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You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FEE AUTHORITY AND REPEAL OF PROHIBITION.
(a) Authority.--
(1) In general.--The Secretary of the Interior (in this
section referred to as the ``Secretary'') may permit, under
terms and conditions considered necessary by the Secretary, the
use of lands and facilities administered by the Secretary for
the making of any motion picture, television production,
soundtrack, or similar project, if the Secretary determines
that such use is appropriate and will not impair the values and
resources of the lands and facilities.
(2) Fees.--(A) Any permit under this section shall require
the payment of fees to the Secretary in an amount determined to
be appropriate by the Secretary sufficient to provide a fair
return to the government in accordance with subparagraph (B),
except as provided in subparagraph (C). The amount of the fee
shall be not less than the direct and indirect costs to the
Government for processing the application for the permit and
the use of lands and facilities under the permit, including any
necessary costs of cleanup and restoration, except as provided
in subparagraph (C).
(B) The authority of the Secretary to establish fees under
this paragraph shall include, but not be limited to, authority
to issue regulations that establish a schedule of rates for
fees under this paragraph based on such factors as--
(i) the number of people on site under a permit;
(ii) the duration of activities under a permit;
(iii) the conduct of activities under a permit in
areas designated by statute or regulations as special
use areas, including wilderness and research natural
areas; and
(iv) surface disturbances authorized under a
permit.
(C) The Secretary may, under the terms of the regulations
promulgated under paragraph (4), charge a fee below the amount
referred to in subparagraph (A) if the activity for which the
fee is charged provides clear educational or interpretive
benefits for the Department of the Interior.
(3) Bonding and insurance.--The Secretary may require a
bond, insurance, or such other means as may be necessary to
protect the interests of the United States in activities
arising under such a permit.
(4) Regulations.--(A) The Secretary shall issue regulations
implementing this subsection by not later than 180 days after
the date of the enactment of this Act.
(B) Within 3 years after the date of enactment of this Act,
the Secretary shall review and, as appropriate, revise
regulations issued under this paragraph. After that time, the
Secretary shall periodically review the regulations and make
necessary changes.
(b) Collection of Fees.--Fees shall be collected under subsection
(a) whenever the proposed filming, videotaping, sound recording, or
still photography involves product or service advertisements, or the
use of models, actors, sets, or props, or when such filming,
videotaping, sound recording, or still photography could result in
damage to resources or significant disruption of normal visitor uses.
Filming, videotaping, sound recording or still photography, including
bona fide newsreel or news television film gathering, which does not
involve the activities or impacts identified herein, shall be permitted
without fee.
(c) Existing Regulations.--The prohibition on fees set forth in
paragraph (1) of section 5.1(b) of title 43, Code of Federal
Regulations, shall cease to apply upon the effective date of
regulations under subsection (a). Nothing in this section shall be
construed to affect the regulations set forth in part 5 of such title,
other than paragraph (1) thereof.
(d) Proceeds.--Amounts collected as fees under this section shall
be available for expenditure without further appropriation and shall be
distributed and used, without fiscal year limitation, in accordance
with the formula and purposes established for the Recreational Fee
Demonstration Program under section 315 of Public Law 104-134.
(e) Penalty.--A person convicted of violating any regulation issued
under subsection (a) shall be fined in accordance with title 18, United
States Code, or imprisoned for not more than 6 months, or both, and
shall be ordered to pay all costs of the proceedings.
(f) Effective Date.--This section and the regulations issued under
this section shall become effective 180 days after the date of the
enactment of this Act, except that this subsection and the authority of
the Secretary to issue regulations under this section shall be
effective on the date of the enactment of this Act.
Passed the House of Representatives September 15, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Authorizes the Secretary of the Interior to permit the use of lands and facilities for the making of any motion picture, television production, soundtrack, or similar project if such use is appropriate and will not impair the values and resources of such lands and facilities.
Provides for permit fees and distribution of amounts collected, bonding and insurance, and a penalty for noncompliance with regulations. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Lunch Protection Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in recent years, there has been an alarming number of
instances of price-fixing and bid-rigging regarding foods
purchased for--
(A) the school lunch program established under the
National School Lunch Act (42 U.S.C. 1751 et seq.); and
(B) the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
(2) during the past several years, the Antitrust Division
of the Department of Justice has filed over 95 criminal cases
against persons accused of bid-rigging conspiracies, false
statements, mail fraud, price-fixing, and similar activities
involving dairy products sold to schools or the Department of
Defense;
(3) over 30 grand juries in States are investigating
similar activities, especially in connection with activities
involving the dairy industry;
(4) 45 corporations and 48 individuals have been convicted
by Federal courts of similar activities, and total fines and
civil damages of approximately $100,000,000 have been assessed
in Federal and State actions for similar activities;
(5) a report of the Comptroller General of the United
States noted that, as of March 1992, the Secretary of
Agriculture had neither suspended nor debarred any of the 13
dairy companies or 28 individuals convicted, as of March 1992,
of milk contract bid-rigging from participating in the school
lunch and breakfast programs;
(6) effective educational and monitoring programs can
greatly reduce the incidence of price-fixing and bid-rigging by
companies that sell products to schools;
(7) reducing the incidence of price-fixing and bid-rigging
in connection with the school lunch and breakfast programs
could save school districts, parents, and taxpayers millions of
dollars per year;
(8) the Comptroller General of the United States has noted
that bid-rigging awareness training is an effective means of
deterring improper collusion and bid-rigging; and
(9) the Comptroller General of the United States in a
General Accounting Office report addressed many of the concerns
described in this section with respect to bid rigging in the
school lunch program.
SEC. 3. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES.
The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended
by adding at the end the following new section:
``SEC. 25. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE
ACTIVITIES.
``(a) In General.--The Secretary shall--
``(1) provide advice, training, technical assistance, and
guidance to representatives of States, contracting entities,
school food service authorities, and other appropriate entities
(as determined by the Secretary) regarding means of identifying
and preventing anticompetitive activities relating to the
acquisition of commodities for--
``(A) the school lunch program established under
this Act;
``(B) the school breakfast program established
under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.);
``(C) the special milk program established under
section 3 of the Child Nutrition Act of 1966 (42 U.S.C.
1772); and
``(D) the summer food service program for children
established under section 13 of this Act;
``(2) provide information to, and fully cooperate with, the
Attorney General and State attorneys general regarding
investigations of anticompetitive activities relating to the
acquisition of commodities for the programs referred to in
paragraph (1);
``(3) provide awareness training, training films, technical
advice, troubleshooting advice, and other guidance related to
avoiding or detecting bid-rigging, price-fixing, or other
anticompetitive activities concerning the acquisition of
commodities for the programs; and
``(4) debar or suspend a person under section 12A,
applicable regulations issued by the Secretary (such as part
3017 of chapter XXX of subtitle B of title 7, Code of Federal
Regulations), and other applicable Federal laws (including
regulations).
``(b) Food Service Management Institute.--The Secretary may request
assistance from the food service management institute authorized under
section 21 in carrying out this section. The Secretary may contract
with the institute to carry out all or part of the duties described in
paragraphs (1) and (3) of subsection (a).
``(c) Termination.--The authority provided by this section shall
terminate on September 30, 1999.''.
SEC. 4. NONPROCUREMENT DEBARMENT.
(a) In General.--The National School Lunch Act is further amended
by inserting after section 12 (42 U.S.C. 1760) the following new
section:
``SEC. 12A. NONPROCUREMENT DEBARMENT.
``(a) In General.--Except as provided in subsections (b) and (c),
the Secretary shall debar a person, and each principal and affiliate of
the person, for at least 1 year from supplying, providing, or selling a
product or commodity to a school, school district, school food service
authority, or school district consortium participating in the school
lunch program established under this Act, the school breakfast program
established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), the special milk program established under section 3 of the
Child Nutrition Act of 1966 (42 U.S.C. 1772), or the summer food
service program for children established under section 13 of this Act
if the person, or a principal or affiliate of the person, is convicted,
in connection with supplying, providing, or selling a product or
commodity to any school, school district, school food service
authority, or school district consortium participating in any of the
programs, or to any Federal agency, of--
``(1) an anticompetitive activity, including bid-rigging,
price-fixing, the allocation of customers between competitors,
or other violation of Federal or State law related to
protecting competition;
``(2) mail fraud, bribery, theft, or embezzlement;
``(3) making a false statement or claim;
``(4) making a false declaration before a grand jury; or
``(5) other obstruction of justice.
``(b) Subsequent Convictions.--Except as provided in subsection
(c), if a person, or a principal or affiliate of the person, is
convicted of an activity described in subsection (a) after having been
previously debarred under this section, the person, and each principal
and affiliate of the person, shall be debarred for at least 3 years
from supplying, providing, or selling a product or commodity to any
school, school district, school food service authority, or school
district consortium participating in a program described in subsection
(a) or to any Federal agency.
``(c) Waivers.--The Secretary may waive a debarment imposed under
subsection (a) or (b) if the Secretary determines that debarment
would--
``(1) likely have a significant adverse effect on
competition or prices in the relevant market or nationally;
``(2) seriously interfere with the ability of a school,
school district, school food service authority, or school
district consortium to procure a needed product or commodity
for a program described in subsection (a);
``(3) be unfair to a person, subsidiary corporation,
affiliate, parent company, or local division of a corporation
that is not involved in the improper activity that would
otherwise result in the debarment; or
``(4) not be in the public interest.
``(d) Relationship to Other Authority.--A debarment imposed under
this section shall not reduce or diminish the authority of a Federal,
State, or local government agency or court to--
``(1) penalize, fine, suspend, debar, or otherwise punish,
in a civil or criminal action, a person or a principal or
affiliate of the person; or
``(2) imprison, debar, suspend, fine, or otherwise punish a
person or a principal or affiliate of the person.
``(e) Regulations.--The Secretary shall issue such regulations as
are necessary to carry out this section.''.
(b) Implementation.--
(1) Application.--The amendment made by subsection (a)
shall not apply to a conviction that is based on an activity
that took place prior to the date of enactment of this Act.
(2) Regulations.--Not later than July 1, 1994, the
Secretary of Agriculture shall amend the nonprocurement
regulations established under part 3017 of chapter XXX of
subtitle B of title 7, Code of Federal Regulations, to conform
with section 12A of the National School Lunch Act (as added by
subsection (a)).
(3) Consistent debarment policy.--Not later than 120 days
after the date of enactment of this Act, the Secretary of
Agriculture, in consultation with the Director of the Office of
Management and Budget, the Secretary of Defense, and such other
officials as the Secretary of Agriculture determines are
appropriate, shall advise the appropriate committees of
Congress and the Comptroller General of the United States as to
the appropriateness and usefulness of a consistent debarment
policy under--
(A) the Federal acquisition regulations issued
under title 48, Code of Federal Regulations; and
(B) Federal nonprocurement regulations.
(4) No reduction in authority.--
(A) In general.--The authority of the Secretary of
Agriculture that exists on the date of enactment of
this Act to debar or suspend a person, or a principal
or affiliate of the person, from Federal financial and
nonfinancial assistance and benefits under Federal
programs and activities, on a government-wide basis,
shall not be diminished or reduced by this section or
the amendment made by this section.
(B) Debarment or suspension.--The Secretary may
continue, after the date of enactment of this Act, to
debar or suspend a person (or a principal or affiliate
of the person), on a government-wide basis, from
Federal financial and nonfinancial assistance and
benefits for any cause for debarment or suspension that
is specified in part 3017 of chapter XXX of subtitle B
of title 7, Code of Federal Regulations, or as
otherwise permitted by law (including regulations).
SEC. 5. INFORMATION RELATING TO PREVENTION AND CONTROL OF
ANTICOMPETITIVE ACTIVITIES.
The National School Lunch Act (as amended by section 3) is further
amended by adding at the end the following new section:
``SEC. 26. INFORMATION RELATING TO PREVENTION AND CONTROL OF
ANTICOMPETITIVE ACTIVITIES.
``On request, the Secretary shall present to the appropriate
committees of the Congress information regarding the administration of
section 12A (relating to nonprocurement debarment) and section 25
(relating to the duties of the Secretary relating to anticompetitive
activities), and any waiver granted under section 12A(c).''. | School Lunch Protection Act of 1993 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide training and other assistance to State representatives, contracting entities, and school food service authorities to identify and prevent anticompetitive activities in the school lunch, school breakfast, special milk, and summer food service programs.
Directs the Secretary to bar a company for at least one year (three years for a repeat conviction) from program participation upon conviction for anticompetitive or specified related activities.
Directs the Secretary, upon request, to provide the appropriate congressional committees with information about prevention and control of such anticompetitive activities. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment Update for
Certified Nurse-Midwives Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medicare covers approximately 2 million women with
disabilities that are of childbearing age.
(2) Women with disabilities give birth to 50,000 children
annually.
(3) The Agency for Healthcare Policy and Research reports
that these women are without appropriate access to primary care
services.
(4) Their average time between gynecological visits was 10-
12 years.
(5) They were less likely to have received a recent
mammogram.
(6) The medicare program reimburses Certified Nurse
Midwives (CNMs) at 65 percent of the physician fee schedule, on
average, only $14 per annual exam.
(7) CNMs who serve these women are forced to subsidize care
with their own money or turn away patients because they cannot
afford to operate at a financial loss.
(8) Professional liability premiums for CNMs are
skyrocketing, leaving no monies to subsidize care.
(9) CNMs are forced to leave the marketplace as other
public and private payers adopt Medicare payment policies.
(10) Midwives are highly educated and available to serve
this special population.
SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE
SERVICES.
(a) Certified Midwife, Certified Midwife Services Defined.--(1)
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended by adding at the end the following new paragraphs:
``(3) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in paragraph (4)) and such
services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(4) The term `certified midwife' means an individual who has
successfully completed a bachelor's degree from an accredited
educational institution and a program of study and clinical experience
meeting guidelines prescribed by the Secretary, or has been certified
by an organization recognized by the Secretary.''.
(2) The heading in section 1861(gg) of such Act (42 U.S.C.
1395x(gg)) is amended to read as follows:
``Certified Nurse-Midwife Services; Certified Midwife Services''.
(b) Certified Midwife Service Benefit.--
(1) Medical and other services.--Section 1861(s)(2)(L) of
such Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting
``and certified midwife services'' before the semicolon.
(2) Payment to hospital for patients under care of
certified nurse-midwife or certified midwife.--Section
1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended--
(A) by inserting ``(i)'' after ``except that''; and
(B) by inserting before the semicolon the
following: ``and (ii) a patient receiving certified
nurse-midwife services or certified midwife services
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife with respect to such
services to the extent permitted under State law''.
(3) Inpatient hospital service at teaching hospitals.--
Section 1861(b) of such Act (42 U.S.C. 1395x(b)) is amended--
(A) in paragraph (4), by inserting ``certified
midwife services,'' after ``certified nurse-midwife
services,'';
(B) in paragraph (6), by striking ``; or'' and
inserting ``or in the case of services in a hospital or
osteopathic hospital by an intern or resident-in-
training in the field of obstetrics and gynecology,
nothing in this paragraph shall be construed to
preclude a certified nurse-midwife or certified midwife
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) from teaching or supervising such
intern or resident-in-training, to the extent permitted
under State law and as may be authorized by the
hospital; or'';
(C) in paragraph (7), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(8) a certified nurse-midwife or a certified midwife
where the hospital has a teaching program approved as specified
in paragraph (6), if (A) the hospital elects to receive any
payment due under this title for reasonable costs of such
services, and (B) all certified nurse-midwives or certified
midwives in such hospital agree not to bill charges for
professional services rendered in such hospital to individuals
covered under the insurance program established by this
title.''.
(4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of
such Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--
(A) by inserting ``(I)'' after ``(iii)'',
(B) by inserting ``certified midwife services,''
after ``certified nurse-midwife services,'', and
(C) by adding at the end the following new
subclause:
``(II) in the case of certified
nurse-midwife services or certified
midwife services furnished in a
hospital which has a teaching program
described in clause (i)(II), such
services may be furnished as provided
under section 1842(b)(7)(E) and section
1861(b)(8);''.
(5) Amount of payment.--Section 1833(a)(1)(K) of such Act
(42 U.S.C. 1395l(a)(1)(K)) is amended--
(A) by inserting ``and certified midwife services''
after ``certified nurse-midwife services'', and
(B) by striking ``65 percent'' each place it
appears and inserting ``95 percent''.
(6) Assignment of payment.--The first sentence of section
1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended--
(A) by striking ``and (F)'' and inserting ``(F)'';
and
(B) by inserting before the period the following:
``, and (G) in the case of certified nurse-midwife
services or certified midwife services under section
1861(s)(2)(L), payment may be made in accordance with
subparagraph (A), except that payment may also be made
to such person or entity (or the agent of such person
or entity) as the certified nurse-midwife or certified
midwife may designate under an agreement between the
certified nurse-midwife or certified midwife and such
person or entity (or the agent of such person or
entity)''.
(7) Clarification regarding payments under part b for such
services furnished in teaching hospitals.--(A) Section
1842(b)(7) of such Act (42 U.S.C. 1395u(b)(7)) is amended--
(i) in subparagraphs (A) and (C), by inserting
``or, for purposes of subparagraph (E), the conditions
described in section 1861(b)(8),'' after ``section
1861(b)(7),''; and
(ii) by adding at the end the following new
subparagraph:
``(E) In the case of certified nurse-midwife
services or certified midwife services furnished to a
patient in a hospital with a teaching program approved
as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8),
the provisions of subparagraphs (A) through (C) shall
apply with respect to a certified nurse-midwife or a
certified midwife respectively under this subparagraph
as they apply to a physician under subparagraphs (A)
through (C).''.
(B) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
prescribe regulations to carry out the amendments made by
subparagraph (A).
SEC. 4. INTERIM, FINAL REGULATIONS.
Except as provided in section 3(b)(7)(B), in order to carry out the
amendments made by this Act in a timely manner, the Secretary of Health
and Human Services may first promulgate regulations, that take effect
on an interim basis, after notice and pending opportunity for public
comment, by not later than 6 months after the date of the enactment of
this Act. | Medicare Payment Update for Certified Nurse-Midwives Act - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services (currently only certified nurse-midwife services are covered) under Medicare part B (Supplementary Medical Insurance). Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training.
Extends Medicare coverage to items and services at a free-standing birth center. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Preservation Act of 1997''.
SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.
(a) General Rule.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 138 as section
139 and by inserting after section 137 the following new section:
``SEC. 138. SALES AND EXCHANGES OF FARMLAND THE USE OF WHICH IS
RESTRICTED TO FARMING.
``(a) General Rule.--In the case of an operator of farmland, gross
income does not include gain from the sale or exchange of farmland if
there is in effect on the date of such sale or exchange a qualified
covenant which does not permit any use of such farmland for any purpose
other than use as farmland.
``(b) Definitions.--For purposes of this section--
``(1) Farmland.--The term `farmland' means any real
property--
``(A) which is located in the United States, and
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)).
``(2) Qualified covenant--The term `qualified covenant'
means a covenant--
``(A) which may not be revoked,
``(B) which, with respect to farmland to which such
covenant applies, is entered into by all persons having
any ownership interest in such farmland, and
``(C) which binds all future owners of the farmland
to which such covenant applies.
``(c) Application With Principal Residences.--For purposes of this
section, use as farmland includes use as the principal residence of the
operator of such farmland.
``(d) Verification of Covenant.--Subsection (a) shall not apply by
reason of any covenant unless such person--
``(1) notifies (in such form and manner as the Secretary
may by regulations prescribe) both the Secretary and the
Secretary of Agriculture of the political subdivision of the
State in which such covenant is recorded, and
``(2) submits to the Secretary a copy of such covenant.''
(b) Clerical Amendment.--The table of sections for such part is
amended by striking the last item and inserting the following new
items:
``Sec. 138. Sales and exchanges of
farmland the use of which is
restricted to farming.
``Sec. 139. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to covenants first recorded after December 31, 1996, and to sales
and exchanges after such date.
SEC. 3. EXCLUSION FROM GROSS ESTATE OF FARMLAND WHICH BY COVENANT IS
RESTRICTED TO USE AS FARMLAND.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. EXCLUSION OF FARMLAND WHICH BY COVENANT IS RESTRICTED TO
USE AS FARMLAND.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the adjusted value of farmland included in the estate if there is in
effect on the date of death a qualified covenant which does not permit
any use of such farmland for any purpose other than use as farmland.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States, and
``(2) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) the farmland were owned by the decedent or a
member of the decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or a
member of the decedent's family in the operation of the
farmland.
``(c) Definitions.--For purposes of this section--
``(1) Farmland.--The term `farmland' means any real
property--
``(A) which is located in the United States, and
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)).
``(2) Qualified covenant.--The term `qualified covenant'
means a covenant--
``(A) which may not be revoked,
``(B) which, with respect to farmland to which such
covenant applies, is entered into by all persons having
any ownership interest in such farmland, and
``(C) which binds all future owners of the farmland
to which such covenant applies.
``(3) Adjusted value.--The term `adjusted value' means the
value of farmland for purposes of this chapter (determined
without regard to this section), reduced by the amount
deductible under paragraph (3) or (4) of section 2053(a).
``(d) Application With Principal Residences.--For purposes of this
section, use as farmland includes use as the principal residence of the
operator of such farmland.
``(e) Verification of Covenant.--Subsection (a) shall not apply by
reason of any covenant unless such person--
``(1) notifies (in such form and manner as the Secretary
may by regulations prescribe) both the Secretary and the
Secretary of Agriculture of the political subdivision of the
State in which such covenant is recorded, and
``(2) submits to the Secretary a copy of such covenant.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2033 the following new item:
``Sec. 2033A. Exclusion of farmland which
by covenant is restricted to
use as farmland.''
(c) Effective Date.--The amendments made by this section shall
apply to covenants first recorded after December 31, 1996, with respect
to estates of decedents dying after such date. | Farm Preservation Act of 1997 - Amends the Internal Revenue Code to exclude from gross income the gain from the sale or exchange of farmland if there is a covenant prohibiting any use other than as farmland. Excludes from the gross estate the value of farmland if there is a covenant prohibiting any use other than as farmland. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Heritage Firearms Act of
2002''.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration.--Subject to such regulations as the Secretary may
prescribe, the applicable veteran or a member of such a veteran's
family, who owns and possesses a qualifying firearm, may register such
firearm in the National Firearms Registration and Transfer Record
(described in section 5841 of the Internal Revenue Code of 1986) during
the amnesty period.
(b) Qualifying Firearm.--
(1) In general.--For purposes of this section, the term
``qualifying firearm'' means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while such veteran was a member
of the Armed Forces and was stationed outside the
continental United States.
(2) Presumption of validity.--With respect to any firearm,
in the absence of clear and convincing evidence to the
contrary--
(A) the Secretary shall accept as true and accurate
any affidavit, document, or other evidence submitted by
an individual to establish that such firearm meets the
requirements of paragraph (1); and
(B) the requirement of paragraph (1)(C) shall be
treated as met.
(c) Hearings.--If the Secretary determines that any individual may
not register a firearm under subsection (a) during the amnesty period,
the Secretary, upon the request of such individual, shall--
(1) provide such individual any evidence on which the
Secretary's decision is based; and
(2) promptly hold a hearing to review such determination.
(d) Limited Immunity.--
(1) Criminal liability under title 18.--Any individual who
registers a firearm under subsection (a)--
(A) shall be treated, for purposes of subsections
(a)(3), (o), (v), and (w) of section 922 of title 18,
United States Code, as having lawfully acquired and
possessed the firearm before the date of the enactment
of chapter 44 of such title and each of such chapter's
provisions; and
(B) shall not be liable under chapter 44 of title
18, United States Code, for any violation of such
chapter which--
(i) is based solely on such individual's
ownership, possession, transportation,
importation, or alteration of such firearm; and
(ii) occurred before or concurrent with
such registration.
(2) Criminal liability under internal revenue code.--Except
as provided in paragraph (3), any individual who registers a
firearm under subsection (a) shall not be liable under chapter
53 or 75 of the Internal Revenue Code of 1986 for any violation
of such chapters which relates to such firearm and which
occurred before or concurrent with such registration.
(3) Transfer tax liability.--Paragraph (2) shall not affect
the liability of any individual for any transfer tax imposed
under section 5811 of the Internal Revenue Code of 1986.
(e) Forfeiture.--Any firearm registered under subsection (a) shall
not be subject to seizure or forfeiture under chapter 53 or 75 of the
Internal Revenue Code or chapter 44 of title 18, United States Code,
for any violation of such chapters which relates to such firearm and
which occurred before or concurrent with such registration.
(f) Definitions.--For purposes of this section:
(1) Amnesty period.--The term ``amnesty period'' means the
90-day period beginning on the date that is 90 days after the
date of the enactment of this Act.
(2) Firearm.--The term ``firearm'' has the meaning given
such term in section 5845 of the Internal Revenue Code of 1986,
except that such term does not include--
(A) any device described in subsection (f)(1) of
such section; or
(B) any combination of parts--
(i) designed or intended for use in
converting any device into a device described
in subparagraph (A); or
(ii) from which a device described in
subparagraph (A) may be readily assembled.
(3) Applicable veteran.--With respect to any firearm, the
term ``applicable veteran'' means the veteran described in
subsection (b)(1)(B).
(4) Veteran.--The term ``veteran'' has the meaning given
such term in section 101(2) of title 38, United States Code.
(5) Family.--The term ``family'' means, with respect to a
veteran, the grandparents of such veteran, the grandparents of
such veteran's spouse, the lineal descendants of such
grandparents, and any spouse of such a lineal descendant. A
spouse of an individual who is legally separated from such
individual under a decree of divorce or separate maintenance
shall be treated as such individual's spouse for purposes of
this paragraph. Individuals related by the half blood or by
legal adoption shall be treated as if they were related by the
whole blood for purposes of this paragraph.
(6) Continental united states.--The term ``continental
United States'' means the several States and the District of
Columbia, but does not include Alaska or Hawaii.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 3. TRANSFER OF MACHINEGUNS TO MUSEUMS.
Section 922(o)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) a transfer to or by, or possession by, a museum which
is open to the public and incorporated as a not-for-profit
corporation under applicable State law; or''. | Veterans' Heritage Firearms Act of 2002 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration.Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Waste Isolation
Pilot Plant Land Withdrawal Amendment Act''.
(b) Reference.--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 Waste
Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579).
SEC. 2. DEFINITIONS.
Section 2 is amended by striking paragraphs (11), (13), (18) and
(19).
SEC. 3. ACQUISITION OF EXISTING OIL AND GAS LEASES.
Section 4(b)(5)(B) is amended by striking ``the Administrator
determines, after consultation with the Secretary and the Secretary of
the Interior, that the acquisition of such leases by the Secretary is
required to comply with the final disposal regulations or with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)'' and inserting ``the
Secretary determined that acquisition of such leases are necessary for
the long-term protection of the WIPP''.
SEC. 4. TEST PHASE AND RETRIEVAL PLANS.
Section 5 is repealed.
SEC. 5. TEST PHASE ACTIVITIES.
Section 6 is amended--
(1) by striking subsections (a) and (b),
(2) in subsection (c) by striking ``(c) Limitations.--''
and all that follows through ``(B) Study.--'', and
redesignating subparagraphs (i), (ii), and (iii) as subsections
(a), (b), and (c) respectively, and
(3) by striking subsection (d).
SEC. 6. NON-DEFENSE WASTE.
Section 7(a) is amended by redesignating paragraph (3) as paragraph
(4) and by inserting after paragraph (2) the following:
``(3) Non-defense waste.--Within the capacity prescribed by
paragraph (4) and subject to other applicable restrictions,
WIPP may receive transuranic waste from the Secretary which did
not result from a defense activity but that is under the
control of the Secretary on the date of enactment of this
Act.''.
SEC. 7. REQUIREMENTS FOR COMMENCEMENT OF DISPOSAL OPERATIONS.
Section 7(b) is amended--
(1) by striking ``Requirements'' and inserting
``Requirement'',
(2) by striking ``The Secretary'' and all that follows and
inserting: ``The Secretary may begin the disposal phase after
the completion of the Administrator's review and certification
under section 8(d) that DOE's application reasonably addresses
the final disposal standards.''.
SEC. 8. SURVEY AND RECOMMENDATIONS REGARDING DISPOSAL.
At the end of section 7, insert the following new subsections:
``(c) Recommendations Regarding Disposal.--Within 3 years of
enactment of this Act, the Secretary shall submit to Congress
comprehensive recommendations for the disposal of all transuranic waste
under the control of the Secretary, including a timetable for the
disposal of such waste. The recommendations shall provide for
compliance with all agreements entered into by the Secretary regarding
the disposal of transuranic waste stored at Department of Energy
facilities. If the Secretary has completed other reports or timetables
which contain information required by this subsection, the Secretary
may incorporate the reports into the recommendations by reference.
``(d) Survey.--Within 3 years of enactment of this Act, the
Secretary shall complete, with notice and an opportunity for public
comment, a survey identifying all transuranic waste types at all sites
from which wastes are to be shipped to WIPP, and--
``(1) the results of such survey shall be made available to
the public and be provided to the Administrator; and
``(2) such survey shall not be subject to rulemaking or
judicial review. If the Secretary has completed other reports
or timetables which contain information required by this
subsection, the Secretary may incorporate the reports into the
recommendations by reference.''.
SEC. 9. CERTIFICATION.
(a) Section 8(c) is amended to read as follows:
``(c) Criteria for Certification of Compliance With Disposal
Regulations.--The Administrator, in reviewing the Secretary's
application submitted under subparagraph (A) shall limit such review to
consideration of the Secretary's methods used in compiling information
for the application. The Administrator shall disapprove the application
only if the Administrator finds through a preponderance of the evidence
in the record that the Secretary has failed to adequately address long-
term environmental and human-health related risks. The Administrator
shall not conduct an independent evaluation of the Secretary's analyses
used to evaluate long-term disposal system performance. The
Administrator's review of the application shall be limited to the
following criteria for certification of compliance with the final
disposal regulations:
``(1) Completeness of the application.--Whether or not the
Secretary's application addresses the topics mandated by the
final disposal standards and listed in the certification
criteria.
``(2) Reasonableness of the application.--If the
Secretary's application provides a reasonable, scientifically
sound approach to determining compliance with the final
disposal standards.
``(3) Quality of the application.--If the Secretary has
provided in the application objective evidence of quality. The
Administrator shall determine that the Secretary prepared the
application using a recognized national nuclear quality
standard.
``(4) Result of the application.--The Administrator shall
determine if the bounding assumptions made by the Secretary in
assessing long-term performance of the WIPP disposal system are
reasonable and that any conditions imposed are technically
feasible.''.
(b) Section 8(d) is amended by striking ``Disposal Regulations.--''
and inserting ``Certification.--''.
(c) Section 8(d)(1) is amended--
(1) in subparagraph (A) by striking ``Within 7 years of the
date of the first receipt of transuranic waste at WIPP, the''
and inserting ``The'',
(2) by amending subparagraph (B) to read as follows:
``(B) Certification by administrator.--Within 6
months of receipt of the application under subparagraph
(A) the Administrator shall review the application for
compliance with the final disposal regulations. The
application shall be deemed certified 6 months after
receipt of the application by the Administrator unless
the Administrator disapproves the application according
to the criteria set forth in subsection (c). The
Administrator shall issue any such disapproval by rule
pursuant to section 553 of title 5, United States Code,
and sections 556 and 557 of such title shall not
apply.'', and
(3) by striking subparagraph (D).
(d) Section 8(d)(2) is amended to read as follows:
``(2) Incremental submission of application for
compliance.--Within 30 days after the passage of this bill, the
Secretary shall provide to Congress a schedule for the
incremental submission of the final version of chapters of the
application to the Administrator. The Secretary shall notify
Congress of the submission of such chapters. The Administrator
shall review the submitted chapters according to the criteria
in subsection (c) and provide requests for additional
information for the Secretary only if the administrator makes a
prima facie showing that the information is needed to avoid a
rejection of the application under the criteria. The
Administrator shall provide comments within 45 days of receipt
of each chapter, and the Administrator shall notify Congress
when comments are provided to the Secretary under this
subparagraph. The Administrator shall be prohibited from
rejecting the final application submitted under paragraph
(1)(A) upon grounds that the Administrator did not raise under
this section if the Administrator knew or could have reasonably
anticipated the grounds for the rejection. The comments or
failure to comment of the Administrator under this subparagraph
shall not be a final agency action for purposes of the
Administrative procedures Act.''.
(e) Section 8(d)(3) is repealed.
SEC. 10. ENGINEERED BARRIERS.
Section 8(g) is amended to read as follows:
``(g) Engineered and Natural Barriers, etc.--The Secretary shall
determine whether or not engineered barriers, or both, will be required
at WIPP to comply with regulations published as part 191 of 40
C.F.R.''.
SEC. 11. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.
Section 9 is amended--
(1) in subsection (a)(1)(C) by inserting after ``et seq.)''
the following: ``, except that the Secretary shall not be
required to comply with the requirements of 42 U.S.C.
6924(d)'',
(2) in subsection (a) by striking ``In General.--(1)'' and
renumbering subparagraphs (A) through (H) as paragraphs (1)
through (8) respectively,
(3) in subsection (a) by striking paragraphs (2)(3),
(4) by striking subsections (b), and (c), and
(5) by redesignating subsection (d) as subsection (b) and
inserting after ``7401 et seq.)'' the following: ``, except
that the Secretary shall not be required to comply with the
requirements of 42 U.S.C. 6924(d).''.
SEC. 12. RETRIEVABILITY.
Section 10 is amended to read as follows:
``SEC. 10. DISPOSAL OF TRANSURANIC WASTE.
``It is the intent of Congress that, after the completion of the
administrator's review and certification under section 8(d), the
Secretary will begin the disposal phase no later than June 30, 1997.''.
SEC. 13. DECOMMISSIONING OF WIPP.
Section 13 is amended--
(1) by repealing subsection (a), and
(2) in subsection (b), by striking ``(b) Management Plan
for the Withdrawal After Decommissioning.--Within 5 years after
the date of the enactment of this Act, the'' and inserting
``The''.
SEC. 14. SAVINGS PROVISIONS.
Section 14 is amended in subsection (b)(2) by striking ``including
all terms and conditions of the No-Migration Determination'' and
inserting ``except that the Administrator and the State shall not
enforce, and the Secretary shall not be obligated to comply with, the
requirements of 42 U.S.C. 6924(d)''.
SEC. 15. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.
Section 15(a) is amended--
(1) by striking ``to the Secretary for payments to the
State $20,000,000 for each of the 15 fiscal years beginning
with the fiscal year in which the transport of transuranic
waste to WIPP is initiated'' and inserting ``to the State
$20,000,000 for each of the 15 fiscal years beginning with the
date of the enactment of the Waste Isolation Pilot Plant Land
Withdrawal Amendment Act'', and
(2) by adding at the end the following: ``An appropriation
to the State shall be in addition to any appropriation for
WIPP.''. | Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal definitions relating to: (1) no-migration determination; (2) retrieval; and (3) test-phase and test-phase activities.
(Sec. 3) Declares that existing rights under specified oil and gas leases shall not be affected unless the Secretary of Energy determines that acquisition of such leases is necessary for the long-term protection of the Waste Isolation Pilot Plant (WIPP) (currently, unless lease acquisition is required to comply with final disposal regulations or with the Solid Waste Disposal Act).
(Sec. 4) Repeals the mandate for test phase and retrieval plans, and the attendant performance assessment report.
(Sec. 6) Authorizes the WIPP to receive from the Secretary transuranic waste which did not result from a defense activity but that is under the Secretary's control on the date of enactment of this Act.
(Sec. 7) Revises the requirements for commencement of disposal operations to authorize the Secretary to begin the disposal phase after review and certification by the Administrator of the Environmental Protection Agency (the Administrator) that Department of Energy's (DOE) application reasonably addresses final disposal standards.
(Sec. 8) Directs the Secretary to submit transuranic waste disposal recommendations and surveys to the Congress.
(Sec. 9) Prescribes criteria under which the Administrator shall certify compliance with disposal regulations. States that the Administrator shall disapprove DOE's application only upon finding that the preponderance of evidence shows that the Secretary has failed to adequately address long-term environmental and human-health related risks. Precludes the Administrator from conducting an independent evaluation of the analyses used to evaluate long-term disposal system performance.
(Sec. 10) Instructs the Secretary to determine whether or not engineered barriers, or both (sic), will be required to comply with specified Federal regulations. (Current law requires the use of both engineered and natural barriers.)
(Sec. 11) Exempts the Secretary from complying with certain Solid Waste Disposal Act proscriptions against land disposal of specified wastes. Repeals the mandate for: (1) periodic oversight and compliance determination by the Administrator and the State of New Mexico (the State); and (2) determination of noncompliance during disposal and decommissioning phases.
(Sec. 12) Repeals retrievability requirements. Declares that it is the intent of the Congress that after completion of the Administrator's review and certification under this Act, the Secretary will begin the disposal phase by June 30, 1997.
(Sec. 13) Repeals the mandate for: (1) a WIPP decommissioning plan; and (2) the deadline for the Secretary to develop a management plan for the Withdrawal.
(Sec. 15) Revises authorization of appropriations guidelines to authorize payments directly to the State instead of to the Secretary for subsequent payments to the State. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetic Foot Complication and Lower
Extremity Amputation Reduction Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is estimated that there are 17,000,000 patients with
diabetes in the United States and that diabetes costs the
United States $132,000,000,000 each year.
(2) There has been a 61 percent increase in the number of
Americans with diabetes since 1990.
(3) Fifteen percent of people with diabetes will experience
a foot ulcer, and between 14 and 24 percent of those with a
foot ulcer will require an amputation.
(4) The increased incidence of diabetes has resulted in
more lower extremity amputations. From 1980 to 1996, the number
of diabetes-related hospital discharges with lower extremity
amputations increased from 36,000 to 86,000 per year.
(5) The Medicare costs for diabetes patients with foot
ulcers is 3 times higher than for diabetes patients in general,
and inpatient care accounts for 74 percent of diabetic ulcer-
related costs. Therefore, cost effective ulcer prevention and
treatment interventions will reduce Medicare costs.
(6) Lower extremity amputations are devastating to the
patient, and with an average cost of $60,000, these procedures
are a costly burden on the health system.
(7) Research shows that a multidisciplinary approach,
including preventive strategies, patient and staff education,
and treatment of foot ulcers, has been reported to reduce
amputation rates by more than 50 percent at a fraction of the
cost.
SEC. 3. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING
DIABETIC FOOT COMPLICATIONS.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 330K the following:
``SEC. 330L. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING
DIABETIC FOOT COMPLICATIONS.
``(a) Grants.--Subject to subsection (b), the Secretary shall award
grants to eligible entities for the following:
``(1) Providing a high-risk, underserved population with
screening, education, and evidence-based medical treatment
regarding diabetic foot complications that may lead to lower
extremity amputations.
``(2) Evaluating the quality, cost effectiveness, parity,
and patient satisfaction of medical interventions in the
prevention of diabetic foot complications and lower extremity
amputations.
``(b) Restriction.--A grant under this section may be used to pay
for a treatment only if the treatment is preventive in nature or is
part of comprehensive outpatient care.
``(c) Eligible Entities.--For purposes of this section, the term
`eligible entity' means a multidisciplinary health care program, which
may be university-based, that demonstrates to the Secretary's
satisfaction the following:
``(1) An ability to provide high-quality, cost-effective,
and accessible treatment to a patient population that has a
high incidence of diabetes relative to the national average and
a general inability to access diabetic foot treatment programs.
``(2) An ability to successfully educate patients and
health care providers about preventive health care measures and
treatment methods for diabetic foot complications.
``(3) An ability to analyze and compile the results of
research on diabetic foot complications and conduct additional
research on diabetic foot complications.
``(d) Criteria.--The Secretary, in consultation with appropriate
professional organizations, shall develop criteria for carrying out the
grant program under this section and for collecting data to evaluate
the effectiveness of the grant program. These criteria shall ensure the
following:
``(1) The establishment of an authoritative, collaborative,
multi-center study on the impact of comprehensive prevention
and treatment of diabetic foot complications in high-risk,
underserved populations, upon which future determinations can
be based.
``(2) The establishment, in coordination with grant
recipients, of evidence-based guidelines and standardized
measurement outcomes that may be used to evaluate the overall
results of projects under this section.
``(3) The provision to grant recipients of the necessary
resources to develop programs that effectively treat patients.
``(e) Application.--To seek a grant under this section, an eligible
entity must submit an application to the Secretary in such form, in
such manner, and containing such information as the Secretary may
require.
``(f) Evaluations.--The Secretary may not award a grant to an
eligible entity under this section unless the entity agrees to submit
to the Secretary a yearly evaluation of the entity's operations and
activities carried out under the grant.
``(g) Study; Report.--Annually, the Secretary--
``(1) shall conduct an authoritative study on the results
of grants under this section, for the purpose of better
informing future determinations regarding education, screening,
and treatment of diabetic foot complications; and
``(2) shall submit a report on the findings and conclusions
of the study to the Congress.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for fiscal year 2004 and such sums as may be necessary for each of
fiscal years 2005 through 2008.''. | Diabetic Foot Complication and Lower Extremity Amputation Reduction Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to eligible multidisciplinary health care programs for education, screening, and treatment respecting diabetic foot complications and lower extremity amputations. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1975, title XX of the Social Security Act (42
U.S.C. 1397 et seq.), commonly referred to as the Social
Services Block Grant (in this section referred to as ``SSBG''),
has authorized funding for social services to ensure that at-
risk children and families, the elderly, and physically and
mentally disabled individuals remain stable, independent, and
economically self sufficient. In 1981, Congress and the Reagan
Administration converted SSBG into a block grant designed to
give maximum flexibility to States to serve these fundamental
purposes.
(2) Funds provided under the SSBG focus cost-effective
support at the community level that prevents the need for
inappropriate institutional care which is more costly for
Federal and State programs such as the medicaid, medicare, and
the social services disability benefits programs.
(3) The SSBG helps to further the goals set forth in the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2105) by supporting
Temporary Assistance to Needy Families (TANF) and support-
related programs such as on-the-job training, child care,
transportation, counseling, and other services that facilitate
long-term family stability and economic self sufficiency.
(4) The SSBG provides essential funding to many States for
child welfare services that support the goals of the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115) to promote a safe family environment and encourage
adoption to move children into stable and permanent families.
(5) The SSBG helps promote independent living for
vulnerable and low-income elderly individuals by supporting
home care services, including home-delivered meals, adult
protective services, adult day care, and other essential case
management services provided in every State.
(6) It is reported that 820,000 older Americans are abused
and neglected in this country each year. There are additional
concerns about the under reporting of elderly abuse and
neglect. The SSBG supports adult protective services that
prevent widespread abuse and neglect of older Americans and
help more than 651,000 elderly individuals in 31 States.
(7) More than 570,000 disabled individuals receive a range
of community-based services and supports nationwide. The SSBG
provides significant resources to fill the funding gaps in the
developmental disabilities system by supporting such services
as early intervention and crisis intervention, adult day care,
respite care, transportation, employment training, and
independent living services in 38 States.
(8) The SSBG supports essential mental health and related
services to ensure that vulnerable adults and children receive
early intervention to prevent more serious and costly mental
health crises in the future. Such services include the
provision of counseling to almost 400,000 adults and children,
case management services for nearly 900,000 families, and the
provision of information and referral assistance to more than
1,300,000 individuals.
(9) There are nearly 3,000,000 reports of child abuse and
neglect each year. There are currently over 300,000 children in
the American foster care system. The SSBG enables the provision
of child protective services to 1,300,000 children, adoption
services to over 150,000 children and families, and prevention
and intervention services to more than 700,000 families.
(10) The SSBG has been eroded by more than $1,000,000,000
over the last 6 years resulting in cuts in services in many
States and local communities.
(11) Temporary Assistance to Needy Families (TANF) block
grants cannot be used to make up cuts to the SSBG because a
large percentage of SSBG funds are used for the elderly,
disabled, and other populations that are ineligible for TANF
funds.
(12) The 104th Congress made a commitment to the SSBG in
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 by authorizing the program at $2,380,000,000
through fiscal year 2002 and returning the authorization for
the program to $2,800,000,000 in fiscal year 2003 and each
succeeding fiscal year.
SEC. 2. RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF
FUNDS TO THE SOCIAL SERVICES BLOCK GRANT FOR FISCAL YEAR
2002.
(a) In General.--Section 404(d)(2)(B) of the Social Security Act
(42 U.S.C. 604(d)(2)(B)) is amended to read as follows:
``(B) Applicable percent.--For purposes of
subparagraph (A), the applicable percent is--
``(i) 10 percent in the case of fiscal year
2001; and
``(ii) 10 percent in the case of fiscal
year 2002.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 3. RESTORATION OF FUNDS FOR THE SOCIAL SERVICES BLOCK GRANT.
(a) In General.--Section 2003(c) of the Social Security Act (42
U.S.C. 1397b(c)) is amended by striking paragraphs (10) and (11) and
inserting the following:
``(10) $1,775,000,000 for the fiscal year 2000;
``(11) $1,725,000,000 for the fiscal year 2001; and
``(12) $2,380,000,000 for the fiscal year 2002.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 4. REQUIREMENT TO SUBMIT ANNUAL REPORT ON STATE ACTIVITIES.
(a) In General.--Section 2006(c) of the Social Security Act (42
U.S.C. 1397e(c)) is amended by adding at the end the following: ``The
Secretary shall compile the information submitted by the States and
submit that information to Congress on an annual basis.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to information submitted by States under section 2006 of the Social
Security Act (42 U.S.C. 1397e) with respect to fiscal year 2000 and
each fiscal year thereafter. | Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to restore the authority of States to transfer up to ten percent of TANF funds to carry out State programs pursuant to SSA title XX (Block Grants to States for Social Services) for FY 2002.Amends SSA title XX to: (1) restore funds to States and territories for FY 2001 and 2002; and (2) require the Secretary of Health and Human Services to compile information on State activities carried out under SSA title XX and report it annually to Congress. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greenhouse Gas Registry Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Carbon dioxide equivalent.--The term ``carbon dioxide
equivalent'' means, for each greenhouse gas, the quantity of
the greenhouse gas that the Administrator determines, pursuant
to section 4, makes the same contribution to global warming as
1 metric ton of carbon dioxide.
(3) Climate registry.--The term ``Climate Registry'' means
the greenhouse gas emission registry jointly established and
managed by more than 40 States and Indian tribes to collect
greenhouse gas emission data from entities to support various
greenhouse gas emission reporting and reduction policies for
the member States and Indian tribes.
(4) Covered entity.--The term ``covered entity'' means, for
each calendar year--
(A) a facility within the electric power sector
that contains a fossil fuel-fired electricity
generating unit or units that together emit more than
10,000 carbon dioxide equivalents of greenhouse gas in
that year;
(B) an industrial facility that emits more than
10,000 carbon dioxide equivalents of greenhouse gas in
that year;
(C) a facility that produces, or an entity that
imports or exports, in that year refined or semirefined
petroleum-based, or coal-based, liquid fuel;
(D) a local distribution company that in that year
delivers natural gas;
(E) to the extent that the Administrator considers
necessary to achieve the purposes described in section
3, an entity selling or distributing electric energy or
an independent system operator;
(F) a facility that produces for sale or
distribution, or an entity that imports, in that year
more than 10,000 carbon dioxide equivalents of
hydrofluorocarbons, perfluorocarbons, sulfur
hexafluoride, any other anthropogenic gas designated by
the Administrator as a greenhouse gas under section 5,
or any combination thereof;
(G) a site at which carbon dioxide is geologically
sequestered on a commercial scale; and
(H) any other entity that the Administrator
determines is appropriate in order to carry out the
purposes set forth in section 3.
(5) Facility.--The term ``facility'' means one or more
buildings, structures, or installations of an entity on one or
more contiguous or adjacent properties located in the United
States.
(6) Geologically sequestered.--The term ``geologically
sequestered'' means the isolation of greenhouse gases, without
reversal, in geological formations, as determined by the
Administrator.
(7) Greenhouse gas.--The term ``greenhouse gas'' means any
of--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) sulfur hexafluoride;
(E) a hydrofluorocarbon;
(F) a perfluorocarbon; or
(G) any other anthropogenic gas designated by the
Administrator as a greenhouse gas under section 5.
(8) Greenhouse gas emission.--The term ``greenhouse gas
emission'' means an emission of a greenhouse gas, including--
(A) stationary combustion source emissions emitted
as a result of combustion of fuels in stationary
equipment, such as boilers, furnaces, burners,
turbines, heaters, incinerators, engines, flares, and
other similar sources;
(B) process emissions consisting of emissions from
chemical or physical processes other than combustion;
(C) fugitive emissions consisting of intentional
and unintentional emissions from equipment leaks, such
as joints, seals, packing, and gaskets, or from piles,
pits, cooling towers, and other similar sources; and
(D) biogenic emissions resulting from biological
processes, such as anaerobic decomposition,
nitrification, and denitrification.
(9) Industrial facility.--The term ``industrial facility''
means--
(A) any facility in the manufacturing sector (as
defined in North American Industrial Classification
System codes 31, 32, and 33);
(B) any natural gas processing plant; and
(C) any other facility that produces petroleum-
based or coal-based liquid fuel.
(10) Local distribution company.--The term ``local
distribution company'' has the meaning given that term in
section 2(17) of the Natural Gas Policy Act of 1978 (15 U.S.C.
3301(17)).
(11) Reversal.--The term ``reversal'' means an intentional
or unintentional release to the atmosphere of a significant
quantity, as determined by the Administrator, of greenhouse gas
that was sequestered.
(12) Sequestered.--The term ``sequestered'' means the
separation, isolation, or removal of greenhouse gases from the
atmosphere, as determined by the Administrator.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish a Federal greenhouse gas registry that--
(A) is national in scope;
(B) is complete, consistent, and transparent; and
(C) will collect reliable and accurate data that
can be used by public and private entities to design
and implement efficient and effective energy security
initiatives and greenhouse gas emission reduction
strategies, including a mandatory, multisector
emissions trading scheme or emissions reduction
program; and
(2) to provide the Administrator better direction and
clarity than has been provided in previous laws with respect to
the United States need for greenhouse gas emission information.
SEC. 4. DETERMINATION OF CARBON DIOXIDE EQUIVALENT VALUE OF GREENHOUSE
GASES.
(a) Initial Determination.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall--
(1) determine the quantity of each greenhouse gas that
makes the same contribution to global warming as 1 metric ton
of carbon dioxide; and
(2) publish such determination in the Federal Register.
(b) Methodology.--In determining the quantity of a gas that makes
the same contribution to global warming as 1 metric ton of carbon
dioxide under this section or section 5, the Administrator shall take
into account publications by the Intergovernmental Panel on Climate
Change or a successor organization under the United Nations.
SEC. 5. DESIGNATION OF GREENHOUSE GASES.
The Administrator shall--
(1) designate as a greenhouse gas, for purposes of this
Act, any directly emitted anthropogenic gas that is included in
the Inventory of United States Greenhouse Gases and Sinks, 1
metric ton of which makes the same or greater contribution to
global warming as 1 metric ton of carbon dioxide, as determined
by the Administrator; and
(2) publish, and update as necessary, in the Federal
Register such designation, including the quantity of the gas
that the Administrator determines makes the same contribution
to global warming as 1 metric ton of carbon dioxide.
SEC. 6. REPORTING OF GREENHOUSE GASES.
Not later than July 1, 2011, and annually thereafter, each covered
entity shall report to the Administrator the greenhouse gas emissions
of the covered entity for the prior calendar year, in accordance with
the regulations issued under section 7.
SEC. 7. REGULATIONS.
(a) In General.--Not later than July 1, 2009, the Administrator
shall issue regulations establishing a Federal greenhouse gas registry
that achieves the purposes described in section 3. Such regulations
shall--
(1) ensure the completeness, consistency, transparency,
accuracy, precision, and reliability of data submitted by
covered entities on--
(A) greenhouse gas emissions in the United States;
and
(B) the production and manufacture in the United
States, and importation into the United States, of
fuels and other products the uses of which result in
greenhouse gas emissions;
(2) take into account the best practices from the most
recent Federal, State, tribal, and international protocols for
the measurement, accounting, reporting, and verification of
greenhouse gas emissions, including protocols from the Climate
Registry and other mandatory State or multistate authorized
programs;
(3) take into account the latest scientific research;
(4) require that, wherever feasible, submitted data are
monitored using monitoring systems for fuel use, fuel flow, or
emissions, such as continuous emission monitoring systems or
systems of equivalent precision, reliability, accessibility,
and timeliness;
(5) require that, if a covered entity is already using a
continuous emission monitoring system to monitor mass
greenhouse gas emissions under a provision of law in effect as
of the date of enactment of this Act that is consistent with
this Act, that system be used to monitor submitted data;
(6) require reporting at least annually, beginning with
reporting on the emission of greenhouse gases during calendar
year 2010;
(7) include methods for minimizing double reporting and
avoiding irreconcilable double reporting of greenhouse gas
emissions;
(8) include protocols to prevent covered entities from
avoiding reporting requirements;
(9) include strict protocols for verification of submitted
data;
(10) establish a means for electronic reporting;
(11) ensure verification and auditing of submitted data;
(12) establish consistent policies for calculating carbon
content and greenhouse gas emissions for each type of fossil
fuel reported;
(13) provide for immediate public dissemination on the
Internet of all verified data reported under this Act that are
not--
(A) vital to the national security of the United
States, as determined by the President; or
(B) confidential business information that cannot
be derived from information that is otherwise
publically available and that would cause significant
calculable competitive harm if published (except that
information relating to greenhouse gas emissions shall
not be considered to be confidential business
information); and
(14) prescribe methods by which the Administrator shall, in
cases in which satisfactory data are not submitted to the
Administrator for any period of time--
(A) replace the missing data with a best estimate
of emission levels that may have occurred during the
period for which data are missing, in order to ensure
that emissions are not underreported or overreported
and to create a strong incentive for meeting data
monitoring and reporting requirements; and
(B) take appropriate enforcement action.
(b) Information Gathering Authorities.--For purposes of carrying
out this Act and the regulations under this section, the Administrator
shall have the same authority as the Administrator has under section
114 of the Clean Air Act.
SEC. 8. INTERRELATIONSHIP WITH OTHER SYSTEMS.
(a) In General.--The regulations issued under section 7 shall take
into account the work done by the Climate Registry and other mandatory
State or multistate authorized programs, and shall explain the major
differences in approach between the system established under the
regulations and the respective registries or programs.
(b) No Preemption.--Nothing in this Act preempts any State or
regional greenhouse gas registry efforts.
SEC. 9. ENFORCEMENT.
(a) Civil Actions.--The Administrator may bring a civil action in a
United States district court against any entity that fails to comply
with any requirement promulgated pursuant to section 7.
(b) Penalty.--Any person that has violated or is violating
regulations promulgated pursuant to section 7 shall be subject to a
civil penalty of not more than $25,000 per day for each violation.
(c) Penalty Adjustment.--For each fiscal year after the fiscal year
in which this Act is enacted, the Administrator shall, by regulation,
adjust the penalty specified in subsection (b) to reflect changes for
the 12-month period ending the preceding November 30 in the Consumer
Price Index for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
SEC. 10. EFFECT ON OTHER PROVISIONS.
Nothing in this Act, or regulations issued pursuant to this Act,
shall affect or be construed to affect the regulatory status of carbon
dioxide or any other greenhouse gas, or to expand or limit regulatory
authority regarding carbon dioxide or any other greenhouse gas, for
purposes of the Clean Air Act. The previous sentence shall not affect
implementation and enforcement of this Act. | Greenhouse Gas Registry Act - Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) determine and publish the quantity of each greenhouse gas (GHG) that makes the same contribution to global warming as one metric ton of carbon dioxide; and (2) designate as a GHG any directly emitted anthropogenic gas that is included in the Inventory of the United States Greenhouse Gases and Sinks, one metric ton of which makes the same or greater contribution to global warming as one metric ton of carbon dioxide. Directs each covered entity to report to the Administrator its GHG emissions for the prior calendar year.
Directs the Administrator to issue regulations establishing a federal GHG registry. Specifies that such regulations shall: (1) ensure accuracy and reliability of data submitted; (2) take into account best practices for measuring, accounting, reporting, and verifying GHG emissions and the latest scientific research; (3) require that submitted data are monitored using monitoring systems for fuel use, fuel flow, or emissions, wherever feasible; (4) require annual reporting on the emission of GHGs; (5) establish consistent policies for calculating carbon content and GHG emissions for each type of fossil fuel reported; (6) provide for immediate public dissemination of data reported, with certain exceptions; and (7) take into account the work done by the Climate Registry and other mandatory state or multistate authorized programs and explain the major differences in approach between the system established under the regulations and the respective registries or programs. Provides that nothing in this Act preempts any state or regional GHG registry efforts.
Authorizes the Administrator to bring a civil action against entities that fail to comply with this Act's requirements. Sets forth civil penalties for violations. |
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SECTION 1. UNITED STATES PENSION PLANS.
(a) Findings.--Congress finds the following:
(1) The United States and the international community face
no greater threat to their security than the prospect of rogue
regimes who support international terrorism obtaining weapons
of mass destruction, and particularly nuclear weapons.
(2) Iran is the leading state sponsor of international
terrorism and is close to achieving nuclear weapons capability
but has paid no price for nearly 20 years of deception over its
nuclear program. Foreign entities that have invested in Iran's
energy sector, despite Iran's support of international
terrorism and its nuclear program, have afforded Iran a free
pass while many United States entities have unknowingly
invested in those same foreign entities.
(3) United States investors have a great deal at stake in
preventing Iran from acquiring nuclear weapons.
(4) United States investors can have considerable influence
over the commercial decisions of the foreign entities in which
they have invested.
(b) Publication in Federal Register.--Not later than six months
after the date of the enactment of this Act and every six months
thereafter, the President shall ensure publication in the Federal
Register of a list of all United States and foreign entities that have
invested more than $20,000,000 in Iran's energy sector between August
5, 1996, and the date of such publication. Such list shall include an
itemization of individual investments of each such entity, including
the dollar value, intended purpose, and current status of each such
investment.
(c) Disclosure to Investors.--
(1) In general.--Not later than 30 days after the date of
publication of a list in the relevant Federal Register under
subsection (b), managers of United States Government pension
plans or thrift savings plans, managers of pension plans
maintained in the private sector by plan sponsors in the United
States, and managers of mutual funds sold or distributed in the
United States shall notify investors that the funds of such
investors are invested in an entity included on the list and
that the funds will be divested from such investments. Such
notification shall contain the following information:
(A) The name or other identification of the entity.
(B) The amount of the investment in the entity.
(C) The potential liability to the entity if
sanctions are imposed by the United States on Iran or
on the entity.
(D) The potential liability to investors if such
sanctions are imposed.
(E) The measures being undertaken by the managers
to divest from such investments.
(2) Follow-up notification.--
(A) In general.--Except as provided in subparagraph
(C), in addition to the notification required under
paragraph (1), such managers shall also include such
notification in every prospectus and in every regularly
provided quarterly, semi-annual, or annual report
provided to investors, if the funds of such investors
are invested in an entity included on the list.
(B) Contents of notification.--The notification
described in subparagraph (A) shall be displayed
prominently in any such prospectus or report and shall
contain the information described in paragraph (1).
(C) Good-faith exception.--If, upon publication of
a list in the relevant Federal Register under
subsection (b), such managers verifiably divest all
investments of such plans or funds in any entity
included on the list and such managers do not initiate
any new investment in any other such entity, such
managers shall not be required to include the
notification described in subparagraph (A) in any
prospectus or report provided to investors.
(d) Divestiture From Iran.--Upon notification under subsection (c),
managers of United States Government pension plans or thrift savings
plans, shall take, to the extent consistent with the legal and
fiduciary duties otherwise imposed on them, immediate steps to divest
all investments of such plans or funds in any entity included on the
list.
(e) Sense of Congress Relating to Further Divestiture From Iran.--
It is the sense of Congress that upon publication of a list in the
relevant Federal Register under subsection (b), managers of pension
plans maintained in the private sector by plan sponsors in the United
States and managers of mutual funds sold or distributed in the United
States should take immediate steps to divest all investments of such
plans or funds in any entity included on the list.
(f) Prohibition on Future Investment.--Upon publication of a list
in the relevant Federal Register under subsection (b), there shall be,
to the extent consistent with the legal and fiduciary duties otherwise
imposed on them, no future investment in any entity included on the
list by managers of United States Government pension plans or thrift
savings plans, managers of pension plans maintained in the private
sector by plan sponsors in the United States, or managers of mutual
funds sold or distributed in the United States.
SEC. 2. REPORT BY OFFICE OF GLOBAL SECURITY RISKS.
Not later than 30 days after the date of publication of a list in
the relevant Federal Register under section 1(b), the Office of Global
Security Risks within the Division of Corporation Finance of the United
States Securities and Exchange Commission shall issue a report
containing a list of the United States and foreign entities identified
in accordance with such section, a determination of whether or not the
operations in Iran of any such entity constitute a political, economic,
or other risk to the United States, and a determination of whether or
not the entity faces United States litigation, sanctions, or similar
circumstances that are reasonably likely to have a material adverse
impact on the financial condition or operations of the entity.
SEC. 3. SUNSET.
This Act shall terminate 30 days after the date on which:
(1) the President has certified to Congress that the
Government of Iran has ceased providing support for acts of
international terrorism and no longer satisfies the
requirements for designation as a state-sponsor of terrorism
for purposes of section 6(j) of the Export Administration Act
of 1979, section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, or any other
provision of law; and
(2) Iran has permanently ceased the pursuit, acquisition,
and development of nuclear, biological, and chemical weapons
and missiles. | Directs the President to publish in the Federal Register a list of all U.S. and foreign entities that have invested more than $20 million in Iran's energy sector (including an itemization of individual investments of such entities) between August 5, 1996, and the date of such publication.
Requires managers of federal and private pension plans or thrift savings plans and managers of mutual funds sold or distributed in the United States to: (1) notify investors that their funds are invested in entities included on the list; and (2) take immediate steps, upon notification or publication of such list, to divest all investments of such plans or funds in such entities.
Prohibits, upon such publication, future investment in any entity included on the list by managers of such plans or funds.
Requires the Office of Global Security Risks within the Division of Corporation Finance of the U.S. Securities and Exchange Commission to issue a report on the entities identified on the list, including a determination of whether or not: (1) their operations in Iran constitute a risk to the United States; and (2) such entities face U.S. litigation, sanctions, or similar circumstances that may have a material adverse impact on their financial conditions or operations.
Terminates this Act 30 days after which: (1) the President certifies to Congress that Iran has ceased support for international terrorism; and (2) Iran has permanently ceased acquisition and development of weapons of mass destruction. |
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be referred to as the ``Chimney Rock
National Monument Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of Chimney Rock National Monument.
Sec. 5. Limitations on effect and scope of Act.
Sec. 6. Management and use of National Monument.
Sec. 7. Development of management plan.
Sec. 8. Acquisition of land.
Sec. 9. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chimney Rock in Southwestern Colorado contains
nationally significant archeological, geologic, biological,
cultural, educational, recreational, visual, and scenic value.
(2) The unique, thousand-year-old Ancestral Puebloan
community located beneath the prominent Chimney Rock Pinnacles,
with its dramatic 360 degree view of the surrounding landscape,
provides an outstanding opportunity to enhance understanding
and appreciation of the prehistory of North America and the
accomplishments of Native American cultures during that period.
(3) The Chimney Rock Ancestral Puebloan community is one of
the largest Pueblo II period (900-1150 AD) communities in
southwestern Colorado and one of the finest examples of a
Chacoan system ``Outlier''. The Chacoan system was a complex
system of interdependent communities bound by economic, social,
political, and religious relationships. Chimney Rock contains
many outstanding hallmarks of the Chacoan system and
significant archeological resources of other periods.
(4) The design of the Chimney Rock Ancestral Puebloan
community incorporates Ancestral Puebloan knowledge of
astronomy. The twin Chimney Rock Pinnacles, for example, appear
to have served as a frame for viewing astronomical alignments.
(5) Ancestral Puebloan culture is part of the heritage of
many Southwestern Indian cultures, and has influenced the
culture, art and architecture of the Western United States.
(6) The Chimney Rock Ancestral Puebloan community has
special value for the Puebloan and Tribal people of today.
(7) Chimney Rock provides a dramatic record of geological
and astronomical time.
(8) Chimney Rock is a natural laboratory that provides
exceptional opportunities for scientific study in the fields of
geology, ecology, prehistoric archeology, and the ways in which
they interrelate.
(9) Chimney Rock provides abundant opportunities to enhance
the understanding and appreciation by the public of the
achievements and ways of life of the Ancestral Puebloans, in a
rugged and spectacular landscape.
(10) Chimney Rock has long been maintained through
community care and management. Volunteers and volunteer
organizations have provided outstanding educational and
interpretive programs and site stewardship, and have encouraged
academic scientific investigation.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Secretary'' means the Secretary of
Agriculture; and
(2) the term ``National Monument'' means the Chimney Rock
National Monument.
SEC. 4. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.
(a) Establishment.--In order to preserve, protect, and restore the
archeological, anthropological, geologic, hydrologic, biological,
visual, and scenic resources of Chimney Rock, and to enable the public
(to the extent consistent with the preceding purposes) to fully realize
the scientific, cultural, educational, recreational, visual, and scenic
value of those resources, there is hereby designated the Chimney Rock
National Monument.
(b) Lands and Interests in Land Included in National Monument.--
(1) Lands and interests in land within certain
boundaries.--The National Monument shall consist of all Federal
lands and interests in lands located within its boundaries. The
boundaries of the National Monument shall be the boundaries
depicted on the map entitled ``Boundary Map, Chimney Rock
National Monument'', dated November 24, 2009, as adjusted
pursuant to paragraph (2).
(2) Adjustment of boundaries.--
(A) Inclusion of archeological resources.--The
Secretary may make minor adjustments to the boundaries
of the National Monument to include significant
archeological resources discovered on public land
adjacent to the National Monument after the date of the
enactment of this Act.
(B) Inclusion of acquired lands and interests.--The
Secretary shall adjust the boundaries of the National
Monument to include any land or interest in land
acquired under section 8.
(3) Legal descriptions and map.--
(A) Preparation and submission of legal
descriptions.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall use the
map referred to in paragraph (1) to prepare legal
descriptions of the boundaries of the National
Monument. The Secretary shall submit the legal
descriptions to the Committee on Natural Resources and
the Committee on Agriculture of the House of
Representatives and to the Committee on Energy and
Natural Resources and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(B) Availability of map for public inspection.--The
Secretary shall make the map referred to in paragraph
(1) available for public inspection in appropriate
offices of the United States Forest Service.
(C) Correction of clerical and typographical
errors.--The Secretary may correct clerical and
typographical errors in the legal descriptions and map
referred to in subparagraph (A) and paragraph (1),
respectively.
(c) Designation of Manager.--The Secretary shall designate an
individual as manager of the National Monument as soon as practicable
after development of the management plan under section 7(a).
SEC. 5. LIMITATIONS ON EFFECT AND SCOPE OF ACT.
(a) No Interference With Property Rights.--No provision of this Act
shall interfere with the following:
(1) The property rights of any Indian reservation.
(2) Property rights in any individually held trust lands or
other Indian allotments.
(3) Any interest in land held by the State of Colorado or
by any political subdivision or special district of the State
of Colorado.
(4) Any private property rights in property adjacent to the
National Monument.
(5) The fish and wildlife rights of the State of Colorado
or any tribal government.
(b) Scope of Act.--No provision of this Act--
(1) grants the Secretary new authority over non-Federal
lands; or
(2) creates any Federal reserved water rights.
SEC. 6. MANAGEMENT AND USE OF NATIONAL MONUMENT.
(a) Management and Authorization of Uses.--The Secretary shall
manage and authorize uses of the National Monument (including any use
under subsection (c)) as a unit of the San Juan National Forest in
conformance with the following:
(1) The purposes described in section 4(a).
(2) The management plan developed under section 7(a).
(3) Public Law 96-550 (16 U.S.C. 410ii et seq.).
(4) The Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.).
(5) The policy expressed in the American Indian Religious
Freedom Act (42 U.S.C. 1996).
(6) Treaties providing for nonexclusive access to the
National Monument by Indians for traditional and cultural
purposes.
(b) Vegetation Management.--The Secretary may carry out vegetative
management treatments within the National Monument, except that timber
harvest and the use of prescribed fire may only be used when the
Secretary determines it necessary to address the risk of wildfire,
insects, or diseases that would endanger the National Monument or
imperil public safety.
(c) Authorized Uses.--All uses of the National Monument other than
those authorized by the Secretary shall be prohibited. Authorized uses
of the National Monument may include the following:
(1) Construction of a visitor's center and related exhibit
and curatorial facilities to interpret the scientific and
cultural resources of the National Monument for the benefit of
the general public.
(2) Scientific research (including archeological research)
and educational and interpretive uses.
(3) Acquisition, consolidation, and display of artifacts
found within the National Monument.
(4) The recreational and administrative use of mountain
bikes and motorized vehicles.
(5) Installation, construction, and maintenance of a public
utility right of way within the National Monument for a purpose
described in section 4(a) if the Secretary determines that--
(A) there is no route outside of the National
Monument that will accomplish the purpose; or
(B) the right of way will be located along a State
highway crossing the National Monument.
(6) Grazing uses, through issuance and administration by
the Secretary of grazing leases or permits.
(d) Prohibition on Entry, Appropriation, Disposal, and Other
Uses.--The Federal lands and interests in lands located within the
boundaries of the National Monument are hereby withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the public land
mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
SEC. 7. DEVELOPMENT OF MANAGEMENT PLAN.
(a) Requirement.--Not later than 3 years after the date of the
enactment of this Act, the Secretary, in consultation with Indian
tribes with a cultural or historic tie to the National Monument, shall
develop a management plan for the management and authorization of uses
of the National Monument under section 4(a).
(b) Opportunity for Comment.--In developing the management plan,
the Secretary shall provide an opportunity for comment to local
governments, tribal governments, the State of Colorado, and other
local, State, and national organizations with an interest in the
management and use of the National Monument.
(c) Contents.--The management plan shall--
(1) identify authorized uses for the National Monument;
(2) provide for the continued use of the National Monument
by Indian tribes for traditional ceremonies and as a source of
traditional plants and other materials;
(3) specify permitted uses of artifacts, including whether
certain artifacts may be displayed for educational purposes;
(4) identify visitor carrying capacities; and
(5) designate roads and trails for public and
administrative use.
SEC. 8. ACQUISITION OF LAND.
The Secretary may acquire State, local government, tribal, and
privately held land or interests in land, including conservation
easements, contiguous to the boundaries of the National Monument, for
inclusion in the National Monument only by--
(1) donation;
(2) exchange with a willing party; or
(3) purchase from a willing seller.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Chimney Rock National Monument Act of 2010 - Designates the Chimney Rock National Monument in Colorado to preserve, protect, and restore the archeological, anthropological, geological, hydrologic, biological, visual, and scenic resources of Chimney Rock.
Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument for the inclusion of significant archaeological resources discovered on adjacent public land.
Requires management of, and authorizes use of, the Monument as a unit of San Juan National Forest.
Authorizes the Secretary to carry out vegetative management treatments within the Monument, with the exception of timber harvesting and the use of prescribed fire, which may only be used when necessary to address the risk of wildfire, insects, or diseases.
Prohibits uses of the Monument other than those authorized by the Secretary. Includes as authorized uses: (1) construction of a visitor's center and related exhibit and curatorial facilities to interpret the Monument's scientific and cultural resources; (2) scientific research (including archaeological research) and educational and interpretive uses; (3) acquisition and display of artifacts; (4) recreational use of mountain bikes and motorized vehicles; (5) installation and maintenance of a certain public utility right of way; and (6) grazing uses.
Requires the Secretary to develop a management plan for the Monument, which shall include: (1) providing for the continued use of the Monument by Indian tribes for traditional ceremonies and as a source for traditional plants and other materials; and (2) specifying permitted uses of artifacts. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Fund Investment Advisers
Registration Act of 2009''.
SEC. 2. DEFINITIONS.
Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-2(a)) is amended by adding at the end the following new paragraphs:
``(29) Private fund.--The term `private fund' means an
issuer that would be an investment company under section 3(a)
of the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)) but
for the exception provided from that definition by either
section 3(c)(1) or section 3(c)(7) of such Act
``(30) Foreign private fund adviser.--The term `foreign
private fund adviser' means an investment adviser who--
``(A) has no place of business in the United
States;
``(B) during the preceding 12 months has had--
``(i) fewer than 15 clients in the United
States; and
``(ii) assets under management attributable
to clients in the United States of less than
$25,000,000, or such higher amount as the
Commission may, by rule, deem appropriate in
the public interest or for the protection of
investors; and
``(C) neither holds itself out generally to the
public in the United States as an investment adviser,
nor acts as an investment adviser to any investment
company registered under the Investment Company Act of
1940, or a company which has elected to be a business
development company pursuant to section 54 of the
Investment Company Act of 1940 (15 U.S.C. 80a-53) and
has not withdrawn such election.''.
SEC. 3. ELIMINATION OF PRIVATE ADVISER EXEMPTION; LIMITED EXEMPTION FOR
FOREIGN PRIVATE FUND ADVISERS; LIMITED INTRASTATE
EXEMPTION.
Section 203(b) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(b)) is amended--
(1) in paragraph (1), by inserting ``, except an investment
adviser who acts as an investment adviser to any private
fund,'' after ``any investment adviser'';
(2) by amending paragraph (3) to read as follows:
``(3) any investment adviser that is a foreign private fund
adviser;'';
(3) in paragraph (5), by striking ``or'' at the end;
(4) in paragraph (6)--
(A) in subparagraph (A), by striking ``or'';
(B) in subparagraph (B), by striking the period at
the end and adding ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) a private fund; or''; and
(5) by adding at the end the following:
``(7) any investment adviser who solely advises--
``(A) small business investment companies licensed
under the Small Business Investment Act of 1958;
``(B) entities that have received from the Small
Business Administration notice to proceed to qualify
for a license, which notice or license has not been
revoked; or
``(C) applicants, related to one or more licensed
small business investment companies covered in
subparagraph (A), that have applied for another
license, which application remains pending.''.
SEC. 4. COLLECTION OF SYSTEMIC RISK DATA.
Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
4) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Records and Reports of Private Funds.--
``(1) In general.--The Commission is authorized to require
any investment adviser registered under this Act to maintain
such records of and file with the Commission such reports
regarding private funds advised by the investment adviser as
are necessary or appropriate in the public interest and for the
protection of investors or for the assessment of systemic risk
as the Commission determines in consultation with the Board of
Governors of the Federal Reserve System. The Commission is
authorized to provide or make available to the Board of
Governors of the Federal Reserve System, and to any other
entity that the Commission identifies as having systemic risk
responsibility, those reports or records or the information
contained therein. The records and reports of any private fund,
to which any such investment adviser provides investment
advice, maintained or filed by an investment adviser registered
under this Act, shall be deemed to be the records and reports
of the investment adviser.
``(2) Required information.--The records and reports
required to be maintained or filed with the Commission under
this subsection shall include, for each private fund advised by
the investment adviser--
``(A) the amount of assets under management;
``(B) the use of leverage (including off-balance
sheet leverage);
``(C) counterparty credit risk exposures;
``(D) trading and investment positions;
``(E) trading practices; and
``(F) such other information as the Commission, in
consultation with the Board of Governors of the Federal
Reserve System, determines necessary or appropriate in
the public interest and for the protection of investors
or for the assessment of systemic risk.
``(3) Optional information.--The Commission may require the
reporting of such additional information from private fund
advisers as the Commission determines necessary. In making such
determination, the Commission, taking into account the public
interest and potential to contribute to systemic risk, may set
different reporting requirements for different classes of
private fund advisers, based on the particular types or sizes
of private funds advised by such advisers.
``(4) Maintenance of records.--An investment adviser
registered under this Act is required to maintain and keep such
records of private funds advised by the investment adviser for
such period or periods as the Commission, by rule or
regulation, may prescribe as necessary or appropriate in the
public interest and for the protection of investors or for the
assessment of systemic risk.
``(5) Examination of records.--
``(A) Periodic and special examinations.--All
records of a private fund maintained by an investment
adviser registered under this Act shall be subject at
any time and from time to time to such periodic,
special, and other examinations by the Commission, or
any member or representative thereof, as the Commission
may prescribe.
``(B) Availability of records.--An investment
adviser registered under this Act shall make available
to the Commission or its representatives any copies or
extracts from such records as may be prepared without
undue effort, expense, or delay as the Commission or
its representatives may reasonably request.
``(6) Information sharing.--The Commission shall make
available to the Board of Governors of the Federal Reserve
System, and to any other entity that the Commission identifies
as having systemic risk responsibility, copies of all reports,
documents, records, and information filed with or provided to
the Commission by an investment adviser under this subsection
as the Board, or such other entity, may consider necessary for
the purpose of assessing the systemic risk of a private fund.
All such reports, documents, records, and information obtained
by the Board, or such other entity, from the Commission under
this subsection shall be kept confidential in a manner
consistent with confidentiality established by the Commission
pursuant to paragraph (8).
``(7) Disclosures of certain private fund information.--An
investment adviser registered under this Act shall provide such
reports, records, and other documents to investors, prospective
investors, counterparties, and creditors, of any private fund
advised by the investment adviser as the Commission, by rule or
regulation, may prescribe as necessary or appropriate in the
public interest and for the protection of investors or for the
assessment of systemic risk.
``(8) Confidentiality of reports.--Notwithstanding any
other provision of law, the Commission shall not be compelled
to disclose any report or information contained therein
required to be filed with the Commission under this subsection.
Nothing in this paragraph shall authorize the Commission to
withhold information from the Congress or prevent the
Commission from complying with a request for information from
any other Federal department or agency or any self-regulatory
organization requesting the report or information for purposes
within the scope of its jurisdiction, or complying with an
order of a court of the United States in an action brought by
the United States or the Commission. For purposes of section
552 of title 5, United States Code, this paragraph shall be
considered a statute described in subsection (b)(3)(B) of such
section.''.
SEC. 5. ELIMINATION OF DISCLOSURE PROVISION.
Section 210 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
10) is amended by striking subsection (c).
SEC. 6. EXEMPTION OF AND REPORTING BY VENTURE CAPITAL FUND ADVISERS.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended by adding at the end the following new subsection:
``(l) Exemption of and Reporting by Venture Capital Fund
Advisers.--The Commission shall identify and define the term `venture
capital fund' and shall provide an adviser to such a fund an exemption
from the registration requirements under this section (excluding any
such fund whose adviser is exempt from registration pursuant to
paragraph (7) of subsection (b)). The Commission shall require such
advisers to maintain such records and provide to the Commission such
annual or other reports as the Commission determines necessary or
appropriate in the public interest or for the protection of
investors.''.
SEC. 7. EXEMPTION OF AND REPORTING BY CERTAIN PRIVATE FUND ADVISERS.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3), as amended by section 6, is further amended by adding at the end
the following new subsections:
``(m) Exemption of and Reporting by Certain Private Fund
Advisers.--
``(1) In general.--The Commission shall provide an
exemption from the registration requirements under this section
to any investment adviser of private funds, if each of such
private funds has assets under management in the United States
of less than $150,000,000.
``(2) Reporting.--The Commission shall require investment
advisers exempted by reason of this subsection to maintain such
records and provide to the Commission such annual or other
reports as the Commission determines necessary or appropriate
in the public interest or for the protection of investors.
``(n) Registration and Examination of Mid-sized Private Fund
Advisers.--In prescribing regulations to carry out the requirements of
this section with respect to investment advisers acting as investment
advisers to mid-sized private funds, the Commission shall take into
account the size, governance, and investment strategy of such funds to
determine whether they pose systemic risk, and shall provide for
registration and examination procedures with respect to the investment
advisers of such funds which reflect the level of systemic risk posed
by such funds.''.
SEC. 8. CLARIFICATION OF RULEMAKING AUTHORITY.
Section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
11) is amended--
(1) by amending subsection (a) to read as follows:
``(a) The Commission shall have authority from time to time to
make, issue, amend, and rescind such rules and regulations and such
orders as are necessary or appropriate to the exercise of the functions
and powers conferred upon the Commission elsewhere in this title,
including rules and regulations defining technical, trade, and other
terms used in this title. For the purposes of its rules and
regulations, the Commission may--
``(1) classify persons and matters within its jurisdiction
based upon, but not limited to--
``(A) size;
``(B) scope;
``(C) business model;
``(D) compensation scheme; or
``(E) potential to create or increase systemic
risk;
``(2) prescribe different requirements for different
classes of persons or matters; and
``(3) ascribe different meanings to terms (including the
term `client', except the Commission shall not ascribe a
meaning to the term `client' that would include an investor in
a private fund managed by an investment adviser, where such
private fund has entered into an advisory contract with such
adviser) used in different sections of this title as the
Commission determines necessary to effect the purposes of this
title.''; and
(2) by adding at the end the following new subsection:
``(e) The Commission and the Commodity Futures Trading Commission
shall, after consultation with the Board of Governors of the Federal
Reserve System, within 12 months after the date of enactment of the
Private Fund Investment Advisers Registration Act of 2009, jointly
promulgate rules to establish the form and content of the reports
required to be filed with the Commission under sections 203(l) and
204(b) and with the Commodity Futures Trading Commission by investment
advisers that are registered both under the Investment Advisers Act of
1940 (15 U.S.C. 80b-1 et seq.) and the Commodity Exchange Act (7 U.S.C.
1 et seq.).''.
SEC. 9. GAO STUDY.
(a) Study Required.--The Comptroller General of the United States
shall carry out a study to assess the annual costs on industry members
and their investors due to the registration requirements and ongoing
reporting requirements under this Act and the amendments made by this
Act.
(b) Report to the Congress.--Not later than the end of the 2-year
period beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall submit a report to the
Congress containing the findings and determinations made by the
Comptroller General in carrying out the study required under subsection
(a).
SEC. 10. EFFECTIVE DATE; TRANSITION PERIOD.
(a) Effective Date.--This Act, and the amendments made by this Act,
shall take effect with respect to investment advisers after the end of
the 1-year period beginning on the date of the enactment of this Act.
(b) Transition Period.--The Securities and Exchange Commission
shall prescribe rules and regulations to permit an investment adviser
who will be required to register with the Securities and Exchange
Commission by reason of this Act with the option of registering with
the Securities and Exchange Commission before the date described under
subsection (a).
SEC. 11. QUALIFIED CLIENT STANDARD.
Section 205(e) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-5(e)) is amended by adding at the end the following: ``With respect
to any factor used by the Commission in making a determination under
this subsection, if the Commission uses a dollar amount test in
connection with such factor, such as a net asset threshold, the
Commission shall, not later than one year after the date of the
enactment of the Private Fund Investment Advisers Registration Act of
2009, and every 5 years thereafter, adjust for the effects of inflation
on such test. Any such adjustment that is not a multiple of $1,000
shall be rounded to the nearest multiple of $1,000.''. | Private Fund Investment Advisers Registration Act of 2009 - (Sec. 3) Amends the Investment Advisers Act of 1940 to repeal the exemption for, and apply registration requirements to, a private fund investment adviser.
Exempts from such registration requirements, however, any investment adviser who solely advises: (1) small business investment companies licensed under the Small Business Investment Act of 1958; (2) entities that the Small Business Administration (SBA) has notified to proceed to qualify for a license, if the notice or license has not been revoked; or (3) applicants, related to one or more licensed small business investment companies, that have a pending application for another license.
(Sec. 4) Subjects to Securities Exchange Commission (SEC) recordkeeping requirements any registered investment adviser who advises private funds. Authorizes the SEC to make such records, especially those relating to systemic risk, available to the Board of Governors of the Federal Reserve System and any other entity that has systemic risk responsibility.
(Sec. 5) Repeals the declaration that no provision of such Act shall be construed to require, or to authorize the SEC to require, any investment adviser engaged in rendering investment supervisory services to disclose the identity, investments, or affairs of any client, except insofar as such disclosure may be necessary or appropriate in a particular proceeding or investigation having as its object the enforcement of a provision or provisions of the Act. (Thus, allows interpretation of the Act to require, or authorize the SEC to require, an investment adviser to disclose the identity, investments, or affairs of any client.)
(Sec. 6) Directs the SEC to exempt from the registration requirements of this Act: (1) venture capital fund advisers; and (2) investment advisers of private funds, each of which has assets under management in the United States of less than $150 million. Directs the SEC to require such advisers, however, to maintain records and make annual reports to the SEC.
(Sec. 7) Requires the SEC, in prescribing regulations for registration of advisers to mid-sized private funds, to: (1) take into account the size, governance, and investment strategy of such funds to determine whether they pose systemic risk; and (2) provide for registration and examination procedures for such advisers which reflect the level of systemic risk posed by the funds.
(Sec. 8) Modifies SEC rulemaking authority. Authorizes the SEC to ascribe different meanings to terms, but prohibits including in the term "client" an investor in a private fund managed by an investment adviser with whom the private fund has entered into an advisory contract.
Directs the SEC and the Commodity Futures Trading Commission (CFTC) to promulgate rules jointly for the mandatory reports filed by certain registered investment advisers.
(Sec. 9) Directs the Comptroller General to assess the annual costs on industry members and their investors because of the registration requirements and ongoing reporting requirements of this Act.
(Sec. 11) Amends the Investment Advisers Act of 1940 with respect to SEC authority to exempt any person or transaction (or any class or classes of them) from certain investment advisory contract requirements to the extent that the exemption relates to an investment advisory contract with any person that the Commission determines does not need the protections of such requirements. Requires the SEC, with respect to any factor involving a dollar amount test (e.g. a net asset threshold) it uses to make such a determination, to adjust that test for inflation every five years. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Biotechnology Information
Initiative Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Biotechnology has been used for many years to develop
new and useful products used in a variety of industries.
(2) Biotechnology holds the potential for benefits to
mankind in a number of areas by allowing individual, well-
characterized genes to be transferred from one organism to
another organism and thus increasing the genetic diversity
available to improve commercial plant species.
(3) Plant varieties created with biotechnology will offer
foods with better taste, more nutrition, and longer shelf life.
Farmers will be able to grow these varieties more efficiently,
leading to lower costs for consumers and greater environmental
protection through effective and targeted pesticide and
herbicide use and a reduction in soil erosion through an
increase in the use of no-till farming.
(4) On April 5, 2000, the National Research Council
released a report entitled ``Genetically Modified Pest-
Protected Plants: Science and Regulation''. The report
emphasized that there is no evidence that foods produced though
biotechnology are unsafe to eat, but that, given the current
level of public concern over these foods, Federal agencies
should conduct more research to reduce the concern about
potential harm to human health and the environment. In
addition, the report recommends that the quantity, quality, and
public accessibility of information on the regulation of
transgenic pest-protected plant products should be expanded.
(5) The Food and Drug Administration, the Department of
Agriculture, and the Environmental Protection Agency are all
involved in the regulatory process for the use of biotechnology
in foods.
(6) United States consumers are increasingly concerned that
food safety issues regarding the use of biotechnology in foods
are not being adequately addressed.
(7) All foods, including those based on biotechnology,
should continue to be subject to a rigorous Government
regulatory process that evaluates the safety of the products to
the consumer and the environment. This process should continue
to be based on scientific methods that meet state-of-the-art
scientific standards.
(8) Ensuring that the underlying scientific information and
the regulatory framework for managing biotechnology is shared
with consumers is imperative and should be an integral part of
United States food and agriculture programs.
SEC. 3. PROGRAM OF PUBLIC EDUCATION REGARDING USE OF BIOTECHNOLOGY IN
PRODUCING FOOD FOR HUMAN CONSUMPTION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture, in collaboration
with the Secretary of Health and Human Services (acting through the
Commissioner of Food and Drugs and in consultation with the
Administrator of the Environmental Protection Agency), shall develop
and implement a program to communicate with the public regarding the
use of biotechnology in producing food for human consumption. The
information provided under the program shall include the following:
(1) Science-based evidence on the safety of foods produced
with biotechnology.
(2) Scientific data on the human outcomes of the use of
biotechnology to produce food for human consumption.
(3) An analysis of the risks and benefits to the
environment of such use, conducted in accordance with
established scientific principles, and including information
from the Administrator of the Environmental Protection Agency.
(b) Administration as Component of President's Food Safety
Initiative.--Subsection (a) shall be carried out as a component of the
Food Safety Initiative announced by the President on January 25, 1997,
and carried out by the Secretary of Health and Human Services, the
Department of Agriculture, and the Environmental Protection Agency. Of
the funds available for such Initiative for fiscal years 2001 and 2002,
not more than $10,000,000 may be expended each such year for carrying
out subsection (a).
SEC. 4. GRANTS FOR RESEARCH ON ECONOMIC AND ENVIRONMENTAL RISKS AND
BENEFITS OF USING BIOTECHNOLOGY IN FOOD PRODUCTION.
(a) Expansion of Current Research Program.--Subsections (a) and (b)
of section 1668 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5921) are amended to read as follows:
``(a) Purpose.--It is the purpose of this section to--
``(1) authorize and support research intended to identify
and analyze technological developments in the area of
biotechnology for the purpose of evaluating the potential
positive and adverse effects of such developments on the United
States farm economy and the environment and addressing public concerns
about potential adverse environmental effects of using biotechnology in
food production; and
``(2) authorize research to help regulators develop
policies, as soon as practicable, concerning the introduction
and use of biotechnology.
``(b) Grant Program.--The Secretary of Agriculture shall establish
a competitive grant program to provide the necessary funding for
research designed to further the purposes specified in subsection (a).
The grant program shall be conducted through the Cooperative State
Research, Education, and Extension Service and the Agricultural
Research Service''.
(b) Types of Research.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Research designed to evaluate the potential effect of
biotechnology developments on the United States farm economy,
the competitive status of United States agricultural
commodities and foods in foreign markets, and consumer
confidence in the healthfulness and safety of agricultural
commodities and foods.''.
(c) Priority.--Subsection (d)(1) of such section is amended by
inserting before the semicolon the following: ``, but giving priority
to projects designed to develop improved methods for identifying
potential allergens in pest-protected plants, with particular emphasis
on the development of tests with human immune-system endpoints and of
more reliable animal models''.
(d) Conforming Amendments.--(1) Subsection (g)(2) of such section
is amended by striking ``for research on biotechnology risk
assessment''.
(2) The heading of such section is amended to read as follows:
``SEC. 1668. GRANTS FOR RESEARCH ON ECONOMIC AND ENVIRONMENTAL RISKS
AND BENEFITS OF USING BIOTECHNOLOGY IN FOOD
PRODUCTION.''. | Food Biotechnology Information Initiative Act - Directs the Secretary of Agriculture to establish a public information program regarding the use of biotechnology to produce food for human consumption (which shall be carried out as a component of the Food Safety Initiative of the President).Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to revise the purposes and types of research under the biotechnology risk assessment grant program, including the use of biotechnology in food production. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Integrity Act of 2017''.
SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.
(a) Requirement To Provide Photo Identification as Condition of
Casting Ballot.--
(1) In general.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 15481 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.
``(a) Provision of Identification Required as Condition of Casting
Ballot.--
``(1) Individuals voting in person.--
``(A) Requirement to provide identification.--
Notwithstanding any other provision of law and except
as provided in subparagraph (B), the appropriate State
or local election official may not provide a ballot for
an election for Federal office to an individual who
desires to vote in person unless the individual
presents to the official a valid photo identification.
``(B) Availability of provisional ballot.--
``(i) In general.--If an individual does
not present the identification required under
subparagraph (A), the individual shall be
permitted to cast a provisional ballot with
respect to the election under section 302(a),
except that the appropriate State or local
election official may not make a determination
under section 302(a)(4) that the individual is
eligible under State law to vote in the
election unless, not later than 10 days after
casting the provisional ballot, the individual
presents to the official--
``(I) the identification required
under subparagraph (A); or
``(II) an affidavit attesting that
the individual does not possess the
identification required under
subparagraph (A) because the individual
has a religious objection to being
photographed.
``(ii) No effect on other provisional
balloting rules.--Nothing in clause (i) may be
construed to apply to the casting of a
provisional ballot pursuant to section 302(a)
or any State law for reasons other than the
failure to present the identification required
under subparagraph (A).
``(2) Individuals voting other than in person.--
``(A) In general.--Notwithstanding any other
provision of law and except as provided in subparagraph
(B), the appropriate State or local election official
may not accept any ballot for an election for Federal
office provided by an individual who votes other than
in person unless the individual submits with the ballot
a copy of a valid photo identification.
``(B) Exception for overseas military voters.--
Subparagraph (A) does not apply with respect to a
ballot provided by an absent uniformed services voter
who, by reason of active duty or service, is absent
from the United States on the date of the election
involved. In this subparagraph, the term `absent
uniformed services voter' has the meaning given such
term in section 107(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310(1)),
other than an individual described in section 107(1)(C)
of such Act.
``(b) Provision of Identifications Without Charge to Individuals
Unable To Pay Costs of Obtaining Identification.--If an individual
presents a State or local election official with an affidavit attesting
that the individual is unable to pay the costs associated with
obtaining a valid photo identification under this section, the official
shall provide the individual with a valid photo identification under
this subsection without charge to the individual.
``(c) Valid Photo Identifications Described.--For purposes of this
section, a `valid photo identification' means, with respect to an
individual who seeks to vote in a State, any of the following:
``(1) A valid State-issued motor vehicle driver's license
that includes a photo of the individual and an expiration date.
``(2) A valid State-issued identification card that
includes a photo of the individual and an expiration date.
``(3) A valid United States passport for the individual.
``(4) A valid military identification for the individual.
``(5) Any other form of government-issued identification
that the State may specify as a valid photo identification for
purposes of this subsection.
``(d) Notification of Identification Requirement to Applicants for
Voter Registration.--
``(1) In general.--Each State shall ensure that, at the
time an individual applies to register to vote in elections for
Federal office in the State, the appropriate State or local
election official notifies the individual of the photo
identification requirements of this section.
``(2) Special rule for individuals applying to register to
vote online.--Each State shall ensure that, in the case of an
individual who applies to register to vote in elections for
Federal office in the State online, the online voter
registration system notifies the individual of the photo
identification requirements of this section before the
individual completes the online registration process.
``(e) Treatment of States With Photo Identification Requirements in
Effect as of Date of Enactment.--If, as of the date of the enactment of
this section, a State has in effect a law requiring an individual to
provide a photo identification as a condition of casting a ballot in
elections for Federal office held in the State and the law remains in
effect on and after the effective date of this section, the State shall
be considered to meet the requirements of this section if--
``(1) the State submits a request to the Attorney General
and provides such information as the Attorney General may
consider necessary to determine that the State has in effect
such a law and that the law remains in effect; and
``(2) the Attorney General approves the request.
``(f) Effective Date.--This section shall apply with respect to
elections for Federal office held in 2020 or any succeeding year.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 303
the following new item:
``Sec. 303A. Photo identification requirements.''.
(b) Conforming Amendment Relating to Voluntary Guidance by Election
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b))
is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 303A, October 1, 2018.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(d) Conforming Amendments Relating to Repeal of Existing Photo
Identification Requirements for Certain Voters.--
(1) In general.--Section 303 of such Act (42 U.S.C. 15483)
is amended--
(A) in the heading, by striking ``and requirements
for voters who register by mail'';
(B) in the heading of subsection (b), by striking
``for Voters Who Register by Mail'' and inserting ``for
Mail-In Registration Forms'';
(C) in subsection (b), by striking paragraphs (1)
through (3) and redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively; and
(D) in subsection (c), by striking ``subsections
(a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting
``subsection (a)(5)(A)(i)(II)''.
(2) Clerical amendment.--The table of contents of such Act
is amended by amending the item relating to section 303 to read
as follows:
``Sec. 303. Computerized statewide voter registration list
requirements.''.
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to elections for Federal office held
in 2020 or any succeeding year. | Election Integrity Act of 2017 This bill amends the Help America Vote Act of 2002 to prohibit a state or local election official from providing a ballot for a federal election to an individual who desires to vote in person unless the individual presents a valid photo identification. If an individual does not present a valid photo identification, the individual shall be permitted to cast a provisional ballot. An election official may not determine that such an individual is eligible under state law to vote in the election unless, not later than 10 days after casting the provisional ballot, the individual presents: (1) the identification required, or (2) an affidavit attesting that the individual does not possess the identification because the individual has a religious objection to being photographed. With an exception for overseas military voters, an election official may not accept a ballot for a federal election provided by an individual who votes other than in person unless the individual submits with the ballot a copy of a valid photo identification. If an individual presents an election official with an affidavit attesting that the individual is unable to afford to obtain a valid photo identification, the official shall provide the individual with a valid photo identification without charge. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficiency Investment Act of
2001''.
SEC. 2. CREDIT FOR CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND
BUSINESSES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30A the following new section:
``SEC. 30B. CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND
BUSINESSES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 25 percent of the amount paid or incurred by the taxpayer for
qualified energy property placed in service or installed by the
taxpayer during such taxable year.
``(b) Qualified Energy Property.--For purposes of this section, the
term `qualified energy property' means any property--
``(1) which is--
``(A) an energy efficient building envelope
component which is Energy Star qualified, and
``(B) any energy efficient heating or cooling
equipment (including boilers) which is Energy Star
qualified,
``(2) which, in the case of an individual, is installed in
or on an existing residence--
``(A) located in the United States, and
``(B) owned and used by the taxpayer as the
taxpayer's principal residence at the time the property
is placed in service or installed,
``(3) the original use of which commences with the
taxpayer, and
``(4) which has a useful life of at least 5 years.
``(c) Other Definitions.--For purposes of this section--
``(1) Building envelope component.--The term `building
envelope component' shall have the same meaning as set forth in
section 434.201 of title 10 of the Code of Federal Regulations.
``(2) Principal residence.--The term `principal residence'
shall have the same meaning as when used in section 121.
``(3) Energy star qualified.--The term `Energy Star
qualified' means property which--
``(A) meets the guidelines, specifications, and
performance levels of the Energy Star program jointly
managed by the Environmental Protection Agency and the
Department of Energy, including guidelines,
specifications, and performance levels for the climate
region in which a residence is located, and
``(B) displays the Energy Star label at the time
the property is placed in service or installed.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any 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
part (other than under this section and subpart C
thereof, relating to refundable credits) and section
1397E.
``(2) Carryover of unused credit.--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 taxable year.
``(e) Special Rules.--For purposes of this section:
``(1) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216(b)(2)) in a cooperative
housing corporation (as defined in section 216(b)(1)), such
individual shall be treated as having paid his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures paid or incurred for qualified
energy property by such corporation, and such credit shall be
allocated appropriately to such individual.
``(2) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having paid his
proportionate share of expenditures paid or incurred
for qualified energy property by such association, and
such credit shall be allocated appropriately to such
individual.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of section 528(c)(2) with
respect to a condominium project of which substantially
all of the units are used by individuals as residences.
``(3) Expenditures for labor included.--For purposes of
this section, the amount paid or incurred by the taxpayer for
qualified energy property shall also include expenditures for
labor costs properly allocable to the onsite preparation,
assembly, and installation of such property.
``(4) Allocation to nonbusiness use in certain cases.--In
the case of an individual, if less than 80 percent of the use
of qualified energy property placed in service or installed is
for nonbusiness purposes, only that portion of the expenditure
paid or incurred for such property which is properly allocable
to use for nonbusiness purposes shall be eligible for the
credit provided by this section.
``(f) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section for any expenditure with respect to a
residence or other property, the basis of such residence or other
property shall be reduced by the amount of the credit so allowed.
``(g) Applicability.--Subsection (a) shall apply to qualified
energy property placed in service or installed on or after January 1,
2001.''.
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code (relating to general rule for adjustments to basis) is amended by
striking ``and'' at the end of paragraph (26), by striking the period
at the end of paragraph (27) and inserting ``, and'', and by adding at
the end the following new paragraph:
``(28) in the case of a residence or other property with
respect to which a credit was allowed under section 30B, to the
extent provided in section 30B(f).''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30A the following new
item:
``Sec. 30B. Certain energy efficient
property in residences and
businesses.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2001. | Energy Efficiency Investment Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified energy property (certain building envelope components or heating or cooling equipment) placed in service or installed in a U.S.-sited principal residence. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enforce Existing Gun Laws Act''.
SEC. 2. REPEAL OF CERTAIN APPROPRIATIONS RIDERS THAT LIMIT THE ABILITY
OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES TO ADMINISTER THE FEDERAL FIREARMS LAWS.
(a) Prohibition on Consolidation or Centralization in the
Department of Justice of Firearms Acquisition and Disposition Records
Maintained by Federal Firearms Licensees.--The matter under the heading
``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law
112-55; 125 Stat. 609-610) is amended by striking the 1st proviso.
(b) Prohibition on Imposition of Requirement That Firearms Dealers
Conduct Physical Check of Firearms Inventory.--The matter under the
heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries
and Expenses'' in title II of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6) is
amended by striking the 5th proviso.
(c) Requirement That Instant Check Records Be Destroyed Within 24
Hours.--Section 511 of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125
Stat. 632) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(d) Limitations Relating to Firearms Trace Data.--
(1) Tiahrt amendments.--
(A) The matter under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (18
U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610)
is amended by striking the 6th proviso.
(B) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2010 (18 U.S.C. 923
note; Public Law 111-117; 123 Stat. 3128-3129) is
amended by striking ``beginning in fiscal year 2010 and
thereafter'' and inserting ``in fiscal year 2010''.
(C) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the Omnibus
Appropriations Act, 2009 (18 U.S.C. 923 note; Public
Law 111-8; 123 Stat. 574-576) is amended by striking
``beginning in fiscal year 2009 and thereafter'' and
inserting ``in fiscal year 2009''.
(D) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2008 (18 U.S.C. 923
note; Public Law 110-161; 121 Stat. 1903-1904) is
amended by striking ``beginning in fiscal year 2008 and
thereafter'' and inserting ``in fiscal year 2008''.
(E) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006
(18 U.S.C. 923 note; Public Law 109-108; 119 Stat.
2295-2296) is amended by striking ``with respect to any
fiscal year''.
(F) The 6th proviso under the heading in title I of
division B of the Consolidated Appropriations Act, 2005
(18 U.S.C. 923 note; Public Law 108-447; 118 Stat.
2859-2860) is amended by striking ``with respect to any
fiscal year''.
(2) Prohibition on processing of freedom of information act
requests about arson or explosives incidents or firearm
traces.--Section 644 of division J of the Consolidated
Appropriations Resolution, 2003 (5 U.S.C. 552 note; 117 Stat.
473-474) is repealed.
(e) Prohibition on Use of Firearms Trace Data To Draw Broad
Conclusions About Firearms-Related Crime.--
(1) Section 514 of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6)
is repealed.
(2) Section 516 of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is
repealed.
(f) Prohibitions Relating to ``Curios or Relics'' and Importation
of Surplus Military Firearm.--
(1) The matter under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6) is
amended by striking the 1st proviso.
(2) Section 519 of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6)
is repealed.
(g) Prohibition on Denial of Federal Firearms License Due to Lack
of Business Activity.--The matter under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6) is amended by striking the
6th proviso. | Enforce Existing Gun Laws Act - Repeals provisions of specified consolidated appropriations acts that: prohibit the use of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice (DOJ), records of the acquisition and disposition of firearms maintained by federal firearms licensees; prohibit expending funds appropriated to ATF to promulgate or implement any rule requiring a physical inventory of any firearms business; prohibit using appropriated funds for any criminal background check system that does not require the destruction of identifying information submitted for a transferee within 24 hours after the system advises a licensee that the transferee's receipt of a firearm is not prohibited; prohibit the use of ATF appropriations to disclose the contents of the Firearms Trace System database or any information required to be kept or reported on the acquisition and disposition of firearms by firearms licencees, except to a law enforcement agency, a prosecutor in connection with in a criminal investigation or prosecution; prohibit using appropriations to take any action on a Freedom of Information Act request with respect to certain records collected, maintained, or provided by law enforcement agencies in connection with arson or explosives incidents or the tracing of a firearm; require ATF data releases to include language that would make clear that firearms trace data cannot be used to draw broad conclusions about firearms-related crime; prohibit the use of appropriations to pay administrative expenses or the compensation of any federal employee to implement an amendment to regulations permitting the importation of certain firearms classified as curios or relics, to change the definition of "curios or relics" under such regulations, or to deny an application for a permit to import U.S.-origin curios or relics firearms, parts, or ammunition; and prohibit the use of ATF appropriations to deny issuance or renewal of a firearms license due to a licensee's lack of business activity. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Regulatory
Implementation Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Over 158,000,000 Americans regularly consume dietary
supplements to maintain and improve their health.
(2) Consumer expenditures on dietary supplements reached a
reported $17,100,000,000 in 2000, double the amount spent in
1994.
(3) According to a recent report issued by the Food and
Drug Administration (``FDA'') the use of dietary supplements is
likely to grow due to factors such as the aging of the baby
boom generation, increased interest in self-sufficiency, and
advances in science that are uncovering new relationships
between diet and disease.
(4) In 1994, the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417) (``DSHEA'') was enacted. That
Act balanced continued consumer access to vitamins, minerals,
and other dietary supplements, increased scientific research on
the benefits and risks of dietary supplements, public education
on dietary supplements, and needed consumer protections.
(5) DSHEA requires that claims made on dietary supplement
labels, packaging, and accompanying material be truthful, non-
misleading, and substantiated. Manufacturers are prohibited
from making claims that products are intended to diagnose,
treat, mitigate, cure, or prevent a disease.
(6) DSHEA provides for good manufacturing practice
standards setting requirements for potency, purity, sanitary
conditions, and recordkeeping for dietary supplements.
(7) DSHEA provides that dietary supplements are to be
regulated like foods and not drugs or food additives.
(8) DSHEA requires that manufacturers submit adequate
information as to the safety of any new ingredients contained
in dietary supplements before those products can be sold.
(9) DSHEA provides the FDA with a number of powers to
remove unsafe dietary supplements from the marketplace.
(10) DSHEA created the Office of Dietary Supplements within
the National Institutes of Health to expand research and
consumer information about the health effects of dietary
supplements.
(11) The FDA has not adequately used its authority to
enforce DSHEA.
(12) The FDA needs adequate resources to appropriately
implement and enforce DSHEA. Congress has appropriated
additional funds over the last several years beyond those
requested in the President's budget to implement and enforce
DSHEA, reaching $9,700,000 in fiscal year 2003.
(13) However, according to the FDA, full implementation of
DSHEA would require substantial additional resources. The FDA
asserts that between $24,000,000 and $65,000,000 per year will
be needed to fully implement DSHEA.
SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)--
(1) $30,000,000 for fiscal year 2006;
(2) $40,000,000 for fiscal year 2007;
(3) $50,000,000 for fiscal year 2008; and
(4) $65,000,000 for fiscal year 2009.
(b) Appropriation of Funds for Fiscal Year 2005.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
$20,000,000 for fiscal year 2005.
(c) Office of Dietary Supplements.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for expanded research and development of
consumer information, including information on safety and
beneficial effects, of dietary supplements by the Office of
Dietary Supplements at the National Institutes of Health such
sums as may be necessary for each of the fiscal years 2006
through 2009.
(2) Appropriation of funds for fiscal year 2005.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, for expanded research and development of consumer
information, including information on safety and beneficial
effects, of dietary supplements by the Office of Dietary
Supplements at the National Institutes of Health $30,000,000
for fiscal year 2005.
(d) Use of Funds.--The Secretary of Health and Human Services shall
fully and appropriately use the funds appropriated in subsections (b)
and (c) and pursuant to subsection (a) to regulate dietary supplements.
SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY
SUPPLEMENTS.
(a) In General.--Not later than January 31, 2006, and annually
thereafter, the Secretary shall submit a report to Congress on the
implementation and enforcement of the Dietary Supplement Health and
Education Act of 1994 (Public Law 103-417).
(b) Contents.--The report under subsection (a) shall include the
following:
(1) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
dietary supplement regulation over the prior fiscal year.
(2) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
administering adverse event reporting systems as they relate to
dietary supplement regulation over the prior fiscal year.
(3) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
enforcement of dietary supplement labeling and claims
requirements over the prior fiscal year and an explanation of
their activities.
(4) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to good
manufacturing practices inspections of dietary supplement
manufacturers over the prior fiscal year and an explanation of
their activities.
(5) The number of good manufacturing practices inspections
of dietary supplement manufacturers by the Food and Drug
Administration over the prior fiscal year and a summary of the
results.
(6) The number of new ingredient reviews and safety reviews
related to dietary supplements and the results of those
reviews.
(7) An explanation of all enforcement actions taken by the
Food and Drug Administration and the Department of Health and
Human Services related to dietary supplements over the prior
fiscal year, including the number and type of actions.
(8) The number of dietary supplement claims for which the
Food and Drug Administration requested substantiation from the
manufacturer over the prior fiscal year, and the agency's
response.
(9) The number of dietary supplement claims determined to
be false, misleading, or unsubstantiated by the Food and Drug
Administration over the prior fiscal year.
(10) The research and consumer education activities
supported by the Office of Dietary Supplements of the National
Institutes of Health.
(11) Any recommendations for administrative or legislative
actions regarding the regulation of dietary supplements.
(12) Any other information regarding the regulation of
dietary supplements determined appropriate by the Secretary.
SEC. 5. DIETARY SUPPLEMENTS CONTAINING EPHEDRINE ALKALOIDS.
(a) Findings.--The Congress finds that--
(1) dietary supplements containing ephedrine alkaloids may
present a significant or unreasonable risk of illness or
injury; and
(2) through section 402(f) of the Federal Food, Drug, and
Cosmetic Act (established by the Dietary Supplement Health and
Education Act of 1994), the Congress has granted the Secretary
the authority to remove from the market dietary supplements
that present such a risk.
(b) Sense of Congress Regarding Risk of Illness or Injury.--It is
the sense of the Congress that, in the event the Secretary determines
under section 402(f) of the Federal Food, Drug, and Cosmetic Act that a
dietary supplement containing ephedrine alkaloids presents a
significant or unreasonable risk of illness or injury--
(1) all dietary supplements containing such alkaloids
should be declared to be adulterated in accordance with such
section; and
(2) the Secretary should take all necessary actions to
remove all such supplements from the market.
(c) Sense of Congress Regarding Botanical Sources.--It is the sense
of the Congress that the Secretary should take steps to assure the
continued availability of botanical sources of ephedrine alkaloids
that--
(1) are in forms that have not been manipulated or
chemically altered to increase their ephedrine alkaloid
concentration or content;
(2) are marketed at dosages that are substantiated to be at
levels used in traditional herbal formulas; and
(3) are labeled only for traditional uses and not for
weight loss or energy.
SEC. 6. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS.
(a) Health Care Professionals.--
(1) In general.--The Secretary shall carry out a program to
educate health professionals on the safety and health benefits
of dietary supplements, including the potential for dietary
supplement/drug interactions.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2005, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
(b) Consumers.--
(1) In general.--The Secretary shall carry out a program to
educate consumers of dietary supplements on the safety and
health benefits of the dietary supplements, including the
potential for dietary supplement/drug interactions through
public education forums, advertisements, and the Internet.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2005, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
SEC. 7. ADVERSE EVENT REPORTING SYSTEM.
The Secretary shall establish a system for the requirements for the
reporting of serious adverse experiences associated with the use of a
dietary supplement received by the manufacturer, packer, or distributor
whose name appears on the label of the product.
SEC. 8. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs. | Dietary Supplement Regulatory Implementation Act of 2004 - Makes appropriations for FY 2005, and authorizes appropriations for FY 2006 through 2009: (1) to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA), the amendments made by DSHEA, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health.
Directs the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to: (1) fully and appropriately use such funds to regulate dietary supplements; (2) report annually on DSHEA implementation and enforcement; (3) carry out programs to educate health professionals and consumers on the safety and health benefits of the dietary supplements, including the potential for interactions of dietary supplements and drugs (using specified funds authorized by this Act); and (4) establish a system for the requirements for the reporting of serious adverse experiences associated with the use of a dietary supplement received by the manufacturer, packer, or distributor whose name appears on the label of the product.
Expresses the sense of the Congress regarding dietary supplements containing ephedrine alkaloids. |
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