating vendor.
(2) Conditions for approval.--The Secretary shall approve
an application submitted under paragraph (1) if the local or
regional distributor of eligible products--
(A) demonstrates the ability to supply eligible
products;
(B) complies with Federal food safety laws
(including regulations);
(C) consistently provides products that meet
standards of grade, size, freshness, and quality as
required by the Secretary or local procurement officer;
and
(D) demonstrates the ability to supply and purchase
eligible products at a fair price from local growers
and processors.
(e) Grant Applications.--
(1) Application process.--
(A) In general.--To be eligible to receive a grant
to purchase eligible products from participating
vendors under this section, an eligible entity shall
submit to the Secretary an application at such time and
containing such information as the Secretary may
require.
(B) Priority.--In providing grants under this
section, the Secretary shall give priority to eligible
entities with demonstrated commitment to developing
organizational food and nutrition policies that
incorporate locally or regionally produced agricultural
food products.
(2) Additional requirements for eligible organizations.--In
addition to the information required under paragraph (1), an
eligible organization shall include in a grant application
under that paragraph--
(A) certification of the nonprofit status of the
eligible organization; and
(B) evidence of the demonstrated ability of the
eligible organization to provide nutrition services.
(f) Monitoring.--
(1) In general.--The Secretary shall develop and implement
a system for monitoring--
(A) participating vendors; and
(B) grants provided under this section.
(2) Certification.--A monitoring system developed under
this subsection may include a requirement for a participating
vendor to obtain certification in accordance with a program--
(A) that is designed by the Secretary; and
(B) under which the Secretary may require payments
from participating vendors for the certification
process.
(g) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2009 through 2013--
(1) $10,000,000 to provide grants to eligible hospitals
described in section 2(2)(A);
(2) $10,000,000 to provide grants to eligible hospitals
described in section 2(2)(B); and
(3) $5,000,000 to provide grants to eligible organizations.
SEC. 4. REPORT ON FRESH FOODS IN FEDERALLY FUNDED HEALTH AND SOCIAL
SERVICE PROGRAMS.
Not later than 2 years after the date of enactment of this Act, the
Secretary, in coordination with the Secretary of Health and Human
Services and the heads of other applicable Federal agencies, shall
submit to the appropriate committees of Congress a report that provides
recommendations for ways in which--
(1) health care institutions and social service
organizations could increase the use of nutritious, local
agricultural products in nutrition and food service programs;
and
(2) the Federal Government could provide technical
assistance for and support the activities recommended under
paragraph (1). | Healthy Food for Healthy Lives Act of 2008 - Directs the Secretary of Agriculture to provide demonstration grants to eligible entities to purchase eligible local or regional products from participating vendors to improve the availability of nutritious meals for: (1) patients and employees of, and visitors to, eligible hospitals, including Department of Veterans Affairs (VA) medical and nursing facilities; and (2) clients of eligible social service organizations that provide nutrition services. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shivwits Plateau National
Conservation Area Establishment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the Shivwits Plateau
National Conservation Area to conserve, protect, and enhance for the
benefit and enjoyment of present and future generations the landscapes,
native wildlife and vegetation, and prehistoric, historic, scenic, and
traditional human values of the conservation area (including ranching,
hunting, sightseeing, camping and hiking).
SEC. 3. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``conservation area''
means the Shivwits Plateau National Conservation Area
established by section 2.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 4. ESTABLISHMENT OF SHIVWITS PLATEAU NATIONAL CONSERVATION AREA,
ARIZONA.
(a) In General.--There is established the Shivwits Plateau National
Conservation Area in the State of Arizona.
(b) Areas Included.--The Shivwits Plateau National Conservation
Area shall be comprised of approximately 381,800 acres of land
administered by the Secretary in Mohave County, Arizona, as generally
depicted on the map entitled ``Shivwits Plateau National Conservation
Area--Proposed'', numbered ____, dated ____.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress a
map and legal description of the conservation area.
(2) Force and effect.--The map and legal description shall
have the same force and effect as if included in this Act.
(3) Public availability.--Copies of the map and legal
description shall be on file and available for public
inspection in--
(A) the Office of the Director of the Bureau of
Land Management; and
(B) the appropriate office of the Bureau of Land
Management in Arizona.
SEC. 5. MANAGEMENT OF CONSERVATION AREA.
(a) In General.--The Secretary shall manage the conservation area
in a manner that conserves, protects, and enhances all of the values
specified in section 2 under the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.), this Act, and other applicable law.
(b) Hunting and Fishing.--The Secretary shall permit hunting and
fishing in the conservation area in accordance with the laws of the
State of Arizona.
(c) Grazing.--
(1) In general.--The Secretary shall permit the grazing of
livestock in the conservation area.
(2) Applicable law.--The Secretary shall ensure that
grazing in the conservation area is conducted in accordance
with all laws (including regulations) that apply to the
issuance and administration of grazing leases on other land
under the jurisdiction of the Bureau of Land Management.
(d) Forest Restoration.--The Secretary shall develop and carry out
forest restoration projects on Ponderosa Pine forests and Pinion-
Juniper forests in the conservation area, with the goal of restoring
the land in the conservation area to presettlement condition.
(e) Advisory Committee.--
(1) Establishment.--The Secretary shall establish an
advisory committee for the conservation area, to be known as
the ``Shivwits Plateau National Conservation Area Advisory
Committee'', the purpose of which shall be to advise the
Secretary with respect to the preparation and implementation of
the management plan required by section 6.
(2) Representation.--The advisory committee shall be
comprised of 9 members appointed by the Secretary, of whom--
(A) 1 shall be a grazing permittee in good standing
with the Bureau of Land Management who has maintained a
grazing allotment within the boundaries of the
conservation area for not less than 5 years;
(B) 1 shall be the chairperson of the Kaibab Band
of Paiute Indians;
(C) 1 shall be an individual with a recognized
background in ecological restoration, research, and
application, to be appointed from among nominations
made by Northern Arizona University;
(D) 1 shall be the Arizona State Land Commissioner;
(E) 1 shall be an Arizona State Game and Fish
Commissioner;
(F) 1 shall be an official of the State of Utah
(other than an elected official), to be appointed from
among nominations made by the Arizona Strip Regional
Planning Task Force;
(G) 1 shall be a representative of a recognized
environmental organization;
(H) 1 shall be a local elected official from the
State of Arizona, to be appointed from among
nominations made by the Arizona Strip Regional Planning
Task Force; and
(I) 1 shall be a local elected official from the
State of Utah, to be appointed from among nominations
made by the Arizona Strip Regional Planning Task Force.
(3) Terms.--
(A) In general.--A member of the advisory committee
shall be appointed for a term of 3 years, except that,
of the members first appointed, 3 members shall be
appointed for a term of 1 year and 3 members shall be
appointed for a term of 2 years.
(B) Reappointment.--A member may be reappointed to
serve on the advisory committee on expiration of the
member's term.
SEC. 6. MANAGEMENT PLAN.
(a) Existing Management Plans.--The Secretary shall manage the
conservation area under resource management plans in effect or the date
of enactment of this Act, including the Arizona Strip Resource
Management Plan, the Parashant Interdisciplinary Plan, and the Mt.
Trumbull Interdisciplinary Plan.
(b) Future Management Plans.-- Future revisions of management plans
for the conservation area shall be adopted in compliance with the goals
and objectives of this Act.
SEC. 7. ACQUISITION OF LAND.
(a) In General.--The Secretary may acquire State or private land or
interests in land within the boundaries of the conservation area only
by--
(1) donation;
(2) purchase with donated or appropriated funds from a
willing seller; or
(3) exchange with a willing party.
(b) Exchanges.--
(1) In general.--During the 2-year period beginning on the
date of enactment of this Act, the Secretary shall make a
diligent effort to acquire, by exchange, from willing parties
all State trust lands, subsurface rights, and valid mining
claims within the conservation area.
(2) Inverse condemnation.--If an exchange requested by a
property owner is not completed by the end of the period, the
property owner that requested the exchange may, at any time
after the end of the period--
(A) declare that the owner's State trust lands,
subsurface rights, or valid mining claims within the
conservation area have been taken by inverse
condemnation; and
(B) seek compensation from the United States in
United States district court.
(c) Valuation of Private Property.--
(1) In general.--The United States shall pay the fair
market value for any property acquired under this section.
(2) Assessment.--The value of the property shall be
assessed as if the conservation area did not exist.
SEC. 8. MINERAL ASSESSMENT PROGRAM AND RELATIONSHIP TO MINING LAWS.
(a) Assessment Program.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall assess the oil, gas, coal,
uranium, and other mineral potential on Federal land in the
conservation area.
(b) Peer Review.--The mineral assessment program shall--
(1) be subject to review by the Arizona State Department of
Mines and Mineral Resources; and
(2) shall not be considered to be complete until the
results of the assessment are approved by the Arizona State
Department of Mines and Mineral Resources.
(c) Relation to Mining Laws.--Subject to valid existing rights, the
public land within the conservation area is withdrawn from mineral
location, entry, and patent under chapter 6 of the Revised Statutes
(commonly known as the ``General Mining Law of 1872'') (30 U.S.C.
section 21 et seq.).
(d) Mineral leasing.--The Secretary shall permit the removal of--
(1) nonleasable minerals from land or an interest in land
within the national conservation area in the manner prescribed
by section 10 of the Act of August 4, 1939 (43 Stat. 38); and
(2) leasable minerals from land or an interest in lands
within the conservation area in accordance with the Act of
February 25, 1920 (commonly known as the ``Mineral Lands
Leasing Act of 1920'') (30 U.S.C. 181 et seq.) or the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.).
(e) Disposition of Funds From Permits and Leases.--
(1) Receipts from permits and leases.--Receipts derived
from permits and leases issued on land in the conservation area
under the Act of February 25, 1920 (30 U.S.C. 181 et seq.) or
the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et
seq.), shall be disposed of as provided in the applicable Act.
(2) Receipts from disposition of nonleasable minerals.--
Receipts from the disposition of nonleasable minerals within
the conservation area shall be disposed of in the same manner
as proceeds of the sale of public land.
SEC. 9. EFFECT ON WATER RIGHTS.
Nothing in this Act--
(1) establishes a new or implied reservation to the United
States of any water or water-related right with respect to land
included in the conservation area; or
(2) authorizes the appropriation of water, except in
accordance with the substantive and procedural law of the State
of Arizona.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Requires the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to manage the conservation area. Permits hunting, fishing, and livestock grazing in the area.
Directs the Secretary to develop and carry out forest restoration projects on Ponderosa pine and Pinion-Juniper forests in the area, with the goal of restoring the land to presettlement condition.
Establishes the Shivwits Plateau National Conservation Area Advisory Committee to advise on the preparation and implementation of the management plan.
Requires the Secretary to manage the conservation area under resource management plans in effect on this Act's enactment date.
Describes procedures for the acquisition of State or private lands within the conservation area.
Requires the Secretary to assess the oil, gas, coal, and other mineral potential on Federal land in the conservation area. Subjects the mineral assessment program to review and approval by the Arizona State Department of Mines and Mineral Resources.
Withdraws public land within the conservation area from mineral location, entry, and patent under the General Mining Law of 1872.
Permits the removal of minerals from the conservation area in accordance with specified existing laws.
Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Economic Stimulus Act of
2008''.
SEC. 2. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING SOCIAL
SECURITY OR CERTAIN VETERANS BENEFITS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6431. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING
SOCIAL SECURITY OR CERTAIN VETERANS BENEFITS.
``(a) In General.--In the case of an eligible individual who is an
eligible social security or veterans benefit recipient, there shall be
allowed as a credit against the tax imposed by subtitle A for the first
taxable year beginning in 2008 an amount equal $300 ($600 in the case
of a joint return).
``(b) Treatment of Credit.--The credit allowed by subsection (a)
shall be treated as allowed by subpart C of part IV of subchapter A of
chapter 1.
``(c) Limitation Based on Adjusted Gross Income.--The amount of the
credit allowed by subsection (a) (determined without regard to this
subsection and subsection (f)) 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).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible social security or veterans benefit
recipient.--The term `eligible social security or veterans
benefit recipient' means, with respect to any taxable year, any
taxpayer who--
``(A) received, during such taxable year--
``(i) a social security benefit (as defined
in section 86(d)),
``(ii) or any compensation or pension
received under chapter 11, 13, or 15 of title
38, United States Code, and
``(B) has earned income which is less than $3,000.
``(2) Eligible individual.--The term `eligible individual'
means any individual other than--
``(A) any nonresident alien individual,
``(B) any individual with respect to whom a
deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar
year in which the individual's taxable year begins, and
``(C) an estate or trust.
``(3) Earned income.--The term `earned income' has the
meaning set forth in section 32(c)(2) except that--
``(A) subclause (II) of subparagraph (B)(vi)
thereof shall be applied by substituting `January 1,
2009' for `January 1, 2008', and
``(B) such term shall not include net earnings from
self-employment which are not taken into account in
computing taxable income.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (f) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(f) Advance Refunds and Credits.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2007 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if this section (other than subsection (e) and
this subsection) had applied to such taxable year.
``(3) Timing of payments.--The Secretary shall, subject to
the provisions of this title, refund or credit any overpayment
attributable to this section as rapidly as possible. No refund
or credit shall be made or allowed under this subsection after
December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.''.
(b) Treatment of Possessions.--
(1) Mirror code possession.--The Secretary of the Treasury
shall make a payment to each possession of the United States
with a mirror code tax system in an amount equal to the loss to
that possession by reason of the amendments made by this
section. Such amount shall be determined by the Secretary of
the Treasury based on information provided by the government of
the respective possession.
(2) Other possessions.--The Secretary of the Treasury shall
make a payment to each possession of the United States which
does not have a mirror code tax system in an amount estimated
by the Secretary of the Treasury as being equal to the
aggregate benefits that would have been provided to residents
of such possession by reason of the amendments made by this
section if a mirror code tax system had been in effect in such
possession. The preceding sentence shall not apply with respect
to any possession of the United States unless such possession
has a plan, which has been approved by the Secretary of the
Treasury, under which such possession will promptly distribute
such payment to the residents of such possession.
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection, the term ``possession of the United
States'' includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession under
such system is determined by reference to the income
tax laws of the United States as if such possession
were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the
payments under this subsection shall be treated in the
same manner as a refund due from the credit allowed
under section 6431 of the Internal Revenue Code of 1986
(as added by this section).
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 6431'' after
``section 35''.
(2) The table of contents for subchapter B of chapter 65 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Sec. 6431. 2008 recovery rebates for certain individuals receiving
social security or certain veterans
benefits.''. | Universal Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to allow social security or veterans benefits recipients with earned income less than $3,000 a $300 refundable tax credit ($600 for married couples filing a joint tax return) in 2008. Reduces the amount of such credit by 5% of the amount by which the taxpayer's adjusted gross income exceeds $75,000. | billsum_train |
Create a condensed overview of the following text: SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE
PROGRAM.
The Act entitled ``An Act to provide for the organization of the
militia of the District of Columbia'', approved March 1, 1889 (sec.
49--101 et seq., D.C. Official Code) is amended by adding at the end
the following new title:
``TITLE II--EDUCATIONAL ASSISTANCE PROGRAM
``SEC. 201. SHORT TITLE; FINDINGS.
``(a) Short Title.--This title may be cited as the `Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Act'.
``(b) Findings.--Congress makes the following findings:
``(1) The District of Columbia National Guard is under the
exclusive jurisdiction of the President of the United States as
Commander-in-Chief and, unlike other National Guards, is
permanently federalized.
``(2) The District of Columbia National Guard is unique and
differs from the National Guards of the several States in that
the District of Columbia National Guard is responsible, not
only for residents of the District of Columbia, but also for a
special and unique mission and obligation as a result of the
extensive presence of the Federal Government in the District of
Columbia.
``(3) Consequently, the President of the United States,
rather than the chief executive of the District of Columbia, is
in command of the District of Columbia National Guard, and only
the President can call up the District of Columbia National
Guard even for local emergencies.
``(4) The District of Columbia National Guard has been
specifically trained to address the unique emergencies that may
occur regarding the presence of the Federal Government in the
District of Columbia.
``(5) The great majority of the members of the District of
Columbia National Guard actually live in Maryland or Virginia,
rather than in the District of Columbia.
``(6) The District of Columbia National Guard has been
experiencing a disproportionate decline in force in comparison
to the National Guards of Maryland and Virginia.
``(7) The States of Maryland and Virginia provide
additional recruiting and retention incentives, such as
educational benefits, in order to maintain their force, and
their National Guards have drawn recruits from the District of
Columbia at a rate that puts at risk the maintenance of the
necessary force levels for the District of Columbia National
Guard.
``(8) Funds for an educational benefit for members of the
District of Columbia National Guard would provide an incentive
to help reverse the loss of members to nearby National Guards
and allow for maintenance and increase of necessary District of
Columbia National Guard personnel.
``(9) The loss of members of the District of Columbia
National Guard could adversely affect the readiness of the
District of Columbia National Guard to respond in the event of
a terrorist attack on the capital of the United States.
``SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE
PROGRAM.
``(a) Educational Assistance Program Authorized.--The Mayor of the
District of Columbia, in coordination with the commanding general of
the District of Columbia National Guard, shall establish a program
under which the Mayor may provide financial assistance to an eligible
member of the District of Columbia National Guard to assist the member
in covering expenses incurred by the member while enrolled in an
approved institution of higher education to pursue the member's first
undergraduate, masters, vocational, or technical degree or
certification.
``(b) Eligibility.--
``(1) Criteria.--A member of the District of Columbia
National Guard is eligible to receive assistance under the
program established under this title if the commanding general
of the District of Columbia National Guard certifies to the
Mayor the following:
``(A) The member has satisfactorily completed
required initial active duty service.
``(B) The member has executed a written agreement
to serve in the District of Columbia National Guard for
a period of not less than 6 years.
``(C) The member is not receiving a Reserve Officer
Training Corps scholarship.
``(2) Maintenance of eligibility.--To continue to be
eligible for financial assistance under the program, a member
of the District of Columbia National Guard must--
``(A) be satisfactorily performing duty in the
District of Columbia National Guard in accordance with
regulations of the National Guard (as certified to the
Mayor by the commanding general of the District of
Columbia National Guard);
``(B) be enrolled on a full-time or part-time basis
(seeking to earn at least 3, but less than 12 credit
hours per semester) in an approved institution of
higher education; and
``(C) maintain satisfactory progress in the course
of study the member is pursuing, determined in
accordance with section 484(c) of the Higher Education
Act of 1965 (20 U.S.C. 1091(c)).
``SEC. 203. TREATMENT OF ASSISTANCE PROVIDED.
``(a) Permitted Use of Funds.--Financial assistance received by a
member of the District of Columbia National Guard under the program
under this title may be used to cover--
``(1) tuition and fees charged by an approved institution
of higher education involved;
``(2) the cost of books; and
``(3) laboratory expenses.
``(b) Amount of Assistance.--The amount of financial assistance
provided to a member of the District of Columbia National Guard under
the program may be up to $400 per credit hour, but not to exceed $6,000
per year. If the Mayor determines that the amount available to provide
assistance under this title in any year will be insufficient, the Mayor
may reduce the maximum amount of the assistance authorized, or set a
limit on the number of participants, to ensure that amounts expended do
not exceed available amounts.
``(c) Relation to Other Assistance.--Except as provided in section
202(b)(1)(C), a member of the District of Columbia National Guard may
receive financial assistance under the program in addition to
educational assistance provided under any other provision of law.
``(d) Repayment.--A member of the District of Columbia National
Guard who receives assistance under the program and who, voluntarily or
because of misconduct, fails to serve for the period covered by the
agreement required by section 202(b)(1) or fails to comply with the
eligibility conditions specified in section 202(b)(2) shall be subject
to the repayment provisions of section 373 of title 37, United States
Code.
``SEC. 204. ADMINISTRATION AND FUNDING OF PROGRAM.
``(a) Administration.--The Mayor, in coordination with the
commanding general of the District of Columbia National Guard and in
consultation with approved institutions of higher education, shall
develop policies and procedures for the administration of the program
under this title. Nothing in this title shall be construed to require
an institution of higher education to alter the institution's
admissions policies or standards in any manner to enable a member of
the District of Columbia National Guard to enroll in the institution.
``(b) Funding Sources and Gifts.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the District of Columbia such
sums as may be necessary to enable the Mayor to provide
financial assistance under the program. Funds appropriated
pursuant to this authorization of appropriations shall remain
available until expended.
``(2) Transfer of funds.--The Mayor may accept the transfer
of funds from Federal agencies and use any funds so transferred
for purposes of providing assistance under the program. There
is authorized to be appropriated to the head of any executive
branch agency such sums as may be necessary to permit the
transfer of funds to the Mayor to provide financial assistance
under this section.
``(3) Donations.--The Mayor may accept, use, and dispose of
donations of services or property for purposes of providing
assistance under the program.
``SEC. 205. DEFINITION.
``In this title, the term `approved institution of higher
education' means an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002))
that--
``(1) is eligible to participate in the student financial
assistance programs under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.); and
``(2) has entered into an agreement with the Mayor
containing an assurance that funds made available under this
title are used to supplement and not supplant other assistance
that may be available for members of the District of Columbia
National Guard.
``SEC. 206. EFFECTIVE DATE.
``Financial assistance may be provided under the program under this
title to eligible members of the District of Columbia National Guard
for periods of instruction that begin on or after January 1, 2013.''. | Amends the District of Columbia Code to add provisions to be entitled the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act. Directs the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance to members of the District of Columbia National Guard who have satisfactorily completed their initial active duty service and agree to serve for at least six years. Requires such assistance to be used by members for expenses incurred in pursuing their first undergraduate, master's, vocational, or technical degree or certification at an approved institution of higher education. Prohibits members who are receiving a Reserve Officer Training Corps scholarship from receiving this Act's assistance. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Healthy Forest
Management Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Congressional declaration of bark beetle epidemic, drought,
deteriorating forest health conditions, and
high risk of wildfires in States as
imminent threat.
Sec. 4. State designation of high-risk areas of National Forest System
and public lands.
Sec. 5. Designation of high-risk areas by the Secretary concerned.
Sec. 6. Use of emergency hazardous fuels reduction projects for high-
risk areas.
Sec. 7. Applicability of expedited procedures and authorities of
Healthy Forests Restoration Act of 2003 to
emergency hazardous fuels reduction
projects.
Sec. 8. Forest Service and Bureau of Land Management good-neighbor
cooperation with States to reduce wildfire
risks.
Sec. 9. Stewardship end result contracting project authority.
SEC. 2. DEFINITIONS.
In this Act:
(1) Emergency hazardous fuels reduction project.--The term
``emergency hazardous fuels reduction project'' means a project
or activity carried out in a high-risk area to address the bark
beetle epidemic, drought, or deteriorating forest health
conditions and the resulting imminent risk of devastating
wildfires.
(2) High-risk area.--The term ``high-risk area'' means an
area of National Forest System land or public lands identified
under section 4 as an area suffering from the bark beetle
epidemic, drought, or deteriorating forest health conditions,
with the resulting imminent risk of devastating wildfires, or
otherwise at high risk for bark beetle infestation, drought, or
wildfire.
(3) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(4) Public lands.--The term ``public lands'' has the
meaning given that term in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
the National Forest System; and
(B) the Secretary of the Interior, with respect to
public lands.
(6) The term ``State'' means any of the several States
containing National Forest System land or public lands. The
term includes the Commonwealth of Puerto Rico.
SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE EPIDEMIC, DROUGHT,
DETERIORATING FOREST HEALTH CONDITIONS, AND HIGH RISK OF
WILDFIRES IN STATES AS IMMINENT THREAT.
Congress hereby declares that the bark beetle epidemic, drought,
and deteriorating forest health conditions on National Forest System
land and public lands in the States, with the resulting imminent risk
of devastating wildfires that pose a significant threat to the economic
stability of communities in the affected areas and the health, safety,
and well-being of residents, firefighters, and visitors to the areas,
is an ``imminent threat'' within the meaning of section 294.12(b)(1) of
title 36, Code of Federal Regulations (2002 Edition) and any existing
or pending roadless area management rule applicable to a State.
SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST SYSTEM
AND PUBLIC LANDS.
(a) Designation Authority.--The Governor of a State may designate
high-risk areas of the National Forest System and public lands in the
State for the purposes of addressing--
(1) deteriorating forest health conditions in existence as
of the date of the enactment of this Act due to the bark beetle
epidemic or drought, with the resulting imminent risk of
devastating wildfires; and
(2) the future risk of insect infestations or disease
outbreaks through preventative treatments to improve forest
health conditions.
(b) Consultation.--In designating high-risk areas, the Governor of
a State shall consult with county government from affected counties and
with affected Indian tribes.
(c) Exclusion of Certain Areas.--The following National Forest
System land or public lands may not be designated as a high-risk area:
(1) A component of the National Wilderness Preservation
System.
(2) A National Monument.
(d) Standards for Designation.--Designation of high-risk areas
shall be consistent with standards and guidelines contained in the land
and resource management plan or land use plan for the unit of the
National Forest System or public lands for which the designation is
being made, except that the Secretary concerned may modify such
standards and guidelines to correspond with a specific high-risk area
designation.
(e) Time for Initial Designations.--The first high-risk areas
should be designated not later than 60 days after the date of the
enactment of this Act but may be designated at any time consistent with
subsection (a).
(f) Duration of Designation.--The designation of a high-risk area
in a State shall expire 20 years after the date of the designation,
unless earlier terminated by the Governor of the State.
(g) Redesignation.--The expiration of the 20-year period specified
in subsection (f) does not prohibit the Governor from redesignating an
area of the National Forest System land or public lands as a high-risk
area under this section if the Governor determines that the area of
National Forest System land or public lands continues to be subject to
the terms of this section
(h) Recognition of Valid and Existing Rights.--The designation of a
high-risk area shall not be construed to limit or restrict--
(1) access to National Forest System land or public lands
included in the area for hunting, fishing, and other related
purposes; or
(2) valid and existing rights regarding the National Forest
System land or public lands.
SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SECRETARY CONCERNED.
(a) Designation Authority.--The Secretary concerned may designate
high-risk areas of the National Forest System and the public lands for
the purposes of addressing--
(1) deteriorating forest health conditions in existence as
of the date of the enactment of this Act due to the bark beetle
epidemic or drought, with the resulting imminent risk of
devastating wildfires; and
(2) the future risk of insect infestations or disease
outbreaks through preventative treatments to improve forest
health conditions.
(b) Consultation.--In designating high-risk areas, the Secretary
concerned shall consult with Governors of affected States, county
government from affected counties, and with affected Indian tribes.
(c) Exclusion of Certain Areas.--The following National Forest
System land or public lands may not be designated as a high-risk area:
(1) A component of the National Wilderness Preservation
System.
(2) A National Monument.
(d) Standards for Designation.--Designation of high risk areas
shall be consistent with standards and guidelines contained in the land
and resource management plan or land use plan for the unit of the
National Forest System or public lands for which the designation is
being made, except that the Secretary concerned may modify such
standards and guidelines to correspond with a specific high-risk area
designation.
(e) Time for Initial Designations.--The first high-risk areas
should be designated not later than 60 days after the date of the
enactment of this Act but may be designated at any time consistent with
subsection (a).
(f) Duration of Designation.--The designation of a high-risk area
in a State shall expire 20 years after the date of the designation,
unless earlier terminated by the Secretary concerned.
(g) Redesignation.--The expiration of the 20-year period specified
in subsection (f) does not prohibit the Secretary concerned from
redesignating an area of the National Forest System or public lands as
a high-risk area if the Secretary determines that the National Forest
System land or public lands continues to be subject to the terms of
this section, except that such redesignation is subject to consultation
with Governors from affected States, county government from affected
counties, and affected Indian tribes.
(h) Recognition of Valid and Existing Rights.--The designation of a
high-risk area shall not be construed to limit or restrict--
(1) access to National Forest System land or public lands
included in the area for hunting, fishing, and other related
purposes; or
(2) valid and existing rights regarding the National Forest
System land or public lands.
SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS FOR HIGH-
RISK AREAS.
(a) Project Proposals.--
(1) Proposals authorized.--Upon designation of a high-risk
area in a State, the Governor of the State may provide for the
development of proposed emergency hazardous fuels reduction
projects for the high-risk area. The Secretary concerned also
may develop emergency hazardous fuels reduction projects.
(2) Project criteria.--In preparing proposed emergency
hazardous fuels reduction projects, the Governor of a State and
the Secretary concerned shall--
(A) take into account managing for rights of way,
protection of watersheds, protection of wildlife and
endangered species habitat, safe-guarding water
resources, and protecting local communities from
wildfires; and
(B) emphasize activities that thin the forest to
provide the greatest health and longevity of the
forest.
(b) Prohibition on Certain Activities.--An emergency hazardous
fuels reduction project may not include clear cutting of timber.
(c) Consultation.--In preparing proposed emergency hazardous fuels
reduction projects, the Governor of a State shall consult with county
government from affected counties, and with affected Indian tribes. If
the Secretary concerned develops a proposal, the Secretary concerned
shall consult with the Governor of the affected State, county
government from affected counties, and affected Indian tribes.
(d) Submission and Implementation.--The Governor of a State shall
submit proposed emergency hazardous fuels reduction projects to the
Secretary concerned for implementation.
(e) Implementation of Projects.--
(1) State proposed projects.--The Secretary concerned shall
implement hazardous fuels reduction projects proposed by
Governors within 60 days of the date on which the Secretary
receives the proposal.
(2) Secretary proposed projects.--The Secretary concerned
shall implement hazardous fuels reduction projects proposed by
the Secretary concerned within 60 days of the date on which the
proposal is finalized.
SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND AUTHORITIES OF
HEALTHY FORESTS RESTORATION ACT OF 2003 TO EMERGENCY
HAZARDOUS FUELS REDUCTION PROJECTS.
(a) Applicability.--Subject to subsections (b) through (e), title I
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of
that Act (16 U.S.C. 6514), the special administrative review process
under section 105 of that Act (16 U.S.C. 6515), and the judicial review
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to
all emergency hazardous fuels reduction projects developed under
section 6.
(b) Application of Other Law.--Section 322 of Public Law 102-381
(16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to Forest Service
emergency hazardous fuels reduction projects.
(c) Required Modifications.--In applying title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to emergency
hazardous fuels reduction projects, the Secretary concerned shall make
the following modifications:
(1) The authority shall apply to the entire high-risk area,
including land that is outside of a wildland-urban interface
area or that does not satisfy any of the other eligibility
criteria specified in section 102(a) of that Act (16 U.S.C.
6512(a)).
(2) All projects and activities of the Secretary concerned,
including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations), of the
emergency hazardous fuels reduction project shall be deemed to
be an authorized hazardous fuel reduction project for purposes
of applying the title.
(d) Forest Management Plans.--All projects and activities carried
out as part of an emergency hazardous fuels reduction project in a
designated high-risk area shall be consistent with standards and
guidelines contained in the land and resource management plan or land
use plan for the unit of the National Forest System or public lands for
which the designation is made, except that the Secretary concerned may
modify such standards and guidelines to correspond with a specific
high-risk area designation.
(e) Retention of NEPA Responsibilities.--Any decision required to
be made under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to any project or activity to be carried out
as part of an emergency hazardous fuels reduction project in a high-
risk area shall not be delegated to a State forester or any other
officer or employee of the State in which the emergency hazardous fuels
reduction project will be carried out.
(f) Categorical Exclusion.--If a project or activity to be carried
out as part of an emergency hazardous fuels reduction project in a
high-risk area involves the removal of insect-infected trees or other
hazardous fuels within 500 feet of utility or telephone infrastructure,
campgrounds, roadsides, heritage sites, recreation sites, schools, or
other infrastructure, the project or activity is categorically excluded
from the requirement to prepare an environmental assessment or an
environmental impact statement under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity
is otherwise conducted consistently with agency and departmental
procedures and the applicable land and resource management plan or land
use plan.
SEC. 8. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR
COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State forester.--The term ``State forester'' means the
head of a State agency with jurisdiction over State forestry
programs in an eligible State.
(b) Cooperative Agreements and Contracts.--
(1) In general.--The Secretary may enter into a cooperative
agreement or contract (including a sole source contract) with a
State forester to authorize the State forester to provide the
forest, rangeland, and watershed restoration and protection
services described in paragraph (2) on National Forest System
land in the eligible State.
(2) Authorized services.--The forest, rangeland, and
watershed restoration and protection services referred to in
paragraph (1) include the conduct of--
(A) activities to treat insect infected trees;
(B) activities to reduce hazardous fuels; and
(C) any other activities to restore or improve
forest, rangeland, and watershed health, including fish
and wildlife habitat.
(3) State as agent.--Except as provided in paragraph (6), a
cooperative agreement or contract entered into under paragraph
(1) may authorize the State forester to serve as the agent for
the Secretary in providing the restoration and protection
services authorized under that paragraph.
(4) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State forester may enter
into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract
entered into under paragraph (1).
(5) Timber sales.--Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to services performed under a cooperative
agreement or contract entered into under paragraph (1).
(6) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any
restoration and protection services to be provided under this
section by a State forester on National Forest System land
shall not be delegated to a State forester or any other officer
or employee of the eligible State.
(7) Applicable law.--The restoration and protection
services to be provided under this section shall be carried out
on a project-to-project basis under existing authorities of the
Forest Service.
SEC. 9. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY.
(a) Extension of Authority.--Section 347(a) of the Department of
the Interior and Related Agencies Appropriations Act, 1999 (as
contained in section 101(e) of division A of Public Law 105-277; 16
U.S.C. 2104 note) is amended by striking ``2013'' and inserting
``2017''.
(b) Duration of Contracts.--Section 347(c)(2) of the Department of
the Interior and Related Agencies Appropriations Act, 1999 (as
contained in section 101(e) of division A of Public Law 105-277; 16
U.S.C. 2104 note) is amended by striking ``10 years'' and inserting
``20 years''. | Healthy Forest Management Act of 2012 - Declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands, with the resulting imminent risk of devastating wildfires, is an imminent threat within the meaning of roadless area management regulations applicable to a state.
Allows a state governor or the Secretary of Agriculture (USDA), with respect the National Forest System, or of the Interior, with respect to public lands, to designate high-risk areas of the national forests and public lands in the state for purposes of addressing: (1) deteriorating forest health conditions due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. Excludes wilderness areas and national monuments from designation as high-risk areas. Establishes a 20-year period for such high-risk area designation.
Allows a governor or the Secretary, upon designation of a high-risk area, to provide for the development of proposed emergency hazardous fuels reduction projects for the area. Prohibits clear cutting as a part of any such project. Applies the administrative and judicial review processes of the Healthy Forests Restoration Act of 2003, with modifications, to such projects. Authorizes the Secretary concerned to enter into cooperative agreements and contracts with state foresters to provide forest, rangeland, and watershed restoration and protection services that include: (1) activities to treat insect infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
Permits state foresters to enter into subcontracts to provide such restoration and protection services.
Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to extend the authority to enter, and the duration of, contracts to perform services to achieve land management goals for national forests that meet local and rural community needs. | billsum_train |