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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. |
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 ``Heroes at Home Act of 2007''.
SEC. 2. PROTOCOL FOR ASSESSMENT AND DOCUMENTATION OF COGNITIVE
FUNCTIONING OF EACH DEPLOYED MEMBERS OF THE ARMED FORCES.
(a) Protocol Required.--The Secretary of Defense shall establish a
protocol for the assessment and documentation of the cognitive
(including memory) functioning of each member of the Armed Forces
before each such member is deployed in Operation Enduring Freedom or
Operation Iraqi Freedom, to facilitate the assessment of the cognitive
(including memory) functioning of each such member upon returning from
such deployment.
(b) Diagnosis of Traumatic Brain Injury and Post Traumatic Stress
Disorder.--
(1) In general.--The Secretary shall ensure that the
protocol required by subsection (a) provides appropriate
mechanisms to permit the differential diagnosis of traumatic
brain injury (TBI) and post traumatic stress disorder (PTSD) in
members of the Armed Forces who return from deployment in
Operation Enduring Freedom or Operation Iraqi Freedom.
(2) Additional purposes.--Except as provided in subsection
(d), the Secretary may use the protocol for such other purposes
as the Secretary considers appropriate.
(c) Neurocognitive Assessments.--
(1) In general.--The protocol required by subsection (a)
shall include the administration of computer-based
neurocognitive assessments to members of the Armed Forces.
(2) Frequency.--The assessments required by paragraph (1)
shall be administered at least once to each member of the Armed
Forces--
(A) before deploying to Operation Enduring Freedom
or Operation Iraqi Freedom; and
(B) upon returning from such deployment.
(3) Development of assessment.--In developing the computer-
based assessment required by paragraph (1), the Secretary may
use or adopt a current commercial product or develop a new
computer-based assessment.
(4) Format of assessment.--The format of the assessments
required by paragraph (1) shall be the same for each
administration described in paragraph (2).
(d) Prohibition on Use of Protocol To Determine Deployment
Readiness.--The Secretary may not use the result of any assessment that
is part of the protocol required by subsection (a) to determine the
deployment readiness of any member of the Armed Forces.
(e) Availability of Medical Data.--The Secretary shall make
available such medical data on the cognitive (including memory)
functioning of members of the Armed Forces who are deployed in
Operation Enduring Freedom or Operation Iraqi Freedom that is obtained
from the protocol required by subsection (a) as the Secretary considers
appropriate to--
(1) combat medics and other Department of Defense personnel
who provide medical services to such members; and
(2) such entities as the Secretary considers appropriate.
(f) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the implementation of this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Defense to carry out this section
amounts as follows:
(1) For fiscal year 2008, $3,750,000.
(2) For fiscal years 2009 through 2012, such sums as may be
necessary.
SEC. 3. TRAINING AND CERTIFICATION PROGRAM FOR FAMILY CAREGIVER
PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE
ARMED FORCES WITH TRAUMATIC BRAIN INJURY.
(a) Program on Training and Certification of Family Caregiver
Personal Care Attendants.--The Secretary of Veterans Affairs shall
establish a program on training and certification of family caregivers
of veterans and members of the Armed Forces with traumatic brain injury
as personal care attendants of such veterans and members.
(b) Location.--The program required by subsection (a) shall be
located in each of the polytrauma centers of the Department of Veterans
Affairs designated as a Tier I polytrauma center.
(c) Training Curricula.--
(1) In general.--The Secretary of Veterans Affairs shall,
in collaboration with the Secretary of Defense, develop
curricula for the training of personal care attendants
described in subsection (a). Such curricula shall incorporate
applicable standards and protocols utilized by certification
programs of national brain injury care specialist
organizations.
(2) Use of existing curricula.--In developing the curricula
required by paragraph (1), the Secretary of Veterans Affairs
shall, to the extent practicable, utilize and expand upon
training curricula developed pursuant to section 744(b) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2308).
(d) Program Participation.--
(1) In general.--The Secretary of Veterans Affairs shall
determine the eligibility of a family member of a veteran or
member of the Armed Forces for participation in the program
required by subsection (a).
(2) Basis for determination.--A determination made under
paragraph (1) shall be based on the clinical needs of the
veteran or member of the Armed Forces concerned, as determined
by the physician of such veteran or member.
(e) Eligibility for Compensation.--A family caregiver of a veteran
or member of the Armed Forces who receives certification as a personal
care attendant under this section shall be eligible for compensation
from the Department of Veterans Affairs for care provided to such
veteran or member.
(f) Costs of Training.--
(1) Training of families of veterans.--Any costs of
training provided under the program under this section for
family members of veterans shall be borne by the Secretary of
Veterans Affairs.
(2) Training of families of members of the armed forces.--
The Secretary of Defense shall reimburse the Secretary of
Veterans Affairs for any costs of training provided under the
program under this section for family members of members of the
Armed Forces. Amounts for such reimbursement shall be derived
from amounts available for Defense Health Program for the
TRICARE program.
(g) Construction.--Nothing in this section shall be construed to
require or permit the Secretary of Veterans Affairs to deny
reimbursement for health care services provided to a veteran with a
brain injury to a personal care attendant who is not a family member of
such veteran.
SEC. 4. TELEHEALTH AND TELEMENTAL HEALTH SERVICES OF THE DEPARTMENT OF
DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Telehealth and Telemental Health Demonstration Project.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly establish a demonstration
project to assess the feasibility and advisability of using
telehealth technology to assess cognitive (including memory)
functioning of members and former members of the Armed Forces
who have sustained head trauma, in order to improve the
diagnosis and treatment of traumatic brain injury.
(2) Location.--
(A) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall carry out the
demonstration project required by paragraph (1) at one
or more locations selected by the Secretaries for
purposes of the demonstration project.
(B) Priority for rural areas.--In selecting
locations to carry out the demonstration project
required by paragraph (1), the Secretary of Defense and
the Secretary of Veterans Affairs shall give priority
to locations that would provide service in a rural
area.
(3) Requirements.--The demonstration project required by
paragraph (1) shall include the following:
(A) The use of telehealth technology to assess the
cognitive (including memory) functioning of a member or
former member of the Armed Forces, including the
following:
(i) Obtaining information regarding the
nature of any brain injury incurred by such
member or former member.
(ii) Assessing any symptoms of traumatic
brain injury in such member or former member.
(B) The use of telehealth technology to
rehabilitate members or former members of the Armed
Forces who have traumatic brain injury, and the use, to
the extent practicable, of applicable standards and
protocols used by certification programs of national
brain injury care specialist organizations in order to
assess progress in such rehabilitation.
(C) The use of telehealth technology to disseminate
education material to members and former members of the
Armed Forces and the family members of such members on
techniques, strategies, and skills for caring for and
assisting such members, and to the extend practicable,
such education materials shall incorporate training
curricula developed pursuant to section 744(b) of the
John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308).
(4) Use of proven technologies.--Any assessment
administered as a part of the demonstration project required by
paragraph (1) shall incorporate telemental health technology
that has proven effective in the diagnosis and treatment of
mental health conditions associated with traumatic brain
injury.
(5) Administration.--
(A) In general.--The demonstration project required
by paragraph (1) shall be administered under the joint
incentives program and carried out pursuant to section
8111(d) of title 38, United States Code.
(B) Funding.--Amounts to carry out the
demonstration project shall be derived from amounts in
the DOD-VA Health Care Sharing Incentive Fund
established under paragraph (2) of such section.
(6) Report.--
(A) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to
Congress a report on the demonstration project required
by paragraph (1).
(B) Submission with annual joint report.--The
report required by subparagraph (A) shall be submitted
to Congress at the same time as the annual joint report
required by section 8111(f) of title 38, United States
Code, for the fiscal year following the fiscal year of
the date of the enactment of this Act.
(b) Ongoing Study on Telehealth and Telemental Health Services.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall, through the Joint Executive Council
(JEC) of the Department of Defense and the Department of
Veterans Affairs, conduct an ongoing study of all matters
relating to the telehealth and telemental health services of
the Department of Defense and the Department of Veterans
Affairs.
(2) Matters studied.--The matters studied under paragraph
(1) shall include the following:
(A) The number of members and former members of the
Armed Forces who have used telehealth or telemental
health services of the Department of Defense or the
Department of Veterans Affairs.
(B) The extent to which members of the National
Guard and the Reserves are utilizing telehealth or
telemental health services of the Department of Defense
or the Department of Veterans Affairs.
(C) The ways in which the Department of Defense and
the Department of Veterans Affairs can improve the
integration of telehealth and telemental health
services with clinical medicine.
(D) The extent to which telehealth and telemental
health services of the Department of Defense and the
Department of Veterans Affairs are provided in rural
settings and through community-based outpatient clinics
(CBOCs).
(E) Best practices of civilian mental health
providers and facilities with respect to the provision
of telehealth and telemental health services, including
how such practices can be adopted to improve telehealth
and telemental health services of the Department of
Defense and the Department of Veterans Affairs.
(F) The feasability and advisability of partnering
with civilian mental health facilities to provide
telehealth and telemental health services to members
and former members of the Armed Forces.
(3) Annual reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter, the
Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to Congress a report on the findings of
the Joint Executive Counsel under this subsection during the
preceding year.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``national brain injury care specialist
organization'' means a national organization or association
with demonstrated experience in providing training, education,
and technical assistance in the provision of care for
individuals with brain injury.
(2) The term ``neurocognitive'' means of, relating to, or
involving the central nervous system and cognitive or
information processing abilities (thinking, memory, and
reasoning), as well as sensory processing (sight, hearing,
touch, taste, and smell), and communication (expression and
understanding).
(3) The term ``traumatic brain injury'' means an acquired
injury to the brain, including brain injuries caused by anoxia
due to trauma and such other injuries as the Secretary
considers appropriate, except that such term excludes brain
dysfunction caused by--
(A) congenital or degenerative disorders; or
(B) birth trauma. | Heroes at Home Act of 2007 - Directs the Secretary of Defense to establish a protocol for the assessment and documentation of the cognitive (including memory) functioning of each member of the Armed Forces deployed in Operations Enduring Freedom or Iraqi Freedom before such deployment in order to facilitate their cognitive functioning upon their return.
Directs the Secretary of Veterans Affairs to establish a program on training and certification of family caregivers of veterans and members with traumatic brain injury.
Authorizes such Secretaries to jointly: (1) establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive functioning of members who have sustained head trauma in order to improve their diagnosis and treatment; and (2) conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Departments of Defense and Veterans Affairs, respectively. |
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 ``Stephen Michael Gleason
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Stephen ``Steve'' Gleason was born March 19, 1977, in
Spokane, Washington to Mike and Gail Gleason.
(2) Steve attended Gonzaga Preparatory School for high
school where he excelled as both a football and baseball
player.
(3) In 1995, Steve enrolled at Washington State University
where he was a 2-sport athlete for the baseball and football
teams and helped the Cougars football team advance to the 1997
Rose Bowl.
(4) In 2000, Steve signed a professional football contract
with the Indianapolis Colts of the National Football League as
an undrafted free agent but later joined the New Orleans Saints
in November of that same season.
(5) Steve would go on to play 7 more seasons as a member of
the New Orleans Saints.
(6) Steve will always be remembered for his blocked punt on
September 25, 2006, against the Atlanta Falcons, the night the
Louisiana Superdome reopened for the first time after Hurricane
Katrina in a game the Saints would win 23 to 3.
(7) In January, 2011 Steve was diagnosed with amyotrophic
lateral sclerosis or ALS, considered a terminal neuro-muscular
disease.
(8) Following his diagnosis, Steve, with the loving support
of his wife, Michel, began a mission to show that patients can
not only live but thrive after a diagnosis of ALS and
established The Gleason Initiative Foundation also known simply
as ``Team Gleason''.
(9) At the time of his diagnosis, however, Steve said there
will be ``No White Flags'', which has become the mantra of Team
Gleason.
(10) The Gleason Initiative Foundation helps provide
individuals with neuromuscular diseases or injuries with
leading edge technology, equipment and services, raises global
awareness about ALS to find solutions and an end to the
disease, and has helped hundreds of people with ALS experience
life adventures they never thought possible after their
diagnosis.
(11) Steve's story and mission have been told by the NFL
Network, ESPN, HBO, ABC, CBS, CNN, and many local media
outlets, as well as in a 2016 documentary titled ``Gleason'',
which was heralded at the Sundance Film Festival and premiered
across the country with Variety calling the production ``an
emotional powerhouse''. The documentary won several awards,
including the 2016 Washington, D.C. Area Film Critics
Association Award for Best Documentary.
(12) Steve was named 1 of 2 Sports Illustrated's
Inspirations of the Year in 2014, has been a keynote speaker
for Microsoft and at 2 United Nations sponsored Social
Innovation Summits, and received the 2015 George S. Halas
Courage Award, given to a NFL player, coach or staff member who
overcomes the most adversity to succeed.
(13) Steve helped advocate for the Steve Gleason Act of
2015 (Public Law 114-40; 129 Stat. 441), and the Steve Gleason
Enduring Voices Act of 2017, H.R. 2465, 115th Congress (2017),
which permanently ensures people living with diseases such as
ALS have access to speech generating devices regardless of
their setting, whether at home or a healthcare institution.
(14) In 2014, Steve and Team Gleason hosted a global summit
to bring together researchers, patients, caregivers, and all
ALS stakeholders to create a plan to ultimately end ALS. That
summit resulted in the single largest coordinated and
collaborative ALS research project in the world, Answer ALS,
which brings together nearly two dozen research institutions,
1,000 patients and 20,000,000,000,000 data points that are
important to the project and that will define the unknown
pathways that will lead to treatments or finally a cure.
(15) In 2015, Steve and Microsoft worked together to create
a method for people who are completely paralyzed to navigate
their power wheelchairs with their eyes. Today, Steve,
Microsoft and all wheelchair manufacturers are working
collaboratively to make it widely available to all who need
this technology. Microsoft has also made eye tracking
technology part of all Windows 10 products across the globe.
(16) In 2011, 10 months after his diagnosis, Steve and
Michel made their most significant accomplishment, becoming
parents to their son Rivers.
(17) In addition to serving as advocates for all who are
suffering from other debilitating neurological diseases, Steve
and Michel Gleason continue to fight to find a solution for ALS
so they can share many years together and as parents to Rivers.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design to Stephen Michael Gleason.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 3, at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | Stephen Michael Gleason Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Stephen Michael Gleason. |
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 ``National Commission on Employment
and Economic Security Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Americans' commitment to economic participation has
been a defining feature of the cultural fabric of the United
States, helping individuals feel positive about themselves,
develop independence, and maintain hope for the future.
(2) During the recession that began in December 2007, more
than 8.7 million jobs were lost. The scope of the economic
downturn was so large that its impact was felt almost
everywhere along the economic spectrum, and continues to be
felt in many communities across the Nation.
(3) As Americans lose their jobs and their incomes shrink,
too often, they also face the loss of their family's health
insurance and, subsequent to the loss of income, even their
housing.
(4) Research has shown that people who have experienced
home-foreclosure are at risk for severe depressive symptoms and
increased risk for mental illness. In a 2009 study from the
American Journal of Public Health, more than 37 percent of
people going through foreclosure met criteria for ``major
depression''.
(5) The loss of a job and the subsequent loss of income,
insurance, and other benefits from that job have been proven to
not only lead to increased stress but also be substantial
triggers for mental health disorders including depression and
anxiety.
(6) Calls to the National Suicide Prevention Lifeline
increased by more than 72 percent from 2007 to 2010.
(7) According to the Bureau of Labor Statistics, the
unemployment rate hovered between 8.9 and 10 percent from April
2009 to October 2011, peaking at 10.0 percent in October 2009.
By October 2009, the number of unemployed persons had reached
nearly 15.4 million, and has yet to fall below 11 million.
(8) The number of long-term unemployed workers (those
jobless for 27 weeks or more) was 6.2 million in September
2011, an increase of 426 percent since the beginning of the
recession in 2007. In August 2013, 4.3 million Americans were
classified as long-term unemployed.
(9) According to an American Psychological Association
September 2010 report, money (76 percent), work (70 percent)
and the economy (65 percent) remained the most frequently cited
sources of stress for Americans at the height of the recession.
A recent report from February 2013 found that even as the
economy improves, these factors are relatively unchanged. Money
(69 percent), work (65 percent), and the economy (61 percent)
remain high sources of stress for Americans.
(10) According to the same 2010 American Psychological
Association report, job stability rose as a source of stress.
Nearly half (49 percent) of adults reported that job stability
was a source of stress in 2010, compared to 44 percent in 2009.
During the same time period, fewer Americans were satisfied
with the ways their employer helped them balance work and non-
work demands (36 percent compared to 42 percent in 2009).
(11) Research shows that time flexible work policies are
associated with less stress, fewer absences from work, and more
employer loyalty.
(12) Since March 2010, 7.5 million private-sector jobs have
been created in 42 straight months of job growth. During the
same time period, the unemployment rate has fallen from 9.9
percent to 7.2 percent. The Congressional Budget Office
projects that the unemployment rate will not fall below 6
percent until the end of 2016, and will remain above 5 percent
through 2023.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Commission on Employment and Economic Security''.
SEC. 4. DUTIES OF COMMISSION.
The Commission shall--
(1) examine the issues of economic and psychological
insecurity of members of the United States workforce caused by
employment displacement;
(2) gather data on the relationship between psychological
stress caused by employment insecurity and economic insecurity,
the increase in mental health disorders including clinical
depression and anxiety in the United States, and increased
violence by employees and former employees in the workplace and
in their private lives;
(3) analyze the psychological impact of increased workplace
responsibilities and stress on current workers due to
downsizing, and the role of workplace flexibility policies in
alleviating stress on these remaining workers;
(4) examine the economic and psychological effects of the
decreasing number of well-paid jobs on members of the United
States workforce and their families;
(5) analyze whether measures may be taken to reduce said
economic and psychological effects; and
(6) recommend potential solutions, including
recommendations for legislative and administrative action, to
alleviate the problems of economic and psychological insecurity
of members of the United States workforce.
SEC. 5. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 17
members, with expertise in research methods or statistics, who shall be
appointed as follows:
(1) Nine individuals appointed by the President, of which--
(A) 2 members shall be individuals who represent
labor organizations, as defined by section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5));
(B) 2 members shall be individuals who represent
business interests;
(C) 2 members shall be individuals who represent
mental health interests; and
(D) 3 members shall be individuals who represent
relevant Federal agencies.
(2) Two individuals appointed by the Speaker of the House
of Representatives.
(3) Two individuals appointed by the minority leader of the
House of Representatives.
(4) Two individuals appointed by the majority leader of the
Senate.
(5) Two individuals appointed by the minority leader of the
Senate.
(b) Qualifications.--
(1) In general.--Members shall be experts in the fields of
labor, employment, economics, and psychology.
(2) Political affiliation.--Political affiliation shall not
be a factor in the appointment of members.
(c) Deadline for Appointment.--Each member shall be appointed to
the Commission not later than 90 days after the date of enactment of
this Act.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(f) Basic Pay.--Members shall serve without pay.
(g) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(h) Quorum.--Eight members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(i) Chairperson.--
(1) In general.--The Chairperson of the Commission shall be
elected by the members not later than 30 days after the date on
which all of the original members of the Commission have been
appointed.
(2) Presidential appointment.--If the members of the
Commission are unable to elect the Chairperson in accordance
with paragraph (1), the President shall appoint a member of the
Commission to be the Chairperson.
(j) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 6. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
personnel of the Commission as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any Federal department or agency information necessary to enable
it to carry out this Act. Upon request of the Chairperson of the
Commission, the head of that department or agency shall provide that
information to the Commission.
(d) Mail.--The Commission may use the United States mail in the
same manner and under the same conditions as other Federal departments
and agencies.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Immunity.--The Commission is an agency of the United States for
purpose of part V of title 18, United States Code (relating to immunity
of witnesses).
(g) Subpoena Power.--
(1) In general.--The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the
production of evidence relating to any matter described in
paragraphs (1) through (3) of section 4.
(2) Failure to obey an order or subpoena.--If a person
refuses to obey a subpoena issued under paragraph (1), the
Commission may apply to a United States district court for an
order requiring that person to appear before the Commission to
give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within
the judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(h) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 8. REPORT OF COMMISSION.
Not later than 1 year after the date on which all original members
have been appointed to the Commission, the Commission shall transmit to
the President and Congress a report that contains a detailed statement
of the findings and recommendations of the Commission made pursuant to
section 4.
SEC. 9. TERMINATION OF COMMISSION.
(a) Termination.--The Commission shall terminate 60 days after the
date of submission of the report pursuant to section 8.
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
second report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $2,000,000
for fiscal year 2012 for use in the development and implementation of
plans under this Act.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) are authorized to remain available until expended. | National Commission on Employment and Economic Security Act - Establishes the National Commission on Employment and Economic Security to: (1) examine the effects of economic and psychological insecurity caused by employment displacement and the decreasing number of well-paid jobs on U.S. workers and their families; and (2) recommend to the President and Congress potential solutions, including legislative and administrative action, to alleviate such problems. |
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 ``Travel and Tourism Promotion Act of
2001''.
TITLE I--TAX PROVISIONS
SEC. 2. CONSUMER TRAVEL TAX CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and
inserting after section 34 the following:
``SEC. 35. CONSUMER TRAVEL CREDIT.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the qualified consumer travel
expenses which are paid or incurred by the taxpayer during the taxable
year.
``(b) Maximum Credit.--The credit allowed to a taxpayer under
subsection (a) for any taxable year shall not exceed $500 ($1000, in
the case of a joint return), reduced by the amount of credit allowed
under subsection (a) for all preceding taxable years.
``(c) Qualified Consumer Travel Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified consumer travel
expenses' means reasonable expenses in connection with a
qualifying personal trip for--
``(A) travel by aircraft, rail, watercraft, or
commercial motor vehicle, and
``(B) lodging while away from home at any
commercial lodging facility.
Such term does not include expenses for meals, entertainment,
amusement, or recreation.
``(2) Qualifying personal trip.--
``(A) In general.--The term `qualifying personal
trip' means leisure travel within the United States
which is taken on or after October 1, 2001, and before
January 1, 2003.
``(B) Only personal travel included.--Such term
shall not include travel if, without regard to this
section, any expenses in connection with such travel
are deductible in connection with a trade or business
or activity for the production of income.
``(C) United states.--The term `United States'
includes the Commonwealth of Puerto Rico and a
possession of the United States (as defined in section
936).
``(3) Commercial lodging facility.--The term `commercial
lodging facility' includes any hotel, motel, resort, rooming
house, or campground
``(d) Special Rules.--
``(1) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(2) Expenses must be substantiated.--No credit shall be
allowed by subsection (a) unless the taxpayer substantiates by
adequate records or by sufficient evidence corroborating the
taxpayer's own statement the amount of the expenses described
in subsection (c)(1).
``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which credit is allowed under
this section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 35. Consumer travel credit.
``Sec. 36. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid on or after the date of enactment of this Act,
and before January 1, 2003.
TITLE II--TRAVEL AND TOURISM PROMOTION BUREAU
SEC. 21. UNITED STATES TRAVEL AND TOURISM PROMOTION BUREAU.
(a) Establishment.--There is established in the Department of
Commerce a United States Travel and Tourism Promotion Bureau (in this
title referred to as the ``Bureau'').
(b) Purpose.--The Bureau shall--
(1) work to help restore consumer confidence in travel in
the two years following the September 11, 2001, terrorist
attacks on the United States; and
(2) work in conjunction with private industry and industry
employee representatives to design and implement public service
announcements and advertising to promote tourism, encouraging
Americans and foreign visitors to rediscover the nation's
treasures.
(c) Powers.--To carry out the purposes of this title, the Bureau
may--
(1) distribute funds to any travel and tourism related
organization or association;
(2) enter into contracts with private organizations or
business;
(3) utilize up to three existing employees of the
Department of Commerce, as may be assigned by the Secretary;
and
(4) conduct any and all acts necessary and proper to carry
out the purposes of this title.
SEC. 22. UNITED STATES TRAVEL AND TOURISM PROMOTION BUREAU ADVISORY
COMMITTEE.
(a) Establishment.--There is established a United States Travel and
Tourism Promotion Bureau Advisory Committee (in this title referred to
as the ``Advisory Committee'') for the purpose of recommending
activities to the Bureau.
(b) Members.--Not later than 30 days after the date of enactment of
this Act, the Secretary of Commerce shall appoint the members of the
Advisory Committee of whom--
(1) 1 member shall be a representative of the aviation
industry;
(2) 1 member shall be a representative of airline workers;
(3) 1 member shall be a representative of the hotel
industry;
(4) 1 member shall be a representative of hotel workers;
(5) 1 member shall be a representative of the restaurant
industry;
(6) 1 member shall be a representative of restaurant
workers;
(7) 1 member shall be a representative of amusement parks;
and
(8) 1 member shall be a member of the Rural Tourism
Foundation.
(c) Chair.--The Advisory Committee shall elect a Chair for an
initial term of 6 months. After such initial term, the Chair shall be
elected for such term as the Committee may designate.
(d) Vacancies.--If a vacancy occurs in the membership of the
Committee, the Secretary of Commerce shall fill the vacancy, provided
that the membership of the Committee remains consistent with subsection
(b).
SEC. 23. QUARTERLY REPORTING PROVISION.
Not less than once every 90 days, the Bureau shall report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives
regarding--
(1) the activities of the Bureau to promote travel and
tourism; and
(2) the state of the travel and tourism industry.
SEC. 24. SUNSET.
The provisions of this title shall terminate on the date that is 2
years after the date of enactment of this Act.
SEC. 25. APPROPRIATIONS.
(a) In General.--Notwithstanding the provisions of the 2001
Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States, of the amounts made
available under such Act not less than $60,000,000 shall be available
solely for the purpose of carrying out this title.
(b) Availability of Funds.--The funds made available under
subsection (a) shall remain available without fiscal year limitation
until expended, but not later than September 31, 2003. | Travel and Tourism Promotion Act of 2001 - Amends the Internal Revenue Code to allow a consumer travel credit. Establishes in the Department of Commerce a United States Travel and Tourism Promotion Bureau to promote tourism and restore consumer confidence in the wake of September 11, 2001. Establishes a United States Travel and Tourism Promotion Bureau Advisory Committee. |
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 ``Critical Habitat Enhancement Act of
2005''.
SEC. 2. DESIGNATION OF CRITICAL HABITAT; STANDARD.
(a) In General.--Section 4(a) of the Endangered Species Act of 1973
(16 U.S.C. 1533(a)) is amended--
(1) by redesignating subparagraph (B) of paragraph (3) as
paragraph (4);
(2) in paragraph (4) (as so redesignated)--
(A) by striking ``(i)'' and inserting ``(A)'';
(B) by striking ``(ii)'' and inserting ``(B)''; and
(C) by striking ``(iii)'' and inserting ``(C)'';
and
(3) by amending paragraph (3) to read as follows:
``(3)(A)(i) The Secretary shall, by regulation promulgated in
accordance with subsection (b) and to the maximum extent practicable,
prudent, and determinable, issue a final regulation designating any
habitat of the species determined to be an endangered species or
threatened species that is critical habitat of the species.
``(ii) The Secretary shall make any designation required under
clause (i) by not later than one year after the final approval of a
recovery plan for the species under section 4(f), or 3 years after the
date of publication of the final regulation implementing a
determination that the species is an endangered species or threatened
species, whichever is earlier.
``(B) The Secretary shall reconsider any determination that
designation of critical habitat of a species is not practicable, or
determinable, during the next review under section 4(c)(2)(A) or at the
time of a final approval of a recovery plan for the species under
section 4(f).
``(C) The Secretary may, from time-to-time as appropriate, revise
any designation of critical habitat under this paragraph.
``(D) Notwithstanding subparagraphs (A), (B), and (C), any
designation of an area as critical habitat shall not apply with respect
to any action authorized by--
``(i) a permit under section 10(a) (including any
conservation plan or agreement under that section for such a
permit) that applies to the area;
``(ii) a written statement under section 7(b)(4); or
``(iii) a land conservation or species management program
of a State, a Federal agency, a federally recognized Indian
tribe located within the contiguous 48 States, or the
Metlakatla Indian Community that the Secretary determines
provides protection for habitat of the species that is
substantially equivalent to the protection that would be
provided by such designation.
``(E) Nothing in this paragraph shall be construed to authorize a
recovery plan to establish regulatory requirements or otherwise to have
an effect other than as non-binding guidance.''.
(b) Conforming Amendment.--Section 4(b)(6)(C) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(6)(C)) is repealed.
SEC. 3. BASIS FOR DETERMINATION.
Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) In determining whether an area is critical habitat, the
Secretary shall seek and, if available, consider information from State
and local governments in the vicinity of the area, including local
resource data and maps.
``(C) Consideration of economic impact under this paragraph shall
include--
``(i) direct, indirect, and cumulative economic costs and
benefits, including consideration of changes in revenues
received by landowners, the Federal Government, and State and
local governments; and
``(ii) costs associated with the preparation of reports,
surveys, and analyses required to be undertaken, as a
consequence of a proposed designation of critical habitat, by
landowners seeking to obtain permits or approvals required
under Federal, State, or local law.
``(D) In designating critical habitat of a species, the Secretary
shall first consider all areas that are known to be within the
geographical area determined by field survey data to be occupied by the
species.''.
SEC. 4. CONTENT OF NOTICES OF PROPOSED DESIGNATION OF CRITICAL HABITAT.
Section 4(b)(5)(A) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(5)(A)) is amended--
(1) in clause (i) by striking ``, and'' and inserting a
semicolon;
(2) in clause (ii)--
(A) by striking ``and to each'' and inserting ``to
each''; and
(B) by inserting ``, and to the county and any
municipality having administrative jurisdiction over
the area'' after ``to occur''; and
(3) by adding at the end the following:
``(iii) with respect to a regulation to designate
or revise a designation of critical habitat--
``(I) publish maps and coordinates that
describe, in detail, the specific areas that
meet the definition under section 3 of, and are
designated under section 4(a) as, critical
habitat, and all field survey data upon which
such designation is based; and
``(II) maintain such maps, coordinates, and
data on a publicly accessible Internet page of
the Department; and
``(iv) include in each of the notices required
under this subparagraph a reference to the Internet
page referred to in clause (iii)(II);''.
SEC. 5. CLARIFICATION OF DEFINITION OF CRITICAL HABITAT.
Section 3(5) of the Endangered Species Act of 1973 (16 U.S.C.
1532(5)) is amended--
(1) in subparagraph (A) by striking clauses (i) and (ii)
and inserting the following:
``(i) the specific areas--
``(I) that are within the geographical area
determined by field survey data to be occupied by the
species at the time the areas are designated as
critical habitat in accordance with section 4; and
``(II) on which are found those physical and
biological features that are necessary to avoid
jeopardizing the continued existence of the species and
may require special management considerations or
protection; and
``(ii) areas that are not within the geographical area
referred to in clause (i)(I) and that the Secretary determines
are essential for the survival of the species at the time the
areas are designated as critical habitat in accordance with
section 4.'';
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(3) by adding at the end the following:
``(C) For purposes of subparagraph (A)(i) the term `geographical
area determined by field survey data to be occupied by the species'
means the specific area that, at the time the area is designated as
critical habitat in accordance with section 4, is being used by the
species for breeding, feeding, sheltering, or another essential
behavioral pattern.''. | Critical Habitat Enhancement Act of 2005 - Amends the Endangered Species Act of 1973 to require the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce) to make any designation of critical habitat of an endangered or threatened species not later than one year after final approval of a recovery plan for the species or three years after final regulations implementing a determination that the species is endangered or threatened, whichever is earlier.
Directs the Secretary to reconsider determinations that critical habitat designation is not practicable or determinable during the next five-year review of listed species or at the time of final approval of a recovery plan for the species.
Makes critical habitat designations inapplicable to actions authorized by: (1) an incidental taking permit; (2) an incidental taking statement provided by the Secretary; or (3) a land conservation or species management program that meets specified requirements.
Directs the Secretary, in determining whether an area is critical habitat, to seek and consider information from local governments in the vicinity of the area.
Specifies factors for consideration in determining the economic impact of critical habitat designation.
Modifies notice requirements applicable to proposed designations of critical habitat to require that any municipality having administrative jurisdiction over the area in which the species is believed to occur is given actual notice.
Redefines "critical habitat" to mean geographic areas determined by field survey data to be occupied by the species at the time of designation and which are necessary to the continued existence of the species. |
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 ``Health Insurance Coverage Protection
Act''.
SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.) is amended by adding at the end the following:
``SEC. 714. LIMITATION ON LIFETIME AGGREGATE LIMITS.
``(a) In General.--A group health plan and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, may not impose an aggregate dollar lifetime limit of less
than--
``(1) with respect to the first 2 plan years after the
effective date of this section, $5,000,000;
``(2) with respect to the third and fourth plan years after
such date, $10,000,000; and
``(3) with respect to each subsequent year, the amount for
the previous year adjusted by the percentage increase in the
consumer price index (for all urban consumers) for such year;
with respect to benefits payable under the plan or coverage.
``(b) Small Employers.--
``(1) In general.--Subsection (a) shall not apply to any
group health plan (and group health insurance coverage offered
in connection with a group health plan) offered to or
maintained for employees of a small employer, except that upon
the request of such a small employer, the plan involved shall
provide for the application of an aggregate dollar lifetime
limit that is consistent with the limit required under such
subsection.
``(2) Small employer.--For purposes of paragraph (1), the
term `small employer' means an employer who normally employed
fewer than 20 employees on a typical business day during the
preceding calendar year and who employs fewer than 20 employees
on the first day of the plan year.
``(3) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the number of employees that
it is reasonably expected such employer will normally
employ on a typical business day in the current
calendar year.
``(C) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.
``(c) Definition.--In this section, the term `aggregate dollar
lifetime limit' means, with respect to benefits under a group health
plan or health insurance coverage, a dollar limitation on the total
amount that may be paid with respect to such benefits under the plan or
health insurance coverage with respect to an individual or other
coverage unit.''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act, is amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Limitation on lifetime aggregate limits''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after the date that is
1 year after the date of enactment of this Act.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
GROUP MARKET.
(a) In General.--Subpart 2 of part A of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at
the end the following:
``SEC. 2707. LIMITATION ON LIFETIME AGGREGATE LIMITS.
``(a) In General.--A group health plan and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, may not impose an aggregate dollar lifetime limit of less
than--
``(1) with respect to the first 2 plan years after the
effective date of this section, $5,000,000;
``(2) with respect to the third and fourth plan years after
such date, $10,000,000; and
``(3) with respect to each subsequent year, the amount for
the previous year adjusted by the percentage increase in the
consumer price index (for all urban consumers) for such year;
with respect to benefits payable under the plan or coverage.
``(b) Small Employers.--
``(1) In general.--Subsection (a) shall not apply to any
group health plan (and group health insurance coverage offered
in connection with a group health plan) offered to or
maintained for employees of a small employer, except that upon
the request of such a small employer, the plan involved shall
provide for the application of an aggregate dollar lifetime
limit that is consistent with the limit required under such
subsection.
``(2) Small employer.--For purposes of paragraph (1), the
term `small employer' means an employer who normally employed
fewer than 20 employees on a typical business day during the
preceding calendar year and who employs fewer than 20 employees
on the first day of the plan year.
``(3) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the number of employees that
it is reasonably expected such employer will normally
employ on a typical business day in the current
calendar year.
``(C) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.
``(c) Definition.--In this section, the term `aggregate dollar
lifetime limit' means, with respect to benefits under a group health
plan or health insurance coverage, a dollar limitation on the total
amount that may be paid with respect to such benefits under the plan or
health insurance coverage with respect to an individual or other
coverage unit.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to plan years beginning on or after the date that is 1
year after the date of enactment of this Act.
SEC. 4. STUDY BY THE INSTITUTE OF MEDICINE.
The Secretary of Health and Human Services shall enter into a
contract with the Institute of Medicine for the conduct of a study to
determine the number of individuals who have reached the lifetime
limitations set forth in the amendments made by this Act beginning in
the third plan year for which such amendments apply. Not later than 1
year after the date on which the study is conducted under the previous
sentence, the Institute of Medicine shall submit to the Secretary and
the appropriate committees of Congress a report concerning the results
of the study. | Health Insurance Coverage Protection Act - Amends the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act to prohibit a group health plan from imposing an aggregate lifetime benefit limit of less than: (1) $5 million for the first two plan years; (2) $10 million for the third and fourth plan years; and (3) adjusted amounts based on the consumer price index for subsequent plan years. Excludes from such prohibition a group health plan offered to employees of a small employer, except upon request of the employer for a consistent limit.
Requires the Secretary of Health and Human Services to contract with the Institute of Medicine for a study to determine the number of individuals who have reached the lifetime limitations set forth in this Act. |
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 ``Presidential Tax Transparency Act''.
SEC. 2. DISCLOSURE OF TAX RETURNS BY PRESIDENTS AND CERTAIN
PRESIDENTIAL CANDIDATES.
(a) In General.--Title I of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting after section 102 the following:
``SEC. 102A. DISCLOSURE OF TAX RETURNS.
``(a) Definitions.--In this section--
``(1) the term `covered candidate' means an individual--
``(A) required to file a report under section
101(c); and
``(B) who is nominated by a major party as a
candidate for the office of President;
``(2) the term `covered individual' means--
``(A) a President required to file a report under
subsection (a) or (d) of section 101; and
``(B) an individual who occupies the office of the
President required to file a report under section
101(e);
``(3) the term `major party' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986; and
``(4) the term `income tax return' means, with respect to
any covered candidate or covered individual, any return (within
the meaning of section 6103(b) of the Internal Revenue Code of
1986) related to Federal income taxes, but does not include--
``(A) information returns issued to persons other
than such covered candidate or covered individual; and
``(B) declarations of estimated tax.
``(b) Disclosure.--
``(1) Covered individuals.--
``(A) In general.--In addition to the information
described in subsections (a) and (b) of section 102, a
covered individual shall include in each report
required to be filed under this title a copy of the
income tax returns of the covered individual for the 3
most recent taxable years for which a return has been
filed with the Internal Revenue Service as of the date
on which the report is filed.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A), the Director
of the Office of Government Ethics shall submit to the
Secretary of the Treasury a request that the Secretary
of the Treasury provide the Director of the Office of
Government Ethics with a copy of the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Director of the Office of Government Ethics and made
publicly available in the same manner as the
information described in subsections (a) and (b) of
section 102.
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Director of the
Office of Government Ethics shall redact such
information as the Director of the Office of Government
Ethics, in consultation with the Secretary of the
Treasury (or a delegate of the Secretary), determines
appropriate.
``(2) Candidates.--
``(A) In general.--Not later than 15 days after the
date on which a covered candidate is nominated, the
covered candidate shall amend the report filed by the
covered candidate under section 101(c) with the Federal
Election Commission to include a copy of the income tax
returns of the covered candidate for the 3 most recent
taxable years for which a return has been filed with
the Internal Revenue Service.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A) the Federal
Election Commission shall submit to the Secretary of
the Treasury a request that the Secretary of the
Treasury provide the Federal Election Commission with
the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Federal Election Commission and made publicly available
in the same manner as the information described in
section 102(b).
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Federal Election
Commission shall redact such information as the Federal
Election Commission, in consultation with the Secretary
of the Treasury (or a delegate of the Secretary) and
the Director of the Office of Government Ethics,
determines appropriate.
``(3) Special rule for sitting presidents.--Not later than
30 days after the date of enactment of this section, the
President shall submit to the Director of the Office of
Government Ethics a copy of the income tax returns described in
paragraph (1)(A).''; and
(2) in section 104--
(A) in subsection (a)--
(i) in paragraph (1), in the first
sentence, by inserting ``or any individual who
knowingly and willfully falsifies or who
knowingly and willfully fails to file an income
tax return that such individual is required to
disclose pursuant to section 102A'' before the
period; and
(ii) in paragraph (2)(A)--
(I) in clause (i), by inserting
``or falsify any income tax return that
such person is required to disclose
under section 102A'' before the
semicolon; and
(II) in clause (ii), by inserting
``or fail to file any income tax return
that such person is required to
disclose under section 102A'' before
the period;
(B) in subsection (b), in the first sentence by
inserting ``or willfully failed to file or has
willfully falsified an income tax return required to be
disclosed under section 102A'' before the period;
(C) in subsection (c), by inserting ``or failing to
file or falsifying an income tax return required to be
disclosed under section 102A'' before the period; and
(D) in subsection (d)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or files an income tax
return required to be disclosed under section
102A'' after ``title''; and
(ii) in subparagraph (A), by inserting ``or
such income tax return, as applicable,'' after
``report''.
(b) Authority To Disclose Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents and
certain presidential candidates.--
``(A) Disclosure of returns of presidents.--
``(i) In general.--The Secretary shall,
upon written request from the Director of the
Office of Government Ethics pursuant to section
102A(b)(1)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Office of Government Ethics a copy of any
income tax return of the President which is
required to be filed under section 102A of such
Act.
``(ii) Disclosure to public.--The Director
of the Office of Government Ethics may disclose
to the public the income tax return of any
President which is required to be filed with
the Director pursuant to section 102A of the
Ethics in Government Act of 1978.
``(B) Disclosure of returns of certain candidates
for president.--
``(i) In general.--The Secretary shall,
upon written request from the Chairman of the
Federal Election Commission pursuant to section
102A(b)(2)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Federal Election Commission copies of the
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(a)) for the office of
President.
``(ii) Disclosure to public.--The Federal
Election Commission may disclose to the public
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(6)) for the office of
President and which is required to be filed
with the Commission pursuant to section 102A of
the Ethics in Government Act.
``(C) Applicable returns.--For purposes of this
paragraph, the term `applicable returns' means, with
respect to any candidate for the office of President,
income tax returns for the 3 most recent taxable years
for which a return has been filed as of the date of the
nomination.''.
(2) Conforming amendments.--Section 6103(p)(4) of such
Code, in the matter preceding subparagraph (A) and in
subparagraph (F)(ii), is amended by striking ``or (22)'' and
inserting ``(22), or (23)'' each place it appears. | Presidential Tax Transparency Act This bill amends the Ethics in Government Act of 1978 to require the President and certain candidates for President to disclose federal income tax returns for the three most recent taxable years in reports filed with either the Office of Government Ethics (OGE) or the Federal Election Commission (FEC), in the case of a candidate. The OGE or the FEC must make the disclosed tax returns publicly available after making appropriate redactions. If the income tax returns are not disclosed as required by this bill, the OGE or the FEC must request the returns from the Internal Revenue Service (IRS). The bill amends the Internal Revenue Code to require the IRS, upon receiving a written request from the FEC or the OGE, to provide any income tax return that is required to be disclosed under this bill. The bill also establishes civil and criminal penalties for failing to file or falsifying income tax returns that are required to be disclosed pursuant to this bill. |
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 ``Regulations Endanger Democracy Act
of 2015'' or the ``RED Tape Act of 2015''.
SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING RULE.
(a) Definitions.--In this section--
(1) the term ``agency'' has the meaning given that term in
section 551 of title 5, United States Code;
(2) the term ``covered rule'' means a rule of an agency
that causes a new financial or administrative burden on
businesses in the United States or on the people of the United
States, as determined by the head of the agency;
(3) the term ``rule''--
(A) has the meaning given that term in section 551
of title 5, United States Code; and
(B) includes--
(i) any rule issued by an agency pursuant
to an Executive order or Presidential
memorandum; and
(ii) any rule issued by an agency due to
the issuance of a memorandum, guidance
document, bulletin, or press release issued by
an agency; and
(4) the term ``Unified Agenda'' means the Unified Agenda of
Federal Regulatory and Deregulatory Actions.
(b) Prohibition on Issuance of Certain Rules.--
(1) In general.--An agency may not--
(A) issue a covered rule that does not amend or
modify an existing rule of the agency, unless--
(i) the agency has repealed 1 or more
existing covered rules of the agency; and
(ii) the cost of the covered rule to be
issued is less than or equal to the cost of the
covered rules repealed under clause (i), as
determined and certified by the head of the
agency; or
(B) issue a covered rule that amends or modifies an
existing rule of the agency, unless--
(i) the agency has repealed or amended 1 or
more existing covered rules of the agency; and
(ii) the cost of the covered rule to be
issued is less than or equal to the cost of the
covered rules repealed or amended under clause
(i), as determined and certified by the head of
the agency.
(2) Penalty for failure to repeal or amend rules.--During
the period beginning on the date of failure to comply by an
agency with paragraph (1) in issuing a covered rule, and ending
on the date on which the agency complies with paragraph (1)
with respect to that covered rule, no statutory pay adjustment
(as defined in section 147(b) of the Continuing Appropriations
Act, 2011 (5 U.S.C. 5303 note)) shall take effect with respect
to any employee of the agency.
(3) Application.--Paragraph (1) shall not apply to the
issuance of a covered rule by an agency that--
(A) relates to the internal policy or practice of
the agency or procurement by the agency; or
(B) is being revised to be less burdensome to
decrease requirements imposed by the covered rule or
the cost of compliance with the covered rule.
(c) Considerations for Repealing Rules.--In determining whether to
repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection
(b)(1), the head of the agency that issued the covered rule shall
consider--
(1) whether the covered rule achieved, or has been
ineffective in achieving, the original purpose of the covered
rule;
(2) any adverse effects that could materialize if the
covered rule is repealed, in particular if those adverse
effects are the reason the covered rule was originally issued;
(3) whether the costs of the covered rule outweigh any
benefits of the covered rule to the United States;
(4) whether the covered rule has become obsolete due to
changes in technology, economic conditions, market practices,
or any other factors; and
(5) whether the covered rule overlaps with a covered rule
to be issued by the agency.
(d) Publication of Covered Rules in Unified Agenda.--
(1) Requirements.--Each agency shall, on a semiannual
basis, submit jointly and without delay to the Office of
Information and Regulatory Affairs for publication in the
Unified Agenda a list containing--
(A) each covered rule that the agency intends to
issue during the 6-month period following the date of
submission;
(B) each covered rule that the agency intends to
repeal or amend in accordance with subsection (b)
during the 6-month period following the date of
submission; and
(C) the cost of each covered rule described in
subparagraphs (A) and (B).
(2) Prohibition.--An agency may not issue a covered rule
unless the agency complies with the requirements under
paragraph (1). | Regulations Endanger Democracy Act of 2015 or the RED Tape Act of 2015 Prohibits a federal agency from issuing a covered rule (a rule that causes a new financial or administrative burden on businesses or people in the United States) that either amends or modifies an existing agency rule or does not amend or modify an existing rule unless the agency has repealed one or more existing covered rules and the cost of the rule to be issued is less than or equal to that of the covered rules repealed. Exempts a covered rule that: (1) relates to the internal policy or practice of, or procurement by, the agency; or (2) is being revised to be less burdensome by decreasing requirements imposed by, or compliance costs of, the rule. Prohibits any statutory pay adjustment from taking effect for any employee of an agency during any period during which the agency is not in compliance with such requirement. Directs an agency, in determining whether to repeal a covered rule, to consider: (1) whether the rule has achieved its purpose, has become obsolete, or overlaps with a covered rule to be issued; (2) any adverse effects that could materialize if the rule is repealed; and (3) whether the costs of the rule outweigh it benefits. Requires each agency, semiannually, to submit to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing each covered rule the agency intends to issue, repeal, or amend during the following six months and the cost of each such rule. |
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 ``Stop Obesity in Schools Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 64.5 percent (119,000,000) of
American adults and 15 percent (9,000,000) of American children
are overweight or obese.
(2) The prevalence of obesity among children aged 6 to 11
more than doubled in the past 20 years, going from 7 percent in
1980 to 18.8 percent in 2004. The rate among adolescents aged
12 to 19 more than tripled, increasing from 5 percent to 17.1
percent.
(3) An estimated 61 percent of overweight young people have
at least 1 additional risk factor for heart disease, such as
high cholesterol or high blood pressure. In addition, children
who are overweight are at greater risk for bone and joint
problems, sleep apnea, and social and psychological problems
such as stigmatization and poor self-esteem.
(4) According to the Department of Health and Human
Services, obesity-related illnesses cost this nation
approximately $117,000,000,000 per year in increased health
care costs. This includes $61,000,000,000 in direct medical
costs for treatment of related diseases and $56,000,000,000 in
indirect costs such as lost productivity.
(5) A report released by Trust for America's Health,
entitled ``F as in Fat: How Obesity Policies are Failing in
America'', found that the United States does not have an
aggressive, coordinated national strategy needed to address
this crisis.
SEC. 3. NATIONAL STRATEGY TO REDUCE CHILDHOOD OBESITY.
The Secretary of Health and Human Services, in cooperation with
State and local governments, Federal agencies, local educational
agencies, health care providers, the research community, and the
private sector, shall develop a national strategy to reduce childhood
obesity in the United States. Such strategy shall--
(1) provide for the reduction of childhood obesity rates by
10 percent by the year 2011;
(2) address both short- and long-term solutions to reducing
the rates of childhood obesity in the United States;
(3) identify how the Federal Government can work
effectively with State and local governments, local educational
agencies, health care providers, the research community, the
private sector, and other entities as necessary to implement
the strategy; and
(4) include measures to identify and overcome all obstacles
to achieving the goal of reducing childhood obesity in the
United States.
SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO ADOPT WELLNESS POLICIES
AND ANTI-OBESITY INITIATIVES.
(a) Grants.--The Director of the Centers for Disease Control and
Prevention shall make grants to local educational agencies to reduce
childhood obesity by adopting wellness policies and anti-obesity
initiatives.
(b) Use of Funds.--As a condition on the receipt of a grant under
this section, a local educational agency shall agree to use the grant
to reduce childhood obesity by adopting wellness policies and anti-
obesity initiatives, which may include one or more of the following:
(1) Strategies to improve the nutritional value of food
served on school campuses.
(2) Innovative ways to incorporate nutrition education into
the curriculum from prekindergarten through grade 12.
(3) Increased physical activity in during-and-after-school
activities.
(4) Any other measure that, in the determination of the
Director, may provide a significant improvement in the health
and wellness of children.
(c) Cost Sharing.--As a condition on the receipt of a grant under
this section, a local educational agency shall agree to pay, from funds
derived from non-Federal sources, not less than 25 percent of the costs
of the activities carried out with the grant.
(d) Application.--To seek a grant under this section, a local
educational agency shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may require.
(e) Annual Accountability Report.--As a condition on the receipt of
a grant under this section, a local educational agency shall agree to
submit an annual accountability report to the Director. Each such
report shall include a description of the degree to which the agency,
in using grant funds, has made progress in reducing childhood obesity.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $20,000,000 for each of fiscal
years 2008 through 2011.
SEC. 5. EVALUATION OF PROGRAMS FOR THE PREVENTION OF OBESITY IN
CHILDREN AND ADOLESCENTS.
(a) In General.--For the purpose described in subsection (b), the
Director shall (directly or through grants or contracts awarded to
public or nonprofit private entities) arrange for the evaluation of a
wide variety of existing programs designed in whole or in part to
prevent obesity in children and adolescents, including programs that do
not receive grants from the Federal Government for operation.
(b) Purpose.--The purpose of the evaluation under this section
shall be to determine the following:
(1) The effectiveness of programs in reducing obesity in
children and adolescents.
(2) The factors contributing to the effectiveness of the
programs.
(3) The feasibility of replicating the programs in other
locations.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Director shall submit a report to the
Congress on the results of the evaluation under this section.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2008 through 2011.
SEC. 6. HEALTHY LIVING AND WELLNESS COORDINATING COUNCILS.
(a) Grants.--The Director shall make grants on a competitive basis
to State governments, local governments, and consortia of local
governments to reduce childhood obesity through--
(1) establishing or expanding healthy living and wellness
coordinating councils; and
(2) supporting regional workshops.
(b) Uses of Funds.--As a condition on the receipt of a grant under
this section, an entity shall agree to use the grant to carry out one
or more of the following:
(1) Establishing a healthy living and wellness coordinating
council.
(2) Expanding the activities of a healthy living and
wellness coordinating council, including by implementing State-
based or region-wide activities that will reduce the rates of
childhood obesity.
(3) Supporting regional workshops designed to permit
educators, administrators, health care providers, and other
relevant parties to share successful research-based strategies
for increasing healthy living and reducing obesity in
elementary and secondary schools.
(c) Council Requirements.--In this section, the term ``healthy
living and wellness coordinating council'' means an organization that--
(1) is charged by a State government, a local government,
or a consortium of local governments, as applicable, to
increase healthy living and reduce obesity in elementary and
secondary schools; and
(2) is composed of educators, administrators, health care
providers, and other relevant parties.
(d) Cost Sharing.--As a condition on the receipt of a grant under
this section, an entity shall agree to pay, from funds derived from
non-Federal sources, not less than 25 percent of the costs of the
activities carried out with the grant.
(e) Annual Accountability Report.--As a condition on the receipt of
a grant under this section, an entity shall agree to submit an annual
accountability report to the Director. Each such report shall include a
description of the degree to which the entity, in using grant funds,
has made progress in increasing healthy living and reducing obesity in
elementary and secondary schools.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2008 through 2011.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the Centers
for Disease Control and Prevention.
(2) The term ``local educational agency'' has the meaning
given to that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801). | Stop Obesity in Schools Act of 2007 - Requires the Secretary of Health and Human Services to develop a national strategy to reduce childhood obesity that: (1) provides for the reduction of childhood obesity rates by 10% by the year 2011; (2) addresses short-term and long-term solutions; (3) identifies how the federal government can work effectively with entities to implement the strategy; and (4) includes measures to identify and overcome obstacles.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) make matching grants to local educational agencies to reduce childhood obesity by adopting wellness policies and anti-obesity initiatives; (2) arrange for the evaluation of a wide variety of existing programs designed to prevent obesity in children and adolescents to determine their effectiveness, factors contributing to their effectiveness, and the feasibility of replicating the programs in other locations; and (3) make matching grants to state governments, local governments, and consortia of local governments to reduce childhood obesity through establishing or expanding healthy living and wellness coordinating councils (that are charged to increase healthy living and reduce obesity in elementary and secondary schools) and supporting regional workshops. |
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 ``Family Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The World Health Organization formally recognizes
infertility as a disease, and the Centers for Disease Control
and Prevention have stated that infertility is an emerging
public health priority.
(2) According to the Centers for Disease Control and
Prevention, approximately 3,000,000 have infertility.
(3) Medical insurance coverage for infertility treatments
is sparse and inconsistent at the State level--only 8 States
have passed laws to require comprehensive infertility coverage,
and under those State laws most employer-sponsored plans are
exempt; therefore, coverage for treatments such as in vitro
fertilization is limited. According to Mercer's 2005 National
Survey of Employer-Sponsored Health Plans, in vitro
fertilization was covered by 19 percent of large employer-
sponsored health plans and only 11 percent of small employer-
sponsored health plans. Even in States with coverage mandates,
out-of-pocket expenses for these treatments are significant.
SEC. 3. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting before
section 24 the following new section:
``SEC. 23A. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 50 percent of the
qualified infertility treatment expenses paid or incurred during the
taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount of qualified
infertility treatment expenses which may be taken into account
under subsection (a) for all taxable years shall not exceed
$13,360 with respect to any eligible individual.
``(2) Income limitation.--
``(A) In general.--The amount otherwise allowable
as a credit under subsection (a) for any taxable year
(determined after the application of paragraph (1) and
without regard to this paragraph and subsection (c))
shall be reduced (but not below zero) by an amount
which bears the same ratio to the amount so allowable
as--
``(i) the amount (if any) by which the
taxpayer's adjusted gross income exceeds
$150,000; bears to
``(ii) $40,000.
``(B) Determination of adjusted gross income.--For
purposes of subparagraph (A), adjusted gross income
shall be determined without regard to sections 911,
931, and 933.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is taken under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that
reimbursement or other funds in compensation for such
expense are received under any Federal, State, or local
program.
``(C) Insurance reimbursement.--No credit shall be
allowed under subsection (a) for any expense to the
extent that payment for such expense is made, or
reimbursement for such expense is received, under any
insurance policy.
``(4) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for 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
subpart (other than this section) and section 27 for
the taxable year.
``(c) Carryforwards of Unused Credit.--
``(1) Rule for years in which all personal credits allowed
against regular and alternative minimum tax.--In the case of a
taxable year to which section 26(a)(2) applies, if the credit
allowable under subsection (a) exceeds the limitation imposed
by section 26(a)(2) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this
section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(2) Rule for other years.--In the case of a taxable year
to which section 26(a)(2) does not apply, if the credit
allowable under subsection (a) exceeds the limitation imposed
by subsection (b)(4) for such taxable year, such excess shall
be carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such succeeding
taxable year.
``(3) Limitation.--No credit may be carried forward under
this subsection to any taxable year after the 5th taxable year
after the taxable year in which the credit arose. For purposes
of the preceding sentence, credits shall be treated as used on
a first-in first-out basis.
``(d) Qualified Infertility Treatment Expenses.--For purposes of
this section--
``(1) In general.--The term `qualified infertility
treatment expenses' means amounts paid or incurred for the
treatment of infertility via in vitro fertilization if such
treatment is--
``(A) provided by a licensed physician, licensed
surgeon, or other licensed medical practitioner, and
``(B) administered with respect to a diagnosis of
infertility by a physician licensed in the United
States.
``(2) Treatments in advance of infertility arising from
medical treatments.--In the case of expenses incurred in
advance of a diagnosis of infertility for fertility
preservation procedures which are conducted prior to medical
procedures that, as determined by a physician licensed in the
United States, may cause involuntary infertility or
sterilization, such expenses shall be treated as qualified
infertility treatment expenses--
``(A) notwithstanding paragraph (1)(B), and
``(B) without regard to whether a diagnosis of
infertility subsequently results.
Expenses for fertility preservation procedures in advance of a
procedure designed to result in infertility or sterilization
shall not be treated as qualified infertility treatment
expenses.
``(3) Infertility.--The term `infertility' means the
inability to conceive or to carry a pregnancy to live birth,
including iatrogenic infertility resulting from medical
treatments such as chemotherapy, radiation or surgery. Such
term does not include infertility or sterilization resulting
from a procedure designed for such purpose.
``(e) Eligible Individual.--For purposes of this section, the term
`eligible individual' means an individual--
``(1) who has been diagnosed with infertility by a
physician licensed in the United States, or
``(2) with respect to whom a physician licensed in the
United States has made the determination described in
subsection (d)(2).
``(f) Filing Requirements.--Married taxpayers must file joint
returns. Rules similar to the rules of paragraphs (2), (3), and (4) of
section 21(e) shall apply for purposes of this section.
``(g) Adjustments for Inflation.--
``(1) Dollar limitations.--In the case of a taxable year
beginning after December 31, 2012, the dollar amount in
subsection (b)(1) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.
``(2) Income limitation.--In the case of a taxable year
beginning after December 31, 2002, the dollar amount in
subsection (b)(2)(A)(i) shall be increased by an amount equal
to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2001' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.''.
(b) Conforming Amendments.--
(1) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting before the item relating to section 24
the following new item:
``Sec. 23A. Credit for certain infertility treatments.''.
(2) Section 36C(b)(4) of such Code is amended by striking
``section 25D'' and inserting ``sections 23A and 25D''.
(3) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``23A,'' before ``24,''.
(4) Section 25D(c)(1)(B) of such Code is amended by
striking ``section 27'' and inserting ``sections 23A and 27''.
(5) Section 1400C(d)(1) of such Code is amended by striking
``section 25D'' and inserting ``sections 23A and 25D''.
(6) Section 1400C(d)(2) of such Code is amended by
inserting ``23A,'' after ``23,''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Family Act of 2011 - Amends the Internal Revenue Code to allow an income-based tax credit for 50% of qualified infertility treatment expenses. Allows $13,360 of such expenses to be taken into account for purposes of such credit for all taxable years. Defines "qualified infertility treatment expenses" as amounts paid for the treatment of infertility via in vitro fertilization if such treatment is provided by a licensed physician, surgeon, or other medical practitioner and is administered with respect to a diagnosis of infertility by a physician licensed in the United States. |
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 ``Community Development Bank Act''.
SEC. 2. STATEMENT OF PURPOSES.
The purposes of this Act are as follows:
(1) To increase the amount of credit available for the
economic revitalization of distressed urban and rural
communities.
(2) To enable economically disadvantaged persons and small,
minority-owned, and women-owned businesses to have improved
access to the resources of our financial system, and to use
such resources as a foundation for economic growth, increased
employment and community development.
(3) To increase the supply of mortgage credit and other
financing necessary for the private sector to rehabilitate the
housing stock in inner cities and rural areas for low- and
moderate-income families.
(4) To provide capital for housing construction and
development, small businesses, and community development
projects.
(5) To provide technical and managerial assistance to small
businesses and other entrepreneurs located in economically
distressed areas.
(6) To encourage the establishment of privately capitalized
community development banks to serve the credit needs of
financially underserved residents of urban and rural areas of
our country.
TITLE I--COMMUNITY DEVELOPMENT BANKS
SEC. 101. ESTABLISHMENT OF A COMMUNITY DEVELOPMENT BANKERS' BANK.
(a) In General.--The Comptroller of the Currency is hereby
authorized to issue a certificate of authority to commence the business
of banking to a national banking association that is owned exclusively
(except to the extent directors' qualifying shares are required by law)
by one or more insured depository institutions and will be engaged
primarily in community development activities.
(b) Required Name.--A national banking association chartered
pursuant to subsection (a) shall be known as a ``community development
bank'', and shall use the term ``community development bank'' and the
name of the community in which it is located and will serve, in its
title.
(c) Regulation.--A community development bank chartered pursuant to
subsection (a) shall be subject to such rules and orders as the
Comptroller deems appropriate, and, except as otherwise specifically
provided in this title or in such rules and orders, shall be vested
with and subject to the same rights, duties and limitations that apply
to other national banking associations, including the right to accept
deposits.
(d) Board of Directors.--At least 25 percent of members of the
community development bank's board of directors shall be individuals
residing in and representing the interests of the community that the
bank will serve.
SEC. 102. AUTHORITY TO INVEST IN A COMMUNITY DEVELOPMENT BANK.
An insured depository institution may invest in the shares of one
or more community development banks. Such investment may not exceed, in
the aggregate, an amount in excess of 5 percent of the depository
institution's tier one or core capital or, in the case of a particular
institution, such lesser amount as the appropriate Federal banking
agency determines to be necessary in order to protect the safety and
soundness of the institution.
SEC. 103. EXPEDITED PROCEDURES.
Within six months after the date of enactment of this Act, the
Comptroller of the Currency shall develop and publish in the Federal
Register expedited procedures for the consideration of applications for
a certificate to commence the business of banking for a community
development bank. The Federal Deposit Insurance Corporation shall
develop expedited procedures for consideration of an application by a
community development bank for deposit insurance. Final decisions shall
be made by the Comptroller and the Federal Deposit Insurance
Corporation within nine months after the receipt of completed
applications.
SEC. 104. COMMUNITY DEVELOPMENT BANK ACTIVITIES.
(a) Primary Purpose.--A community development bank may only make
loans and other investments designed to provide a reasonable economic
return to the bank and its shareholders, consistent with its primary
purpose of providing credit, capital, and related services to targeted
persons and targeted geographic areas within its community.
(b) Loan and Investment Activities.--In order to accomplish the
purposes of this Act, a community development bank may engage in
activities consistent with this Act, including the making or providing
of the following:
(1) Residential mortgage loans.
(2) Residential construction loans.
(3) Small business commercial loans.
(4) Home improvement and rehabilitation loans.
(5) Neighborhood commercial revitalization loans.
(6) Small farm loans.
(7) Industrial development loans.
(8) Equity investments in low- and moderate-in-come real
estate development and rehabilitation projects.
(9) Equity investments in community development
corporations and projects.
(10) Equity investments in small business development
corporations.
(11) Marketing and management assistance.
(12) Business planning and counseling services.
(13) Financial and technical services.
(14) Vocational training.
(15) Deposit funds in credit unions serving predominately
low-income members as defined by the National Credit Union
Administration Board.
(c) Coordination.--A community development bank shall coordinate
its activities with activities and programs of the Department of
Housing and Urban Development, the Department of Veterans Affairs, the
Department of Commerce, the Small Business Administration, and other
agencies with respect to the development and financing of community
development organizations and projects and small businesses.
(d) Competition With Existing Institutions.--A community
development bank shall target its activities to customers do adequately
served by existing depository institutions.
SEC. 105. OTHER COMMUNITY DEVELOPMENT BANKS.
Any insured depository institution may apply to the appropriate
Federal banking agency to be certified as a ``community development
bank''. The agency shall issue such certification if it finds that such
bank is primarily engaged in community development activities, and
otherwise complies with the provisions of this Act, other than
subsections (a), (b) and (c) of section 101, and that such
certification will further the purposes of this title.
SEC. 106. COMMUNITY REINVESTMENT ACT EVALUATION.
(a) Examination.--The appropriate Federal banking agency shall
conduct an annual onsite examination and evaluation of every community
development bank in order to determine compliance with this Act and to
assess the bank's record of meeting the credit needs of its community,
as described in section 804 of the Community Reinvestment Act of 1977.
(b) Hearing Required.--Prior to issuing a final Community
Reinvestment Act evaluation and rating, the appropriate Federal banking
agency shall--
(1) publish in two or more newspapers of general
circulation a statement that an informal hearing on the bank's
success in meeting the credit needs of its community is to be
held; and
(2) directly notify known representatives of consumer and
community groups located within the bank's community that an
informal hearing is to be held.
(c) Notice.--The publication and notice required under subsection
(b) shall state the date and place for the hearing, which must be at
least thirty days following the date of the publication or mailing of
the notice, and shall invite interested persons and organizations to
provide oral and written testimony concerning the performance of the
community development bank.
(d) Consideration of Testimony.--The appropriate Federal banking
agency shall consider and take into account the testimony and
statements provided by community representatives in evaluating the
performance of a community development bank under this section.
(e) Final Evaluation.--Following the hearing, the appropriate
Federal banking agency shall provide a final Community Reinvestment Act
of 1977 evaluation and rating, including a written explanation for any
findings and conclusions.
(f) Re-evaluation.--A community development bank that receives a
final rating that is less than a satisfactory rating shall be
reevaluated within ninety days by the appropriate Federal banking
agency in order to determine whether it has made the necessary changes
in policies or practices to warrant a satisfactory rating.
SEC. 107. COMMUNITY REINVESTMENT ACT COMPLIANCE.
(a) Effect of Rating.--For purposes of the Community Reinvestment
Act of 1977, the evaluation and rating of a community development bank
shall be deemed to be the evaluation and rating of each insured
depository institution that has made a qualifying investment in such
community development bank. Any insured depository institution
receiving a satisfactory or outstanding rating pursuant to this section
shall be deemed to have met the credit needs of its community.
(b) Coordination With Other Law.--An insured depository institution
that maintains a qualifying investment in a community development bank
shall not be subject to an evaluation conducted pursuant to section 804
of the Community Reinvestment Act of 1977.
(c) Effect of Non-qualifying Investment.--An insured depository
institution that makes an investment that is not a qualifying
investment shall have that investment considered by the appropriate
Federal banking agency when that institution is evaluated under
sections 804 and 807 of the Community Reinvestment Act of 1977.
SEC. 108. BANK HOLDING COMPANY ACT.
No person shall be considered a bank holding company, or subject to
the Bank Holding Company Act of 1956, due to an investment in a
community development bank authorized under this title.
SEC. 109. DEFINITIONS.
For purposes of this title--
(1) the term ``community development bank'' means--
(A) a bank established pursuant to section 101, or
(B) certified as a community development bank
pursuant to section 105,
that is primarily engaged in the business of providing credit
and investment capital and related services to targeted
populations and targeted geographic areas;
(2) the term ``targeted population'' means minority-owned
and women-owned businesses, non-profit organizations, community
groups, and economically disadvantaged persons;
(3) the term ``targeted geographic area'' means a
neighborhood or other geographic area that is suffering
economic distress, as measured by unemployment, poverty,
condition of housing stock, availability of credit, or other
indicator of relative economic condition;
(4) the term a community development bank's ``community''
means one or more contiguous geographic areas that represent
the combined market or service areas of the financial
institutions that have made qualifying investments in such
bank;
(5) the term ``insured depository institution'' shall have
the meaning given such term in section 3 of the Federal Deposit
Insurance Act;
(6) the term ``appropriate Federal banking agency'' shall
have the meaning given such term in section 3 of the Federal
Deposit Insurance Act; and
(7) the term ``qualifying investment'' means an investment
in the equity shares of a community development bank in an
amount that is equal to the maximum permissible amount for that
investing institution, as prescribed in section 102.
SEC. 110. SAFETY AND SOUNDNESS.
Nothing in this title shall be deemed to interfere with the
authority of the appropriate Federal banking agency or the Federal
Deposit Insurance Corporation to limit the permissible activities or
investments of an insured depository institution or depository
institution holding company, by order or regulation, in order to
protect the safety or soundness of such institution or holding company.
SEC. 111. DISCRIMINATION AND FAIR HOUSING.
(a) In General.--Nothing in this title shall be deemed to interfere
with the authority of the appropriate Federal banking agencies to
examine institutions for compliance with or to enforce the Equal Credit
Opportunity Act, the Fair Housing Act, or the Home Mortgage Disclosure
Act.
(b) Applicability of Section 107.--Section 107 shall not apply to
any institution found, in a civil or criminal judicial proceeding or
final agency adjudication, to have violated any law described in
subsection (a).
TITLE II--CONFORMING AMENDMENTS
SEC. 201. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR CREDIT UNIONS.
(a) Repeal.--Section 120(k) of the Federal Credit Union Act (12
U.S.C. 1766(k)) is repealed.
(b) Amendment.--The Federal Credit Union Act is amended by
inserting after section 129 (12 U.S.C. 1772c) the following new
section:
``SEC. 130. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR CREDIT
UNIONS.
``(a) In General.--The Board may exercise the authority granted it
by the Community Development Credit Union Revolving Loan Fund Transfer
Act (Public Law 99-609) including any additional appropriation made or
earnings accrued, subject only to this section and to regulations
prescribed by the Board.
``(b) Investment.--The Board may invest any idle Fund moneys in
United States Treasury securities. Any interest accrued on such
securities shall become a part of the Fund.
``(c) Loans.--The Board may require that any loans made from the
Fund be matched by increased shares in the borrower credit union.
``(d) Interest.--Interest earned by the Fund may be allocated by
the Board for technical assistance to community development credit
unions.
``(e) Definition.--As used in this section, the term `Fund' means
the Community Development Credit Union Revolving Loan Fund.''.
SEC. 202. STUDY OF COMMUNITY DEVELOPMENT CREDIT UNION.
(a) In General.--The National Credit Union Administration Board in
consultation with representatives of the credit union industry shall
conduct a study of community development credit activities by credit
unions. In conducting the study, the Board shall consider--
(1) the role of these institutions in providing credit and
related financial services to inner city and rural areas,
(2) the failure rate of these institutions in the past,
(3) the desirability of establishing a special examination
force for community development credit unions, and mentor
programs,
(4) the desirability of establishing a clearinghouse for
the recirculation of startup equipment and furniture for
community development credit unions, and
(5) appropriate startup and permanent financing programs
for such credit unions.
(b) Report.--Not later than October 1, 1993, the Board shall issue
a report to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Banking, Finance and Urban Affairs of the
House of Representatives on the study and the regulatory and
legislative changes that may be necessary to ensure that community
development activity by credit unions become and remain viable and
productive. | TABLE OF CONTENTS:
Title I: Community Development Banks
Title II: Conforming Amendments
Community Development Bank Act -
Title I: Community Development Banks
- Authorizes the Comptroller of the Currency to charter certain national banking associations (community development banks) that will: (1) engage primarily in community development activities; (2) be capitalized by insured depository institutions as its shareholders; and (3) provide credit, capital, and related services to revitalize distressed urban and rural communities.
Restricts such a bank's loans and investments to provide a reasonable economic return to the bank and its shareholders consistent with its primary community development purpose. Mandates: (1) such bank's coordination with certain Federal agencies regarding its community development activities; and (2) an annual onsite examination to evaluate its compliance with this Act and its record of meeting community credit needs.
Title II: Conforming Amendments
- Amends the Federal Credit Union Act to: (1) authorize the National Credit Union Administration Board (the Board) to provide technical assistance to community development credit unions by using the interest earned from authorized investments in Treasury securities; and (2) direct the Board to study and report to certain congressional committees on regulatory and legislative changes that may be necessary to ensure the viability and productivity of community development activities by credit unions. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Over-the-Road Bus Security and
Safety Act of 2003''.
SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Federal Motor Carrier Safety Administration,
shall establish a program for making grants to private operators of
over-the-road buses for system-wide security improvements to their
operations, including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing an emergency communications system linked
to law enforcement and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Reimbursement.--A grant under this Act may be used to provide
reimbursement to private operators of over-the-road buses for
extraordinary security-related costs for improvements described in
paragraphs (1) through (9) of subsection (a), determined by the
Secretary to have been incurred by such operators since September 11,
2001.
(c) Federal Share.--The Federal share of the cost for which any
grant is made under this Act shall be 90 percent.
(d) Due Consideration.--In making grants under this Act, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001.
(e) Grant Requirements.--A grant under this Act shall be subject to
all the terms and conditions that a grant is subject to under section
3038(f) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note; 112 Stat. 393).
SEC. 3. PLAN REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act
to a private operator of over-the-road buses until the operator has
first submitted to the Secretary--
(1) a plan for making security improvements described in
section 2 and the Secretary has approved the plan; and
(2) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under the
grant.
(b) Coordination.--To the extent that an application for a grant
under this section proposes security improvements within a specific
terminal owned and operated by an entity other than the applicant, the
applicant shall demonstrate to the satisfaction of the Secretary that
the applicant has coordinated the security improvements for the
terminal with that entity.
SEC. 4. OVER-THE-ROAD BUS DEFINED.
In this Act, the term ``over-the-road bus'' means a bus
characterized by an elevated passenger deck located over a baggage
compartment.
SEC. 5. BUS SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a preliminary report in accordance with the
requirements of this section.
(b) Contents of Preliminary Report.--The preliminary report shall
include--
(1) an assessment of the over-the-road bus security grant
program;
(2) an assessment of actions already taken to address
identified security issues by both public and private entities
and recommendations on whether additional safety and security
enforcement actions are needed;
(3) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(4) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-the-
road bus transportation industry and its employees;
(5) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(6) an assessment of industry best practices to enhance
security.
(c) Consultation With Industry, Labor, and Other Groups.--In
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law
enforcement officials, and the National Academy of Sciences.
SEC. 6. FUNDING.
There is authorized to be appropriated to the Secretary of
Transportation to carry out this Act $99,000,000 for fiscal years 2003
and 2004. Such sums shall remain available until expended. | (This measure has not been amended since it was introduced in the House on February 25, 2003. The summary has been expanded because action occurred on the measure.)Over-the-Road Bus Security and Safety Act of 2003 - (Sec. 2) Directs the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, to establish a program to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.(Sec. 3) Sets forth certain grant requirements, including requiring: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that such applicant has coordinated such improvements for the terminal with the entity.(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes an assessment of: (1) the over-the-road bus security grant program; (2) actions already taken to address identified security issues by both public and private entities, together with any recommendations for additional safety and security enforcement actions; (3) the economic impact that security upgrades of buses and bus facilities may have on the over-the-road bus transportation industry and its employees; (4) ongoing research, including engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalizing the driver; (5) industry best practices to enhance security; and (6) any need for additional legislation.(Sec. 6) Authorizes appropriations for FY 2003 and 2004. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Transparency Act of 2014''.
SEC. 2. REQUIREMENTS FOR PRINTED MATERIALS AND ADVERTISEMENTS BY
FEDERAL AGENCIES.
(a) Requirement To Identify Funding Source for Communication Funded
by Federal Agency.--Each communication funded by a Federal agency that
is an advertisement, or that provides information about any Federal
Government program, benefit, or service, shall clearly state--
(1) in the case of a printed communication, including mass
mailings, signs, and billboards, that the communication is
printed or published at taxpayer expense; and
(2) in the case of a communication transmitted through
radio, television, the Internet, or any means other than the
means referred to in paragraph (1), that the communication is
produced or disseminated at taxpayer expense.
(b) Additional Requirements.--
(1) Printed communication.--Any printed communication
described in subsection (a)(1) shall--
(A) be of sufficient type size to be clearly
readable by the recipient of the communication;
(B) to the extent feasible, be contained in a
printed box set apart from the other contents of the
communication; and
(C) to the extent feasible, be printed with a
reasonable degree of color contrast between the
background and the printed statement.
(2) Radio, television, and internet communication.--
(A) Audio communication.--Any audio communication
described in subsection (a)(2) shall include an audio
statement that communicates the information required
under that subsection in a clearly spoken manner.
(B) Video communication.--Any video communication
described in subsection (a)(2) shall include a
statement with the information referred to under that
subsection--
(i) that is conveyed in a clearly spoken
manner;
(ii) that is conveyed by a voice-over or
screen view of the person making the statement;
and
(iii) to the extent feasible, that also
appears in writing at the end of the
communication in a clearly readable manner with
a reasonable degree of color contrast between
the background and the printed statement, for a
period of at least 4 seconds.
(C) E-mail communication.--Any e-mail communication
described in subsection (a)(2) shall include the
information required under that subsection, displayed
in a manner that--
(i) is of sufficient type size to be
clearly readable by the recipient of the
communication;
(ii) is set apart from the other contents
of the communication; and
(iii) includes a reasonable degree of color
contrast between the background and the printed
statement.
(c) Identification of Other Funding Source for Certain
Communications.--In the case of a communication funded entirely by user
fees, by any other source that does not include Federal funds, or by a
combination of such fees or other source, a Federal agency may apply
the requirements of subsections (a) and (b) by substituting ``by the
United States Government'' for ``at taxpayer expense''.
(d) Definitions.--In this Act:
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``Executive agency'' in section 133 of
title 41, United States Code.
(2) Mass mailing.--The term ``mass mailing'' means any
mailing or distribution of 499 or more newsletters, pamphlets,
or other printed matter with substantially identical content,
whether such matter is deposited singly or in bulk, or at the
same time or different times, except that such term does not
include any mailing--
(A) in direct response to a communication from a
person to whom the matter is mailed; or
(B) of a news release to the communications media.
(e) Source of Funds.--The funds used by a Federal agency to carry
out this Act shall be derived from amounts made available to the agency
for advertising, or for providing information about any Federal
Government program, benefit, or service.
(f) Effective Date.--This section shall apply only to
communications printed or otherwise produced after the date of the
enactment of this Act.
SEC. 3. GUIDANCE FOR IMPLEMENTATION.
Not later than 6 months after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall develop
and issue guidance on implementing the requirements of this Act.
SEC. 4. JUDICIAL REVIEW AND ENFORCEABILITY.
(a) Judicial Review.--There shall be no judicial review of
compliance or noncompliance with any provision of this Act.
(b) Enforceability.--No provision of this Act shall be construed to
create any right or benefit, substantive or procedural, enforceable by
any administrative or judicial action.
Passed the House of Representatives February 26, 2014.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on February 25, 2014. Taxpayer Transparency Act of 2014 - Requires each communication funded by a federal agency that is an advertisement, or that provides information about any federal program, benefit, or service to clearly state: (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed or published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, or the Internet, that the communication is produced or disseminated at taxpayer expense. Requires such notification to state that a communication is provided by the U.S. government, rather than at taxpayer expense, if the communication is funded entirely by user fees or by other sources that do not include federal funds. Requires any such printed communication: (1) to be of sufficient size to be clearly readable; and (2) to the extent feasible, to be contained in a printed box set apart from the other contents of the communication and to be printed with a reasonable degree of color contrast between the background and the printed statement. Sets forth similar requirements for audio, video, and email communications. Requires the Director of the Office of Management and Budget (OMB) to develop and issue guidance on implementing the requirements of this Act. Prohibits judicial review of the compliance or noncompliance with any provision of this Act. |
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 ``George C. Marshall Commemorative
Coin Act of 1993''.
SEC. 2. GEORGE C. MARSHALL COMMEMORATIVE COINS.
(a) One-Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue
not more than 500,000 $1 coins in commemoration of the end of
World War II and General George C. Marshall's participation in
service during World War II.
(2) Specifications and design of coins.--The coins issued
under this Act shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Design.--The design of the coins issued under this Act
shall have the likeness of George C. Marshall on obverse side
of such coin. On each coin there shall be a designation of the
value of the coin, an inscription of the year ``1995'', and
inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(b) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5132(a)(1) of title
31, United States Code, the coins minted under this Act shall be
considered to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
The design for the coins authorized by this Act shall be--
(1) selected by the Secretary after consultation with the
Friends of George C. Marshall and the Commission of Fine Arts;
and
(2) reviewed by the Citizens Commemorative Advisory
Committee.
SEC. 5. MINTING AND ISSUANCE OF COINS.
(a) Uncirculated and Proof Qualities.--The Secretary may mint and
issue the coins authorized under this Act in uncirculated and proof
qualities.
(b) Use of the United States Mint.--The Secretary may not use more
than 1 facility of the United States Mint to strike each quality of the
coins minted under this Act.
(c) Commencement of Authority To Sell Coins.--The Secretary may
begin selling the coins minted under this Act on January 1, 1995.
(d) Termination of Authority To Mint Coins.--The Secretary may not
mint the coins authorized under this Act after December 31, 1995.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins authorized under this Act shall be sold
by the Secretary at a price equal to the sum of the face value of the
coins, the surcharge provided in subsection (c) with respect to such
coins, and the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses, marketing,
and shipping).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins issued under this Act at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins authorized under this Act before the issuance of such coins.
Sale prices with respect to such repaid orders shall be at a reasonable
discount.
(d) Surcharges.--All sales shall include a surcharge of $7 per
coin.
SEC. 7. DISTRIBUTION OF SURCHARGES.
All surcharges received by the Secretary from the sale of coins
issued under this Act shall be promptly paid by the Secretary to the
Friends of George C. Marshall to be used solely for the construction of
the George C. Marshall Memorial and Visitor Center in Uniontown,
Pennsylvania.
SEC. 8. AUDITS.
The Comptroller General of the United States shall conduct an
annual audit of such books, records, documents, and other data of the
Friends of George C. Marshall, as may be related to the expenditures of
amounts paid under section 7 until all amounts have been received by
the Friends of George C. Marshall and the expenditures of such amounts
have been audited.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins authorized under this Act shall result in no net costs to the
Federal Government.
(b) Payments for the Coins.--The Secretary may not sell a coin
minted under this Act unless the Secretary has received--
(1) full payment for such coin;
(2) security satisfactory to the Secretary to indemnify the
Federal Government for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity. | George C. Marshall Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins in commemoration of the end of World War II and General George C. Marshall's participation in service during such War; and (2) pay surcharges received from coin sales to the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. |
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 ``Veteran Overmedication Prevention
Act of 2016''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INDEPENDENT REVIEW OF CERTAIN
DEATHS OF VETERANS BY SUICIDE.
(a) Review Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies shall conduct a review of the deaths of
all covered veterans who died by suicide during the five-year
period ending on the date of the enactment of this Act.
(2) Alternate organization.--
(A) In general.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with
the National Academies of Sciences, Engineering, and
Medicine on terms acceptable to the Secretary, the
Secretary shall seek to enter into such an agreement
with another appropriate organization that--
(i) is not part of the Federal Government;
(ii) operates as a not-for-profit entity;
and
(iii) has expertise and objectivity
comparable to that of the National Academies of
Sciences, Engineering, and Medicine.
(B) Treatment.--If the Secretary enters into an
agreement with another organization as described in
paragraph (1), any reference in this section to the
National Academies of Sciences, Engineering, and
Medicine shall be treated as a reference to the other
organization.
(3) Elements.--The review required by paragraph (1) shall
include the following:
(A) The total number of covered veterans who died
by suicide during the five-year period ending on the
date of the enactment of this Act.
(B) The total number of covered veterans who died
by a violent death during such five-year period.
(C) The total number of covered veterans who died
by an accidental death during such five-year period.
(D) A description of each covered veteran described
in subparagraphs (A) through (C), including age,
gender, race, and ethnicity.
(E) A comprehensive list of prescribed medications
and legal or illegal substances as annotated on
toxicology reports of covered veterans described in
subparagraphs (A) through (C), specifically listing any
medications that carried a black box warning, were
prescribed for off-label use, were psychotropic, or
carried warnings that included suicidal ideation.
(F) A summary of medical diagnoses by physicians of
the Department of Veterans Affairs or physicians
providing services to covered veterans through programs
of the Department that led to the prescribing of
medications referred to in subparagraph (E) in cases of
post-traumatic stress disorder, traumatic brain injury,
military sexual trauma, and other anxiety and
depressive disorders.
(G) The number of instances in which a covered
veteran described in subparagraph (A), (B), or (C) was
concurrently on multiple medications prescribed by
physicians of the Department or physicians providing
services to veterans through programs of the Department
to treat post-traumatic stress disorder, traumatic
brain injury, military sexual trauma, other anxiety and
depressive disorders, or instances of comorbidity.
(H) The number of covered veterans described in
subparagraphs (A) through (C) who were not taking any
medication prescribed by a physician of the Department
or a physician providing services to veterans through a
program of the Department.
(I) With respect to the treatment of post-traumatic
stress disorder, traumatic brain injury, military
sexual trauma, or other anxiety and depressive
disorders, the percentage of covered veterans described
in subparagraphs (A) through (C) who received a non-
medication first-line treatment compared to the
percentage of such veterans who received medication
only.
(J) With respect to the treatment of covered
veterans described in subparagraphs (A) through (C) for
post-traumatic stress disorder, traumatic brain injury,
military sexual trauma, or other anxiety and depressive
disorders, the number of instances in which a non-
medication first-line treatment (such as cognitive
behavioral therapy) was attempted and determined to be
ineffective for such a veteran, which subsequently led
to the prescribing of a medication referred to in
subparagraph (E).
(K) A description and example of how the Department
determines and continually updates the clinical
practice guidelines governing the prescribing of
medications.
(L) A description of the efforts of the Department
to maintain appropriate staffing levels for mental
health professionals, such as mental health counselors,
marriage and family therapists, and other appropriate
counselors, including--
(i) a description of any impediments to
carry out the education, training, and hiring
of mental health counselors and marriage and
family therapists under section 7302(a) of
title 38, United States Code;
(ii) with respect to mental health
counselors, marriage and family therapists, and
other appropriate counselors, an identification
of resolutions for--
(I) any standardized credentialing
discrepancies; and
(II) any impediments to the
development of an internship training
program;
(iii) an assessment of the development by
the Department of hiring guidelines for mental
health counselors, marriage and family
therapists, and other appropriate counselors;
and
(iv) a description of how the Department--
(I) identifies gaps in the supply
of mental health professionals; and
(II) determines successful staffing
ratios for mental health professionals
of the Department.
(M) The percentage of covered veterans described in
subparagraphs (A) through (C) with combat experience or
trauma related to combat experience (including military
sexual trauma, traumatic brain injury, and post-
traumatic stress).
(N) An identification of the medical facilities of
the Department with markedly high prescription rates
and suicide rates for veterans receiving treatment at
those facilities.
(O) An analysis, by State, of programs of the
Department that collaborate with State Medicaid
agencies and the Centers for Medicare and Medicaid
Services, including the following:
(i) An analysis of the sharing of
prescription and behavioral health data for
veterans.
(ii) An analysis of whether Department
staff check with State prescription drug
monitoring programs before prescribing
medications to veterans.
(iii) A description of the procedures of
the Department for coordinating with
prescribers outside of the Department to ensure
that veterans are not overprescribed.
(iv) A description of actions that the
Department takes when a veteran is determined
to be overprescribed.
(P) An analysis of the collaboration of medical
centers of the Department with medical examiners'
offices or local jurisdictions to determine veteran
mortality and cause of death.
(Q) An identification and determination of a best
practice model to collect and share veteran death
certificate data between the Department of Veterans
Affairs, the Department of Defense, States, and tribal
entities.
(R) An assessment of any patterns apparent to the
National Academies of Sciences, Engineering, and
Medicine based on the review conducted under paragraph
(1).
(S) Such recommendations for further action that
would improve the safety and well-being of veterans as
the National Academies of Sciences, Engineering, and
Medicine determine appropriate.
(4) Compilation of data.--
(A) Form of compilation.--The Secretary of Veterans
Affairs shall ensure that data compiled under paragraph
(3) is compiled in a manner that allows it to be
analyzed across all data fields for purposes of
informing and updating clinical practice guidelines of
the Department of Veterans Affairs.
(B) Compilation of data regarding covered
veterans.--In compiling data under paragraph (3)
regarding covered veterans described in subparagraphs
(A) through (C) of such paragraph, data regarding
veterans described in each such subparagraph shall be
compiled separately.
(5) Completion of review and report.--The agreement entered
into under paragraph (1) shall require that the National
Academies of Sciences, Engineering, and Medicine complete the
review under such paragraph and submit to the Secretary of
Veterans Affairs a report containing the results of the review
not later than 180 days after entering into the agreement.
(b) Report.--Not later than 30 days after the completion by the
National Academies of Sciences, Engineering, and Medicine of the review
required under subsection (a), the Secretary of Veterans Affairs
shall--
(1) submit to Congress a report on the results of the
review; and
(2) make such report publicly available.
(c) Definitions.--In this section:
(1) The term ``black box warning'' means a warning
displayed on the label of a prescription drug that is designed
to call attention to the serious or life-threatening risk of
the prescription drug.
(2) The term ``covered veteran'' means a veteran who
received hospital care or medical services furnished by the
Department of Veterans Affairs during the five-year period
preceding the death of the veteran.
(3) The term ``first-line treatment'' means a potential
intervention that has been evaluated and assigned a high score
within clinical practice guidelines.
(4) The term ``State'' means each of the several States,
territories, and possessions of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico. | Veteran Overmedication Prevention Act of 2016 This bill requires the Department of Veterans Affairs (VA) to contract with the National Academies of Sciences, Engineering, and Medicine (or another private, not-for-profit entity with comparable expertise) to review the deaths of all covered veterans who died by suicide during the last five years. The review shall include: the total numbers of veterans who died by a violent death or by an accidental death during such period; each veteran's age, gender, race, and ethnicity; a list of medications and substances prescribed to such veterans, as annotated on toxicology reports; a summary of medical diagnoses by VA physicians that led to such prescriptions in cases of anxiety and depressive disorders; the number of instances in which such a veteran was concurrently on multiple medications prescribed by VA physicians; the number of such veterans who were not taking any VA-prescribed medication; the percentage of such veterans treated for anxiety or depressive disorders who received a non-medication first-line treatment compared to the percentage who received medication only; the number of instances in which a non-medication first-line treatment was attempted and deemed ineffective which led to prescribing medication; descriptions of how the VA determines and updates clinical practice guidelines for prescribing medications and of VA efforts to maintain appropriate staffing levels for mental health professionals; the percentage of such veterans with combat experience or related trauma; identification of VA medical facilities with markedly high prescription rates and suicide rates for treated veterans; an analysis of VA programs that collaborate with state Medicaid agencies and the Centers for Medicare and Medicaid Services; an analysis of VA medical center collaboration with medical examiners' offices or local jurisdictions to determine veteran mortality and cause of death; identification of a best practice model to collect and share veteran death certificate data; an assessment of any apparent patterns based on the review; and recommendations to improve the safety and well-being of veterans. The VA shall ensure that such data is compiled in a manner that allows it to be analyzed across all data fields for purposes of informing and updating VA clinical practice guidelines. A "covered veteran" means any veteran who received VA hospital care or medical services during the five-year period preceding the veteran's death. |
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 ``Precision Agriculture Connectivity
Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate
overlap in operations, and reduce inputs such as seed,
fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in
real time about their fields, automate field management, and
maximize resources.
(3) Studies estimate that precision agriculture
technologies can reduce agricultural operation costs by up to
25 dollars per acre and increase farm yields by up to 70
percent by 2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the
availability of reliable broadband Internet access service
delivered to the agricultural land of the United States.
(5) The deployment of broadband Internet access service to
unserved agricultural land is critical to the United States
economy and to the continued leadership of the United States in
global food production.
(6) Despite the growing demand for broadband Internet
access service on agricultural land, broadband Internet access
service is not consistently available where needed for
agricultural operations.
(7) The Federal Communications Commission has an important
role to play in the deployment of broadband Internet access
service on unserved agricultural land to promote precision
agriculture.
SEC. 3. TASK FORCE.
(a) Definitions.--In this section--
(1) the term ``broadband Internet access service'' has the
meaning given the term in section 8.2 of title 47, Code of
Federal Regulations, or any successor regulation;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Department'' means the Department of
Agriculture;
(4) the term ``Secretary'' means the Secretary of
Agriculture; and
(5) the term ``Task Force'' means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States established under subsection
(b).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish the Task Force
for Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States.
(c) Duties.--
(1) In general.--The Task Force shall consult with the
Secretary, or a designee of the Secretary, and collaborate with
public and private stakeholders in the agriculture and
technology fields to--
(A) identify and measure current gaps in the
availability of broadband Internet access service on
agricultural land;
(B) develop policy recommendations to promote the
rapid, expanded deployment of broadband Internet access
service on unserved agricultural land, with a goal of
achieving reliable capabilities on 95 percent of
agricultural land in the United States by 2025;
(C) promote effective policy and regulatory
solutions that encourage the adoption of broadband
Internet access service on farms and ranches and
promote precision agriculture;
(D) recommend specific new rules or amendments to
existing rules of the Commission that the Commission
should issue to achieve the goals and purposes of the
policy recommendations described in subparagraph (B);
(E) recommend specific steps that the Commission
should take to obtain reliable and standardized data
measurements of the availability of broadband Internet
access service as may be necessary to target funding
support, from future programs of the Commission
dedicated to the deployment of broadband Internet
access service, to unserved agricultural land in need
of broadband Internet access service; and
(F) recommend specific steps that the Commission
should consider to ensure that the expertise of the
Secretary and available farm data are reflected in
future programs of the Commission dedicated to the
infrastructure deployment of broadband Internet access
service and to direct available funding to unserved
agricultural land where needed.
(2) No duplicate data reporting.--In performing the duties
of the Commission under paragraph (1), the Commission shall
ensure that no provider of broadband Internet access service is
required to report data to the Commission that is, on the day
before the date of enactment of this Act, required to be
reported by the provider of broadband Internet access service.
(3) Hold harmless.--The Task Force and the Commission shall
not interpret the phrase ``future programs of the Commission'',
as used in subparagraphs (E) and (F) of paragraph (1), to
include the universal service programs of the Commission
established under section 254 of the Communications Act of 1934
(47 U.S.C. 254).
(4) Consultation.--The Secretary, or a designee of the
Secretary, shall explain and make available to the Task Force
the expertise, data mapping information, and resources of the
Department that the Department uses to identify cropland,
ranchland, and other areas with agricultural operations that
may be helpful in developing the recommendations required under
paragraph (1).
(5) List of available federal programs and resources.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Commission shall jointly submit to the
Task Force a list of all Federal programs or resources
available for the expansion of broadband Internet access
service on unserved agricultural land to assist the Task Force
in carrying out the duties of the Task Force.
(d) Membership.--
(1) In general.--The Task Force shall be--
(A) composed of not more than 15 voting members who
shall--
(i) be selected by the Chairman of the
Commission; and
(ii) include--
(I) agricultural producers
representing diverse geographic regions
and farm sizes, including owners and
operators of farms of less than 100
acres;
(II) an agricultural producer
representing tribal agriculture;
(III) Internet service providers,
including regional or rural fixed and
mobile broadband Internet access
service providers and
telecommunications infrastructure
providers;
(IV) representatives from the
electric cooperative industry;
(V) representatives from the
satellite industry;
(VI) representatives from precision
agriculture equipment manufacturers,
including drone manufacturers,
manufacturers of autonomous
agricultural machinery, and
manufacturers of farming robotics
technologies; and
(VII) representatives from State
and local governments; and
(B) fairly balanced in terms of technologies,
points of view, and fields represented on the Task
Force.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the Committee
appointed under paragraph (1)(A) shall serve for a
single term of 2 years.
(B) Vacancies.--Any vacancy in the Task Force--
(i) shall not affect the powers of the Task
Force; and
(ii) shall be filled in the same manner as
the original appointment.
(3) Ex-officio member.--The Secretary, or a designee of the
Secretary, shall serve as an ex-officio, nonvoting member of
the Task Force.
(e) Reports.--Not later than 1 year after the date on which the
Commission establishes the Task Force, and annually thereafter, the
Task Force shall submit to the Chairman of the Commission a report,
which shall be made public not later than 30 days after the date on
which the Chairman receives the report, that details--
(1) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(2) the projected future connectivity needs of agricultural
operations, farmers, and ranchers; and
(3) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of the
date of the report, measurement processes.
(f) Termination.--The Commission shall renew the Task Force every 2
years until the Task Force terminates on January 1, 2025.
Passed the Senate December 6, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 2343
_______________________________________________________________________
AN ACT
To require the Federal Communications Commission to establish a task
force for meeting the connectivity and technology needs of precision
agriculture in the United States. | Precision Agriculture Connectivity Act of 2018 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to establish the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. The task force must identify current gaps in the availability of broadband Internet access service on agricultural land and recommend policies to expand its deployment. The Department of Agriculture and the FCC shall jointly submit to the task force a list of all federal programs or resources available for the expansion of broadband Internet access service on unserved agricultural land. The FCC shall renew the task force every two years until it terminates on January 1, 2025. |
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 ``Health Savings Account Expansion Act
of 2016''.
SEC. 2. ADEQUATE FUNDS FOR HEALTH INSURANCE PLANS.
(a) In General.--Section 223(b)(1) of the Internal Revenue Code of
1986 is amended by striking ``the sum of the monthly'' and all that
follows through ``eligible individual'' and inserting ``$9,000 ($18,000
in the case of a joint return)''.
(b) Conforming Amendments.--
(1) Subsection (b) of such Code is amended by striking
paragraphs (2), (3), and (5) and by redesignating paragraphs
(4), (6), (7), and (8) as paragraphs (2), (3), (4), and (5),
respectively.
(2) Section 223(b)(2) of such Code (as redesignated by
paragraph (1)) is amended by striking the last sentence.
(3) Section 223(b)(4) of such Code (as redesignated by
paragraph (1)) is amended to read as follows:
``(4) Medicare eligible individuals.--The limitation under
this subsection for any taxable year with respect to an
individual shall--
``(A) in the case of the first taxable year in
which such individual is entitled to benefits under
title XVIII of the Social Security Act, be the amount
which bears the same proportion to the amount in effect
under paragraph (1) with respect to such individual
as--
``(i) the number of months in the taxable
year during which such individual was not so
entitled, bears to
``(ii) 12, and
``(B) be zero for any taxable year thereafter.''.
(4) Section 223(g)(1) of such Code is amended--
(A) in the matter preceding subparagraph (A) by
striking ``Each dollar amount in subsection (b)(2)''
and inserting ``In the case of taxable years beginning
after December 31, 2017, each dollar amount in
subsection (b)(1)'',
(B) by amending subparagraph (B) to read as
follows:
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
such taxable year begins determined by substituting
`calendar year 2016' for `calendar year 1992'.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 3. PARITY WITH EMPLOYER-PROVIDED HEALTH INSURANCE; DIRECT PRIMARY
CARE.
(a) In General.--Section 223(d)(2) of the Internal Revenue Code of
1986 is amended to read as follows:
``(2) Qualified medical expenses.--
``(A) In general.--The term `qualified medical
expenses' means, with respect to an account
beneficiary, amounts paid by such beneficiary for
medical care (as defined in section 213(d)) for such
individual, the spouse of such individual, and any
dependent (as defined in section 152, determined
without regard to subsections (b)(1), (b)(2), and
(d)(1)(B) thereof) of such individual, but only to the
extent such amounts are not compensated for by
insurance or otherwise.
``(B) Direct primary care.--
``(i) In general.--Such term includes
expenses for direct primary care service
arrangements.
``(ii) Direct primary care service
arrangements.--For purposes of clause (i), the
term `direct primary care service arrangements'
means an arrangement under which an individual
is provided coverage restricted to primary care
services in exchange for a fixed periodic fee
or payment for primary care services.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 4. FREEDOM FROM MANDATE.
(a) In General.--Section 223 of the Internal Revenue Code of 1986,
as amended by sections 2 and 3, is amended by striking subsection (c)
and redesignating subsections (d) through (h) as subsections (c)
through (g), respectively.
(b) Conforming Amendments.--
(1) Subsection (a) of section 223 of such Code is amended
to read as follows:
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction for a taxable year an amount equal to the
aggregate amount paid in cash during such taxable year by or on behalf
of such individual to a health savings account of such individual.''.
(2) Subsection (b) of section 223 of such Code (as amended
by section 2) is amended by striking paragraph (5).
(3) Section 223(c)(1)(A) of such Code (as redesignated by
subsection (a)) is amended--
(A) by striking ``subsection (f)(5)'' and inserting
``subsection (e)(5)'', and
(B) in clause (ii) by striking ``the sum
of--'' and all that follows and inserting ``the dollar
amount in effect under subsection (b)(1).''.
(4) Section 223(f)(1) of such Code (as redesignated by
subsection (a)) is amended by striking ``subsections (b)(1) and
(c)(2)(A)'' and inserting ``subsection (b)(1)''.
(5) Section 26(b)(U) of such Code is amended by striking
``section 223(f)(4)'' and inserting ``section 223(e)(4)''.
(6) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v),
4973(a)(5), and 6051(a)(12) of such Code are each amended by
striking ``section 223(d)'' each place it appears and inserting
``section 223(c)''.
(7) Section 106(d)(1) of such Code is amended--
(A) by striking ``who is an eligible individual (as
defined in section 223(c)(1))'', and
(B) by striking ``section 223(d)'' and inserting
``section 223(c)''.
(8) Section 408(d)(9) of such Code is amended--
(A) in subparagraph (A) by striking ``who is an
eligible individual (as defined in section 223(c))
and'', and
(B) in subparagraph (C) by striking ``computed on
the basis of the type of coverage under the high
deductible health plan covering the individual at the
time of the qualified HSA funding distribution''.
(9) Section 877A(g)(6) of such Code is amended by striking
``223(f)(4)'' and inserting ``223(e)(4)''.
(10) Section 4973(g) of such Code is amended--
(A) by striking ``section 223(d)'' and inserting
``section 223(c)'',
(B) in paragraph (2), by striking ``section
223(f)(2)'' and inserting ``section 223(e)(2)'', and
(C) by striking ``section 223(f)(3)'' and inserting
``section 223(e)(3)''.
(11) Section 4975 of such Code is amended--
(A) in subsection (c)(6)--
(i) by striking ``section 223(d)'' and
inserting ``section 223(c)'', and
(ii) by striking ``section 223(e)(2)'' and
inserting ``section 223(d)(2)'', and
(B) in subsection (e)(1)(E), by striking ``section
223(d)'' and inserting ``section 223(c)''.
(12) Section 6693(a)(2)(C) of such Code is amended by
striking ``section 223(h)'' and inserting ``section 223(g)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 5. RESTORING LOWER PENALTY FOR NONQUALIFIED DISTRIBUTIONS.
(a) HSAs.--Section 223(e)(4)(A) of the Internal Revenue Code of
1986, as amended by section 4, is amended by striking ``20 percent''
and inserting ``10 percent''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after December 31,
2016. | Health Savings Account Expansion Act of 2016 This bill amends the Internal Revenue Code to modify the requirements for health savings accounts (HSAs). The bill modifies the requirements to: increase the maximum contribution amounts, permit the use of HSAs to pay health insurance premiums and direct primary care expenses, repeal the restriction on using HSAs for over-the-counter medications, eliminate the requirement that a participant in an HSA be enrolled in a high deductible health care plan, and decrease the additional tax for HSA distributions not used for qualified medical expenses. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS.
(a) In General.--Subpart 14 of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended--
(1) by inserting after the subpart heading the following:
``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS'';
and
(2) by adding at the end the following:
``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``SEC. 5545. FINDINGS.
``Congress finds the following:
``(1) The Surgeon General of the Public Health Service has
found that although 1 in 10 children and adolescents suffer
from mental illness severe enough to cause some level of
impairment, in any given year fewer than 1 in 5 of these
children receives needed treatment. The short- and long-term
consequences of untreated childhood mental disorders are
costly, in both human and fiscal terms.
``(2) School counselors, school social workers, and school
psychologists are needed to help these children and to provide
a variety of crucial support services.
``(3) Across the United States, there are insufficient
resources for school-based counseling professionals, and often
students do not get the help they need. The current national
average ratio of students to school counselors in elementary
and secondary schools is 561 to 1.
``(4) United States schools need more mental health
professionals, and they need the flexibility to hire the
professionals that will best serve their students.
``(5) According to the Institute of Medicine of the
National Academy of Sciences, the maximum recommended ratio
of--
``(A) students to school counselors is 250 to 1;
``(B) students to school psychologists is 1,000 to
1; and
``(C) students to school social workers is 800 to
1.
``(6) In some States, 1 school counselor typically serves
over 1,000 students. Ratios for school psychologists and school
social workers are also extremely high. In some schools, no
school-based mental health and student service provider is
available to assist students in times of crisis, or at any
other time.
``(7) The number of students is expected to grow
significantly over the next few years. During this time, many
school-based mental health professionals who currently serve
the Nation's youth will retire.
``(8) Model programs using school-based mental health and
student service providers have reduced school suspensions,
reduced referrals to the principal's office, reduced the use of
weapons, force, and threats, and increased students' feelings
of safety.
``SEC. 5546. PURPOSES.
``The purposes of this chapter are to assist States and local
educational agencies in hiring additional school-based mental health
providers, including additional school counselors, school
psychologists, and school social workers to achieve each of the
following:
``(1) To reduce the ratios of school-based mental health
and student service providers to students in elementary and
secondary schools in the United States to the following minimum
ratios recommended by the Institute of Medicine of the National
Academy of Sciences in its 1997 report `Schools and Health: Our
Nation's Investment':
``(A) 1 school counselor for every 250 students;
``(B) 1 school psychologist for every 1,000
students; and
``(C) 1 school social worker for every 800
students.
``(2) To provide school-based mental health and student
services.
``(3) To remove emotional, behavioral, and psychosocial
barriers to learning so as to enhance students classroom
preparedness and ability to learn.
``(4) To support school staff and teachers in improving
classroom management, conducting behavioral interventions to
improve school discipline, and developing the awareness and
skills to identify early warning signs of violence and the need
for mental health services.
``(5) To support parental involvement in improving the
school behavior and academic success of their children.
``SEC. 5547. DEFINITIONS.
``In this chapter, the following definitions apply:
``(1) Child.--The term `child' means an individual who is
not less than 5 years old and not more than 17 years old.
``(2) Child in poverty.--The term `child in poverty' means
a child from a family with an income below the poverty line.
``(3) Mental health and student service provider.--The term
`mental health and student service provider' means a qualified
individual who provides mental health and student services,
including any individual who is a qualified school counselor, a
qualified school psychologist, or a qualified school social
worker.
``(4) Mental health and student services.--The term `mental
health and student services' includes direct, individual, and
group services provided to students, parents, and school
personnel by mental health and student service providers, and
the coordination of prevention strategies in schools or
community-based programs.
``(5) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
``(6) School counselor.--The term `school counselor' means
an individual who has documented competence in counseling
children and adolescents in a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent.
``(7) School psychologist.--The term `school psychologist'
means an individual who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in a school setting;
``(B) possesses State licensure or certification in
school psychology in the State in which the individual
works; or
``(C) possesses national certification by the
National School Psychology Certification Board.
``(8) School social worker.--The term `school social
worker' means an individual who--
``(A) holds a master's degree in social work from a
program accredited by the Council on Social Work
Education;
``(B) is licensed or certified by the State in
which services are provided; or
``(C) possesses a national credential or national
certification as a school social work specialist
granted by an independent professional organization.
``(9) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER
GRANT PROGRAM.
``(a) In General.--In accordance with this chapter, the Secretary
shall make grants to eligible States to assist local educational
agencies in those States in hiring additional school-based mental
health and student service providers.
``(b) Allocation of Funds.--From the total amount appropriated for
a fiscal year to carry out this chapter, the Secretary shall--
``(1) make available 1 percent of such amount to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities that carry out
the purposes of this chapter; and
``(2) make available in the form of grants to each eligible
State an amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total amount as the number of
children in poverty who reside in the State bears to
the number of such children in all States; and
``(B) an amount that bears the same relationship to
50 percent of such total amount as the number of
children enrolled in public and private nonprofit
elementary schools and secondary schools in the State
bears to the number of children enrolled in all such
schools in all States.
``(c) Minimum Grant.--Notwithstanding subsection (b), no grant
under this section shall be for an amount less than $1,000,000.
``(d) Reallocation.--The Secretary shall reallocate to States that
have received approval under subsection (e)(2) any funds allocated
under subsection (b) to a State that fails to submit an application
that is approved by the Secretary.
``(e) Application by State.--
``(1) In general.--To be eligible to receive a grant under
this chapter, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Approval.--The Secretary may not approve an
application under this subsection unless the State submitting
the application--
``(A) presents a plan, which the Secretary
considers to be reasonable, under which the State will
make grants, in accordance with the purposes of this
chapter, to local educational agencies to fund the
hiring of additional school counselors, school
psychologists, and school social workers; and
``(B) provides an assurance that the State will
provide the matching amount required under subsection
(g).
``(f) Use of Funds by State.--
``(1) In general.--In accordance with this subsection, the
total of the amounts made available to a State under this
section and the amounts of the non-Federal match required under
subsection (g) may only be used by a State to make grants to
local educational agencies to assist such agencies in hiring
additional school-based mental health and student service
providers.
``(2) Administrative costs.--In each fiscal year, a State
may use not more than 5 percent of the assistance made
available to it under this chapter for the administrative costs
of the State in carrying out the State's responsibilities under
this chapter.
``(3) Allocation of funds.--In making grants in accordance
with this subsection, the State shall allocate from the total
described in paragraph (1) to each local educational agency an
amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total as the number of children in
poverty who reside in the school district served by the
local educational agency bears to the number of such
children who reside in all the school districts in the
State; and
``(B) an amount that bears the same relationship to
50 percent of such total as the number of children
enrolled in public and private nonprofit elementary
schools and secondary schools in the school district
served by the local educational agency bears to the
number of children enrolled in all such schools in the
State.
``(4) Minimum grant.--Notwithstanding paragraph (3), no
grant made by a State in accordance with this subsection shall
be for an amount less than $50,000.
``(5) Source of data.--For purposes of paragraph (3), the
State shall use data from the most recent fiscal year for which
satisfactory data are available, except that the State may
adjust such data, or use alternative child poverty data, if the
State demonstrates to the Secretary's satisfaction that such
adjusted or alternative data more accurately reflect the
relative incidence of children who are living in poverty and
who reside in the school districts in the State.
``(6) Application by local educational agencies.--A State
may require that, in order to be eligible for a grant made by
the State in accordance with this subsection, a local
educational agency shall submit an application to the State at
such time, in such manner, and containing such information as
the State may require.
``(g) Matching Funds.--
``(1) In general.--As a condition of receiving a grant
under this section, the Secretary shall require that a State
provide from non-Federal sources an amount equal to the amount
of the grant.
``(2) Local contribution.--In making grants to local
educational agencies in accordance with this subsection, a
State may require that a local educational agency match a
portion of the amount of the grant made to the agency.
``(3) Form.--The non-Federal share required by this
subsection may be provided in cash or in kind, fairly
evaluated, and may include facilities, equipment, or services.
``(h) Funds To Be Supplementary.--Assistance made available under
this chapter shall be used to supplement, and may not supplant,
Federal, State, or local funds used for employing school-based mental
health and student service providers.
``(i) Data Collection and Report.--
``(1) In general.--For each fiscal year for which it
receives assistance under this chapter, a State shall collect
data describing how the assistance is used.
``(2) Report.--Not later than 1 year after assistance is
made available to a State under this chapter, the State shall
transmit to the Secretary a report on the data described in
paragraph (1), including information with respect to each local
educational agency to which the State made a grant with
assistance made available under this chapter--
``(A) the number of school counselors, school
psychologists, and school social workers employed by
local educational agency; and
``(B) the ratio of students to school counselors,
the ratio of students to school psychologists, and the
ratio of students to school social workers.
``(3) Source of funds.--A State may use a portion of the
assistance permitted to be used for administrative costs to
carry out its responsibilities under this subsection.
``(4) Publication.--The Secretary shall make data received
under this subsection publicly available on an annual basis.
``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$100,000,000 for each of fiscal years 2004 through 2008.''.
(b) Clerical Amendments.--The table of contents for the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
by amending the items relating to subpart 14 of title V to read as
follows:
``Subpart 14--Grants to Improve the Mental Health of Children
``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS
``Sec. 5541. Grants for the integration of schools and mental health
systems.
``Sec. 5542. Promotion of school readiness through early childhood
emotional and social development.
``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``Sec. 5545. Findings.
``Sec. 5546. Purposes.
``Sec. 5547. Definitions.
``Sec. 5548. School-based mental health and student service provider
grant program.
``Sec. 5549. Authorization of appropriations.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a program to assist States and local educational agencies (LEAs) to recruit, train, and hire additional school-based mental health and student service providers, including additional school counselors, psychologists, and social workers (in order to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of one school counselor for every 250 students, one psychologist for every 1,000 students, and one social worker for every 800 students, as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health).
Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate funds from Federal and State shares of program costs to LEAs according to specified formulae. |
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 ``Accelerate Our Startups Act of
2014''.
SEC. 2. GRANTS FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES.
Add at the end of the Small Business Act (15 U.S.C. 631 et seq.)
the following:
``SEC. 48. GRANTS FOR NONPROFIT ORGANIZATIONS THAT SUPPORT STARTUP
BUSINESSES.
``(a) Grants.--The Administrator shall develop and implement,
beginning not later than one year after the date of the enactment of
this section, a grant program under this section for State and local
governmental and other nonprofit organizations that are located in the
United States and support startup businesses in the United States to
provide those organizations assistance to use for construction costs,
space acquisition, and programmatic purposes.
``(b) Requirement for Recipients.--A recipient of a grant under
this section must demonstrate to the satisfaction of the Administrator
that it will use the grant to provide assistance to at least 5 client
businesses per year that have been in business for less than 5 years.
``(c) Criteria for Grants.--The Administrator shall establish
criteria for grants under this section favoring recipients that provide
startups the following:
``(1) Office, manufacturing, or warehouse space, including
appropriate operations infrastructure.
``(2) Access to capital (either directly from the
organization or though guidance and contacts for acquiring
capital from outside investors), except that such capital may
not be made available from the grant funds (including by making
subgrants).
``(3) Access to professional services (either directly from
the organization or guidance and contacts for acquiring those
services) including accounting and legal services, except that
litigation expenses may not be made available from the grant
funds.
``(4) A formal structured mentorship or developmental
program that assists startups with building business skills and
competencies.
``(d) Considerations To Be Applied in Choosing Recipients.--In
determining whether or not to make a grant under this section to an
organization, the Administrator shall take into account the following:
``(1) If the organization is an existing organization, the
previous record of that organization, as measured by--
``(A) the number of participating client businesses
each of the previous 3 years, if applicable;
``(B) the number of businesses applying each of the
previous 3 years, if applicable;
``(C) the retention rate of client businesses;
``(D) the average duration of client business
participation in program; total, average, and median
capital raised by participation client businesses;
``(E) the total, average, and median number of
employees of participating client businesses; and
``(F) other metrics deemed appropriate by the
Administrator.
``(2) Promoting growth in underserviced geographic areas
with sufficient population density.
``(3) How experienced the entrepreneurial leadership of the
organization is.
``(4) The ability of the organization to utilize and
leverage local strengths, including human resources,
infrastructure, or educational institutions.
``(e) Requirement of Fee Paid by Participating Startups.--Each
recipient of a grant under this section shall require each
participating client business in the program assisted under this
section to pay, at minimum, a entry fee for participation in the
program.
``(f) Matching Public Funding Requirement.--The Small Business
Administration shall require as condition of grant under this section,
that the recipient obtain a grant from a local or State government for
the same purposes as a grant may be made under this section, to carry
out the program of the recipient assisted under this section. The
amount of that grant from a local or State government may not be less
than \1/2\ the amount received by that recipient under this section.
``(g) Matching Nonpublic Funding Requirement.--The Small Business
Administration shall require as condition of grant under this section,
that the recipient obtain nonpublic (defined as private or nonprofit)
funding for the same purposes as a grant may be made under this
section, to carry out the program of the recipient assisted under this
section. The amount of that funding from a nonpublic source may not be
less than \1/2\ the amount received by that recipient under this
section.
``(h) Consequences of Failure To Abide by Terms and Conditions of
Grant or Requirements of This Section.--Each recipient shall be
notified that failure to abide by the terms and conditions of the grant
or the requirements of this section may, in the discretion of the
Administrator and in addition to any other civil or criminal
consequences, result in recapture by the Administration of the grant
funds.
``(i) Annual Progress Reporting by Recipients of Grants.--Each
recipient of a grant under this section shall annually report to the
Administrator on the progress of the program assisted under this
section, including--
``(1) the number of participating client businesses each of
the previous 3 years, if applicable;
``(2) the number of businesses applying each of the
previous 3 years, if applicable;
``(3) the retention rate of client businesses;
``(4) the average duration of client business participation
in program;
``(5) the total, average, and median capital raised by
participation client businesses;
``(6) the total, average, and median number of employees of
participating client businesses; and
``(7) other metrics deemed appropriate by the
Administrator.
``(j) Report to Congress.--The Administrator shall report annually
to Congress the Administrator's assessment of the effectiveness of the
grant program under this section including the metrics listed in
subsection (i).
``(k) Coordination With Other Small Business Administration
Programs.--The Administrator shall take appropriate action to encourage
grantees under this section to utilize and incorporate Small Business
Administration programs, such as Small Business Development Centers;
Small Business Investment Companies, section 7(a) loans, and section
504 loans.
``(l) Listing on Website.--The Administrator shall include a list
of recipients of the grants under this section on the Small Business
Administration website.
``(m) Definition.--In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
``(n) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section $5,000,000 for each fiscal year
beginning with the first fiscal year that begins after the date of the
enactment of this Act and each of the succeeding 4 fiscal years.''. | Accelerate Our Startups Act of 2014 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to develop and implement a grant program for state and local governmental and other nonprofit organizations located in the United States that support startup businesses by providing assistance for construction costs, space acquisition, and programmatic purposes. Requires a grant recipient to: (1) demonstrate that it will use the grant to provide assistance to at least five client businesses per year that have been in business for less than five years, (2) require client businesses to pay an entry fee to participate in the program, and (3) submit annual progress reports. Directs the Administrator: (1) to establish grant criteria favoring recipients that provide startups with office, manufacturing, or warehouse space, access to capital and professional services, and a formal structured mentorship or developmental program that assists with building business skills and competencies; and (2) in determining whether to make a grant, to take into account promoting growth in underserviced areas with sufficient population density and the organization's entrepreneurial leadership experience, ability to utilize and leverage local strengths, and record with regard to client business participation. Directs the SBA to condition receipt of a grant under this Act on the recipient obtaining matching funding for the same purposes from a local or state government grant and nonpublic funding. |
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 ``Respond, Innovate, Succeed, and
Empower Act of 2016'' or the ``RISE Act of 2016''.
SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY.
Section 103(6) of the Higher Education Act of 1965 (20 U.S.C.
1003(6)) is amended by striking ``section 3(2)'' and inserting
``section 3''.
SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED
IN COLLEGE.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) The institution will carry out the following:
``(A) Adopt policies that, at a minimum, make the
following documentation submitted by an individual
sufficient to establish that such individual is an
individual with a disability:
``(i) Documentation that the individual has
had an individualized education program (IEP)
in accordance with section 614(d) of the
Individuals with Disabilities Education Act,
including an IEP that may not be current or up-
to-date on the date of the determination. The
institution may ask for additional
documentation from an individual who had an IEP
who was found ineligible for services or exited
from eligibility under such Act during
elementary school.
``(ii) Documentation that the individual
has had a plan prepared under section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794).
``(iii) A plan or record of service for the
individual from a private school, a local
educational agency, a State educational agency,
or an institution of higher education provided
in accordance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
``(iv) A record or evaluation from a
relevant licensed professional finding that the
individual has a disability.
``(v) A plan or record of disability from
another institution of higher education.
``(vi) Documentation of a disability due to
service in the uniformed services, as defined
in section 484C(a).
``(B) Adopt policies that are transparent and
explicit regarding information about the process by
which the institution determines eligibility for
accommodations.
``(C) Disseminate such information to students,
parents, and faculty in an accessible format, including
during any student orientation and making such
information readily available on a public website of
the institution.''.
SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION
AND TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH
DISABILITIES.
Section 777(a) of the Higher Education Act of 1965 (20 U.S.C.
1140q(a)) is amended--
(1) in paragraph (1), by striking ``From amounts
appropriated under section 778,'' and inserting ``From amounts
appropriated under paragraph (5),''; and
(2) by adding at the end the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.''.
SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by section 3, is further amended by adding at the
end the following:
``(31) The institution will submit, for inclusion in the
Integrated Postsecondary Education Data System (IPEDS) or any
other Federal postsecondary institution data collection effort,
key data related to undergraduate students enrolled at the
institution who are formally registered as students with
disabilities with the institution's office of disability
services (or the equivalent office), including graduation rates
for students with disabilities and the number and percentage of
students with disabilities accessing or receiving
accommodations at the institution. An institution shall not be
required to submit the information described in the preceding
sentence if the number of such students is equal to or less
than 10, so as not to reveal personally identifiable
information about an individual student.''.
SEC. 6. RULE OF CONSTRUCTION.
None of the amendments made by this Act shall be construed to
affect the meaning of the terms ``reasonable accommodation'' or
``record of impairment'' under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under
such Act. | Respond, Innovate, Succeed, and Empower Act of 2016 or the RISE Act of 2016 This bill amends the Higher Education Act of 1965 to set forth requirements about data collection related to students with disabilities. Specifically, the bill requires institutions of higher learning to outline which documents disabled students need to submit in order to ensure they are eligible for student disability support services. Institutions must submit key data related to their undergraduate students with disabilities for inclusion in federal postsecondary institution data collection efforts. |
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 ``Mississippi Sioux Tribes Judgment
Fund Distribution Act of 1996''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Covered indian tribe.--The term ``covered Indian
tribe'' means an Indian tribe listed in section 4(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribal governing body.--The term ``tribal governing
body'' means the duly elected governing body of a covered
Indian tribe.
SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE SISSETON AND
WAHPETON TRIBES OF SIOUX INDIANS.
Notwithstanding any other provision of law, including Public Law
92-555 (25 U.S.C. 1300d et seq.), any funds made available by
appropriations under Public Law 90-352 to the Sisseton and Wahpeton
Tribes of Sioux Indians to pay a judgment in favor of the Tribes in
Indian Claims Commission dockets numbered 142 and 359, including
interest, after payment of attorney fees and other expenses, that, as
of the date of enactment of this Act, have not been distributed, shall
be distributed and used in accordance with this Act.
SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES.
(a) In General.--Subject to section 5, as soon as practicable after
the date that is 1 year after the date of enactment of this Act, the
Secretary shall distribute an aggregate amount, equal to the funds
described in section 3 reduced by $1,469,831.50, as follows:
(1) 28.9276 percent of such amount shall be distributed to
the tribal governing body of the Devils Lake Sioux Tribe of
North Dakota.
(2) 57.3145 percent of such amount shall be distributed to
the tribal governing body of the Sisseton and Wahpeton Sioux
Tribe of South Dakota.
(3) 13.7579 percent of such amount shall be distributed to
the tribal governing body of the Assiniboine and Sioux Tribes
of the Fort Peck Reservation in Montana, as designated under
subsection (b).
(b) Tribal Governing Body of Assiniboine and Sioux Tribes of Fort
Peck Reservation.--For purposes of making distributions of funds
pursuant to this Act, the Sisseton and Wahpeton Sioux Council of the
Assiniboine and Sioux Tribes shall act as the governing body of the
Assiniboine and Sioux Tribes of the Fort Peck Reservation.
SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.
(a) In General.--As a condition to receiving funds distributed
under section 4, each tribal governing body referred to in section 4(a)
shall establish a trust fund for the benefit of the covered Indian
tribe under the jurisdiction of that tribal governing body, consisting
of--
(1) amounts deposited into the trust fund; and
(2) any interest that accrues from investments made from
amounts deposited into the trust fund.
(b) Trustee.--Each tribal governing body that establishes a trust
fund under this section shall--
(1) serve as the trustee of the trust fund; and
(2) administer the trust fund in accordance with section 6.
SEC. 6. USE OF DISTRIBUTED FUNDS.
(a) Prohibition.--No funds distributed to a covered Indian tribe
under section 4 may be used to make per capita payments to members of
the covered Indian tribe.
(b) Purposes.--The funds distributed under section 4 may be used by
a tribal governing body referred to in section 4(a) only for the
purpose of making investments or expenditures that the tribal governing
body determines to be reasonably related to--
(1) economic development that is beneficial to the covered
Indian tribe;
(2) the development of resources of the covered Indian
tribe; or
(3) the development of a program that is beneficial to
members of the covered Indian tribe, including educational and
social welfare programs.
(c) Audits.--
(1) In general.--The Secretary shall conduct an annual
audit to determine whether each tribal governing body referred
to in section 4(a) is managing the trust fund established by
the tribal governing body under section 5 in accordance with
the requirements of this section.
(2) Action by the secretary.--
(A) In general.--If, on the basis of an audit
conducted under paragraph (1), the Secretary determines
that a covered Indian tribe is not managing the trust
fund established by the tribal governing body under
section 5 in accordance with the requirements of this
section, the Secretary shall require the covered Indian
tribe to take remedial action to achieve compliance.
(B) Appointment of independent trustee.--If, after
a reasonable period of time specified by the Secretary,
a covered Indian tribe does not take remedial action
under subparagraph (A), the Secretary, in consultation
with the tribal governing body of the covered Indian
tribe, shall appoint an independent trustee to manage
the trust fund established by the tribal governing body
under section 5.
SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON BENEFITS.
(a) In General.--A payment made to a covered Indian tribe or an
individual under this Act shall not--
(1) for purposes of determining the eligibility for a
Federal service or program of a covered Indian tribe,
household, or individual, be treated as income or resources; or
(2) otherwise result in the reduction or denial of any
service or program to which, pursuant to Federal law (including
the Social Security Act (42 U.S.C. 301 et seq.)), the covered
Indian tribe, household, or individual would otherwise be
entitled.
(b) Tax Treatment.--A payment made to a covered Indian tribe or
individual under this Act shall not be subject to any Federal or State
income tax.
SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS.
Not later than 1 year after the date of enactment of this Act, of
the funds described in section 3, the Secretary shall, in the manner
prescribed in section 202(c) of Public Law 92-555 (25 U.S.C. 1300d-
4(c)), distribute an amount equal to $1,469,831.50 to the lineal
descendants of the Sisseton and Wahpeton Tribes of Sioux Indians. | Mississippi Sioux Tribes Judgement Fund Distribution Act of 1996 - Provides for distribution to, and use of certain funds by, the Sisseton and Wahpeton Tribes of Sioux Indians.
(Sec. 4) Directs the Secretary of the Interior, one year after enactment of this Act, to distribute specified amounts to the tribal governing body of the: (1) Devils Lake Sioux Tribe of North Dakota; (2) Sisseton and Wahpeton Sioux Tribe of South Dakota; and (3) Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana. Designates the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes as the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation.
(Sec. 5) Directs each tribal governing body, as a condition for receiving the distributed funds, to establish a tribal trust fund for the benefit of the covered Indian tribe under its jurisdiction. Requires that each tribal governing body shall: (1) serve as the trustee of the trust fund; and (2) administer the trust fund.
(Sec. 6) Prohibits funds distributed to a covered Indian tribe from being used to make per capita payments to members of the covered Indian tribe.
Allows funds distributed to be used by a tribal governing body only for the purpose of making investments or expenditures that the tribal governing body determines to be related to: (1) economic development that is beneficial to the covered Indian tribe; (2) the development of resources of the covered Indian tribe; or (3) the development of a program that is beneficial to members of the covered Indian tribe, including educational and social welfare programs.
Directs the Secretary to conduct an annual audit.
(Sec. 7) Sets forth provisions concerning the effect of payments to a covered Indian tribe or an individual on eligibility for, or the reduction or denial of, Federal benefits. Prohibits subjecting a payment made to a covered Indian tribe or individual under this Act to Federal or State income tax.
(Sec. 8) Directs the Secretary, not later than one year after enactment, to distribute a specified amount to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians. |
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 ``Housing Affordability Assurance
Act''.
SEC. 2. HOUSING IMPACT ANALYSIS.
(a) Applicability.--Except as provided in subsection (b), the
requirements of this section shall apply with respect to--
(1) any proposed rule, unless the agency promulgating the
rule--
(A) has certified that the proposed rule will not,
if given force or effect as a final rule, have a
significant deleterious impact on housing
affordability; and
(B) has caused such certification to be published
in the Federal Register at the time of publication of
general notice of proposed rulemaking for the rule,
together with a statement providing the factual basis
for the certification; and
(2) any final rule, unless the agency promulgating the
rule--
(A) has certified that the rule will not, if given
force or effect, have a significant deleterious impact
on housing affordability; and
(B) has caused such certification to be published
in the Federal Register at the time of publication of
the final rule, together with a statement providing the
factual basis for the certification.
Any agency making a certification under this subsection shall provide a
copy of such certification and the statement providing the factual
basis for the certification to the Secretary of Housing and Urban
Development.
(b) Exception for Certain Banking Rules.--The requirements of this
section shall not apply to any proposed or final rule relating to--
(1) the operations, safety, or soundness of--
(A) federally insured depository institutions or
any affiliate of such an institution (as such term is
defined in section 2(k) of the Bank Holding Company Act
of 1956 (12 U.S.C. 1841(k));
(B) credit unions;
(C) the Federal home loan banks;
(D) the enterprises (as such term is defined in
section 1303 of the Housing and Community Development
Act of 1992 (12 U.S.C. 4502);
(E) a Farm Credit System institution; or
(F) foreign banks or their branches, agencies,
commercial lending companies, or representative offices
that operate in the United States, or any affiliate of
a foreign bank (as such terms are defined in section 1
of the International Banking Act of 1978 (12 U.S.C.
3101); or
(2) the payments system or the protection of deposit
insurance funds or the Farm Credit Insurance Fund.
(c) Statement of Proposed Rulemaking.--Whenever an agency publishes
general notice of proposed rulemaking for any proposed rule, unless the
agency has made a certification under subsection (a), the agency
shall--
(1) in the notice of proposed rulemaking--
(A) state with particularity the text of the
proposed rule; and
(B) request any interested persons to submit to the
agency any written analyses, data, views, and
arguments, and any specific alternatives to the
proposed rule;
(2) provide an opportunity for interested persons to take
the actions specified under paragraph (1)(B) before
promulgation of the final rule; and
(3) prepare and make available for public comment an
initial housing impact analysis in accordance with the
requirements of subsection (d).
(d) Initial Housing Impact Analysis.--
(1) Requirements.--Each initial housing impact analysis
shall describe the impact of the proposed rule on housing
affordability. The initial housing impact analysis or a summary
shall be published in the Federal Register at the same time as,
and together with, the publication of general notice of
proposed rulemaking for the rule. The agency shall transmit a
copy of the initial housing impact analysis to the Secretary of
Housing and Urban Development.
(2) Contents.--Each initial housing impact analysis
required under this subsection shall contain--
(A) a description of the reasons why action by the
agency is being considered;
(B) a succinct statement of the objectives of, and
legal basis for, the proposed rule;
(C) a description of and, where feasible, an
estimate of the extent to which the proposed rule would
increase the cost or reduce the supply of housing or
land for residential development; and
(D) an identification, to the extent practicable,
of all relevant Federal rules which may duplicate,
overlap, or conflict with the proposed rule.
(e) Final Housing Impact Analysis.--
(1) Requirement.--Whenever an agency promulgates a final
rule after publication of a general notice of proposed
rulemaking, unless the agency has made the certification under
subsection (a), the agency shall prepare a final housing impact
analysis.
(2) Contents.--Each final housing impact analysis shall
contain--
(A) a succinct statement of the need for, and
objectives of, the rule;
(B) a summary of the significant issues, analyses,
and alternatives to the proposed rule raised during the
public comment period in response to the proposed rule
and initial housing impact analysis, a summary of the
assessment of the agency of such issues, analyses, and
alternatives, and a statement of any changes made in
the proposed rule as a result of such comments; and
(C) a description of and an estimate of the extent
to which the rule will impact housing affordability or
an explanation of why no such estimate is available.
(3) Availability.--The agency shall make copies of the
final housing impact analysis available to members of the
public and shall publish in the Federal Register such analysis
or a summary thereof.
(f) Avoidance of Duplicative or Unnecessary Analyses.--
(1) Duplication.--Any Federal agency may perform the
analyses required by subsections (d) and (e) in conjunction
with or as a part of any other agenda or analysis required by
any other law, executive order, directive, or rule if such
other analysis satisfies the provisions of such subsections.
(2) Joinder.--In order to avoid duplicative action, an
agency may consider a series of closely related rules as one
rule for the purposes of subsections (d) and (e).
(g) Preparation of Analyses.--In complying with the provisions of
subsections (d) and (e), an agency may provide either a quantifiable or
numerical description of the effects of a proposed rule or alternatives
to the proposed rule, or more general descriptive statements if
quantification is not practicable or reliable.
(h) Effect on Other Law.--The requirements of subsections (d) and
(e) do not alter in any manner standards otherwise applicable by law to
agency action.
(i) Procedure for Waiver or Delay of Completion.--
(1) Initial housing impact analysis.--An agency head may
waive or delay the completion of some or all of the
requirements of subsection (d) by publishing in the Federal
Register, not later than the date of publication of the final
rule, a written finding, with reasons therefor, that the final
rule is being promulgated in response to an emergency that
makes compliance or timely compliance with the provisions of
subsection (a) impracticable.
(2) Final housing impact analysis.--An agency head may not
waive the requirements of subsection (e). An agency head may
delay the completion of the requirements of subsection (e) for
a period of not more than 180 days after the date of
publication in the Federal Register of a final rule by
publishing in the Federal Register, not later than such date of
publication, a written finding, with reasons therefor, that the
final rule is being promulgated in response to an emergency
that makes timely compliance with the provisions of subsection
(e) impracticable. If the agency has not prepared a final
housing impact analysis pursuant to subsection (e) within 180
days from the date of publication of the final rule, such rule
shall lapse and have no force or effect. Such rule shall not be
repromulgated until a final housing impact analysis has been
completed by the agency.
(j) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Housing affordability.--The term ``housing
affordability'' means the quantity of housing that is
affordable to families having incomes that do not exceed 150
percent of the median income of families in the area in which
the housing is located, with adjustments for smaller and larger
families. For purposes of this paragraph, area, median family
income for an area, and adjustments for family size shall be
determined in the same manner as such factors are determined
for purposes of section 3(b)(2) of the United States Housing
Act of 1937.
(2) Agency.--The term ``agency'' means each authority of
the Government of the United States, whether or not it is
within or subject to review by another agency, but does not
include--
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or
possessions of the United States;
(D) the government of the District of Columbia;
(E) agencies composed of representatives of the
parties or of representatives of organizations of the
parties to the disputes determined by them;
(F) courts-martial and military commissions;
(G) military authority exercised in the field in
time of war or in occupied territory; or
(H) functions conferred by--
(i) sections 1738, 1739, 1743, and 1744 of
title 12, United States Code;
(ii) chapter 2 of title 41, United States
Code;
(iii) subchapter II of chapter 471 of title
49, United States Code; or
(iv) sections 1884, 1891-1902, and former
section 1641(b)(2), of title 50, appendix,
United States Code.
(3) Families.--The term ``families'' has the meaning given
such term in section 3 of the United States Housing Act of
1937.
(4) Rule.--The term ``rule'' means any rule for which the
agency publishes a general notice of proposed rulemaking
pursuant to section 553(b) of title 5, United States Code, or
any other law, including any rule of general applicability
governing grants by an agency to State and local governments
for which the agency provides an opportunity for notice and
public comment; except that such term does not include a rule
of particular applicability relating to rates, wages, corporate
or financial structures or reorganizations thereof, prices,
facilities, appliances, services, or allowances therefor or to
valuations, costs or accounting, or practices relating to such
rates, wages, structures, prices, appliances, services, or
allowances.
(5) Significant.--The term ``significant'' means increasing
consumers' cost of housing by more than $100,000,000 per year.
(k) Development.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall develop model initial and final housing impact analyses under
this section and shall cause such model analyses to be published in the
Federal Register. The model analyses shall define the primary elements
of a housing impact analysis to instruct other agencies on how to carry
out and develop the analyses required under subsections (d) and (e).
(l) Judicial Review.--
(1) Determination by agency.--Except as otherwise provided
in paragraph (2), any determination by an agency concerning the
applicability of any of the provisions of this Act to any
action of the agency shall not be subject to judicial review.
(2) Other actions by agency.--Any housing impact analysis
prepared under subsection (d) or (e) and the compliance or
noncompliance of the agency with the provisions of this Act
shall not be subject to judicial review. When an action for
judicial review of a rule is instituted, any housing impact
analysis for such rule shall constitute part of the whole
record of agency action in connection with the review.
(3) Exception.--Nothing in this subsection bars judicial
review of any other impact statement or similar analysis
required by any other law if judicial review of such statement
or analysis is otherwise provided by law. | Housing Affordability Assurance Act - Requires, with an exception for certain banking rules, a housing impact analysis of any new rule of a Federal agency that has an economic impact of $100 million or more. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FINDINGS.
The Congress finds the following:
(1) During the initial months after Virginia was settled,
the Rappahannocks had 3 encounters with Captain John Smith. The
first occurred when the Rappahannock weroance (headman)
traveled to Quiyocohannock (a principal town across the James
River from Jamestown) where he met with the Englishman to
determine if Smith had been the ``great man'' who had
previously sailed into the Rappahannock River, killed a
Rappahannock weroance, and kidnapped Rappahannock people. He
determined that Smith was too short to be that ``great man''.
On a second meeting, during John Smith's captivity (December
16, 1607 until January 8, 1608), Smith was taken to the
Rappahannock principal village to show the people that Smith
was not the great man. A third meeting took place during
Smith's exploration of the Chesapeake Bay (July 1608 until
September 1608), when Smith was prevailed upon to make peace
between the Rappahannock and the Moraughtacund Indians. The
Moraughtacunds had stolen 3 women from the Rappahannock King.
In the settlement, Smith had the 2 tribes meet on the spot of
their first fight. When it was established that both sides
wanted peace, Smith told the Rappahannock King to select which
of the 3 women he wanted; the Moraughtacund King got second
choice; Mosco, a Wighcocomoco (on the Potomac River) guide, was
given the third woman.
(2) In 1645, Captain William Claiborne tried unsuccessfully
to establish treaty relations with the Rappahannocks. The
Rappahannocks had not participated in the Pamunkey-led uprising
in 1644, and the English wanted to ``treat with the
Rappahannocks or any other Indians not in amity with
Opechancanough, concerning serving the county against the
Pamunkeys''.
(3) In April 1651, the Rappahannocks conveyed their first
tract of land to an English settler, Colonel Morre Fauntleroy.
The deed was signed by Accopatough, weroance of the
Rappahannock Indians.
(4) In September 1653, Lancaster County signed a treaty
with Rappahannock Indians. The terms of the treaty gave
Rappahannocks the rights of the Englishmen in the county court,
and it tried to make the Rappahannock more accountable to
English law.
(5) In September 1653, Lancaster County defined and marked
the bounds of its Indian settlements. According to the
Lancaster clerk of court, ``the tribe called the great
Rappahannocks lived on the Rappahannock Creek just across the
river above Tappahannock''.
(6) In September 1656, (Old) Rappahannock County (modern-
day Richmond and Essex Counties) signed a treaty with
Rappahannock Indians. The treaty mirrored the Lancaster County
treaty from 1653, and added 2 points: Rappahannocks were to be
rewarded, in Roanoke, for returning English fugitives and the
English encouraged the Rappahannocks to send their children to
live among the English as servants, who the English promised
would be treated well.
(7) In 1658, the Virginia assembly revised a 1652 Act
stating that ``there be no grants of land to any Englishman
whatsoever de futuro until the Indians be first served with the
proportion of 50 acres of land for each bowman''.
(8) In 1669, the colony conducted a census of Virginia
Indians. At that time, the majority of the Rappahannocks were
residing at their hunting village on the north side of the
Mattaponi River. At the time of the visit, census takers were
counting only the tribes along the rivers. This explains the
low number of 30 Rappahannock bowmen counted on the river. The
Rappahannocks used this hunting village on the north side of
the Mattaponi River as their primary residence until they were
removed in 1684.
(9) In May 1677, the Treaty of Middle Plantation was signed
with England. The Pamunkey Queen Cockacoeske signed on behalf
of the Rappahannocks ``who were supposed to be her
tributaries''. However, before the treaty could be ratified,
the Queen of Pamunkey complained to the Virginia Colonial
Council ``that she was having trouble with Rappahannocks and
Chickahominies, supposedly tributaries of hers''.
(10) In November 1682, the Virginia Colonial Council
established a reservation for the Rappahannock Indians of 3,474
acres ``about the town where they dwelt''. The Rappahannocks
``town'' was their hunting village on the north side of the
Mattaponi River, where they had lived throughout the 1670's.
The acreage allotment was based on the 1658 Indian land act
(seen above), which translated into a bowman population of 70,
or an approximate total Rappahannock population of 350.
(11) In 1683, following raids by Iroquoian warriors on both
Indian and English Settlements, the Virginia Colonial Council
ordered the Rappahannocks to leave their reservation and unite
with the Nanzatico Indians at Nanzatico Indian Town, which was
located across and 30 miles up the Rappahannock River.
(12) Between 1687 and 1699, the Rappahannocks migrated out
of Nanzatico, returning to the south side of the Rappahannock
River at Portobacco Indian Town.
(13) In 1706, by order of Essex County, Lieutenant Richard
Covington ``escorted'' the Portobaccos and Rappahannocks out of
Portobacco Indian Town, out of Essex County, and into King and
Queen County where they settled along the ridgeline between the
Rappahannock and Mattaponi Rivers, the site of their ancient
hunting village and Mattaponi Rivers, the site of their ancient
hunting village and 1682 reservation.
(14) During the 1760s 3 Rappahannock girls were raised on
Thomas Nelson's ``Bleak Hill'' Plantation in King William
County. One girl married a Saunders man, one married a Johnson
man, and the third had 2 children, Edmund and Carter Nelson,
fathered by Thomas Cary Nelson. In the 19th century, these
Saunders, Johnson, and Nelson families are among the core
Rappahannock families from which the modern tribe traces its
descent.
(15) In 1819 and 1820, Edward Bird, John Bird and his
unnamed wife, Carter Nelson, Edmund Nelson, and Carter Spurlock
(all Rappahannock ancestors) were listed on the tax roles of
King and Queen County. They are taxed at the county poor rate.
Edmund Bird is added to the list in 1821. This is significant
documentation because the overwhelming majority of pre-1864
records for King and Queen County were destroyed by fire.
(16) Beginning in 1819, and continuing through the 1880s,
there was a solid Rappahannock presence in the membership at
Upper Essex Baptist Church. This is the first instance of
conversion to Christianity by at least some Rappahannocks.
Twenty-six identifiable and traceable Rappahannock surnames
appear on the pre-1863 membership list; 28 were listed on the
1863 membership roster; that number had declined to 12 in 1878
and had risen only slightly to 14 by 1888. One reason for the
decline: in 1870, a Methodist circuit rider, Joseph Mastin,
secured funds to purchase land and construct St. Stephens
Baptist church for the Rappahannocks living nearby in Caroline
County. Mastin documented from 1850 to 1870. St. Stephens was
the dominant tribal church until the Rappahannock Indian
Baptist Church was established in 1964. At both, the core
Rappahannock family names of Bird, Clarke, Fortune, Johnson,
Nelson, Parker, and Richardson predominate.
(17) During the early 1900s, James Mooney, noted
anthropologist, maintained correspondence with the
Rappahannocks, surveying them and instructing them on how to
formalize their tribal government.
(18) In November 1920, Speck visited the Rappahannocks and
assisted them in organizing the fight for their sovereign
rights. In 1921, the Rappahannocks were granted a charter from
the Commonwealth of Virginia formalizing their tribal
government. Speck began a professional relationship with the
Tribe that would last more than 30 years and document
Rappahannock history and traditions as never done before.
(19) In April 1921, Rappahannock Chief George Nelson asked
the Governor of Virginia, Westmoreland Davis, to forward a
proclamation to the President of the United States. A list of
tribal members and a handwritten copy of the proclamation
itself were appended. The letter concerned Indian freedom of
speech and assembly nationwide. Chief Nelson testified also
before Congress requesting acknowledgement of the Rappahannocks
civil and sovereign rights, quoting Isaiah 40:31; ``They that
wait upon the Lord shall renew their Strength; they shall mount
up with wings as Eagles; They shall run, and not be weary; and
they shall walk, and not faint''.
(20) In 1922, the Rappahannocks established a formal school
at Lloyds, Essex County, Virginia. Prior to that time,
Rappahannock children were taught by a tribal member in Central
Point, Caroline County, Virginia.
(21) In December 1923, Rappahannock Chief George Nelson
testified before the United States Congress appealing for a
$50,000 appropriation to establish an Indian school in
Virginia.
(22) In 1930, the Rappahannocks were engaged in an ongoing
dispute with the Commonwealth of Virginia and the United States
Census Bureau about their classification in the 1930 Federal
census. In January 1930, Rappahannock Chief Otho S. Nelson
wrote to the Chief Statistician of the United States Census
Bureau asking that the 218 enrolled Rappahannocks be listed as
Indians. In February, Leon Truesdell replied to Nelson saying
that ``special instructions'' were being given about
classifying Indians. That April, Nelson wrote to William M.
Steuart at the Census Bureau asking about the enumerators'
failure to classify his people as Indians. Nelson said that
enumerators had not asked the question about race when they
interviewed his people. In a follow-up letter to Truesdell,
Nelson reported that the enumerators were ``flatly denying''
his people's request to be listed as Indians. Furthermore, the
race question was completely avoided during interviews. The
Rappahannocks had talked with Caroline and Essex County
enumerators, and with John M.W. Green already, without success.
Nelson asked Truesdell to list people as Indian if he sent a
list of members. The matter was settled by William Steuart who
concluded that the Bureaus rule was that people of Indian
descent could only be classified as ``Indian'' if Indian
``blood'' predominated and ``Indian'' identity was accepted in
the local community. The Virginia Vital Statistics Bureau
classed all nonreservation Indians as ``negro'', and it failed
to see why ``an exception should be made'' for the
Rappahannocks. Therefore, in 1925, the Indian Rights
Association took on the Rappahannock case to assist them in
fighting for their recognition and rights as an Indian Tribe.
(23) During the World War II, the Pamunkeys, Mattaponis,
Chickahominies, and Rappahannocks fought the draft boards about
their racial identity. The Virginia Vital Statistics Bureau
insisted that certain Indian draftees be inducted into Negro
units. In the end, 3 Rappahannocks were convicted of violating
the Federal draft laws. After spending time in a Federal
prison, they were granted conscientious objector status and
served out the remainder of the war working in military
hospitals.
(24) In 1943, Frank Speck noted that there were
approximately 25 communities of Indians left in the Eastern
United States that were entitled to Indian classification. The
Rappahannocks were included in this group.
(25) In the 1940s, Leon Truesdell, Chief Statistician,
United States Bureau of the Census, listed 118 members in the
Rappahannock tribe in the Indian population of Virginia.
(26) In April 25, 1940, the United Stated Department of the
Interior, Office of Indian Affairs, included the Rappahannocks
in their list of Tribes by State and Agency.
(27) In 1948, the Smithsonian Institution Annual Report
included an article by William Harlen Gilbert titled,
``Surviving Indian Groups of the Eastern United States''. The
Rappahannock Tribe was included and described in this article.
(28) In the late 1940s and early 1950s, the Rappahannocks
operated a school at Indian Neck. The State agreed to pay a
tribal teacher to teach 10 students bused by King and Queen
County to Sharon Indian School in King William County,
Virginia. In 1965, Rappahannock students entered Marriott High
School (a white public school) by Executive order of the
Governor of Virginia. In 1972, the Rappahannocks worked with
the Coalition of Eastern Native Americans to fight for Federal
recognition. In 1979, the Coalition established a pottery and
artisans company, operating with other Virginia tribes. In
1980, the Rappahannocks received funding through the
Administration for Native Americans, to develop an economic
program for the Tribe.
(29) In 1983, the Rappahannocks received State recognition.
This Bill acknowledges the perseverance of our people and their
long struggle to maintain their community, tribal culture, and
traditions, to take their rightful place in the history of the
United States.
(30) Thomasina E. Jordan is commended for her tireless
effort and work to gain federal recognition for Virginia
Indians. Thomasina E. Jordan laid the foundation to make
federal recognition a possibility. The Virginia Indians stand
on her shoulders.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Tribe'' means the organization possessing
the legal name Rappahannock Tribe, Inc., only and no other
tribe, subtribe, band, or splinter groups representing
themselves as Rappahannocks;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) the term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 3. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of the United States of general
application to Indians or nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) Federal Services and Benefits.--
(1) In general.--The Tribe and its members shall be
eligible, on and after the date of the enactment of this Act,
for all services and benefits provided by the Federal
Government to federally recognized Indian tribes without regard
to the existence of a reservation for the Tribe or the location
of the residence of any member on or near any Indian
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of King and
Queen, Caroline, and Essex, Spotsylvania, Stafford, and
Richmond Counties, Virginia.
SEC. 4. MEMBERSHIP; GOVERNING DOCUMENTS.
The membership roll and governing documents of the Tribe shall be
the most recent membership roll and governing documents, respectively,
submitted by the Tribe to the Secretary before the date of the
enactment of this Act.
SEC. 5. GOVERNING BODY.
The governing body of the Tribe shall be the governing body on the
date of the enactment of this Act, or any new governing body selected
under the election procedures specified in the governing documents of
the Tribe.
SEC. 6. RESERVATION OF THE TRIBE.
Notwithstanding any other provision of law, if the Tribe transfers
other land within the boundaries of King and Queen County, Essex
County, Richmond County, Caroline County, Spotsylvania County, or
Stafford County, Virginia, to the Secretary, the Secretary shall take
such land into trust for the benefit of the Tribe.
SEC. 7. GAMING PROHIBITION.
No land taken into trust for the benefit of the tribe shall be
considered Indian lands for the purposes of the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
SEC. 8. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect in any manner
any hunting, fishing, trapping, gathering, or water rights of the Tribe
and its members. | Extends federal recognition to the Rappahannock Tribe, Inc., of Virginia. Makes the Tribe and its members eligible for all future services and benefits provided by the federal government to federally recognized tribes. Deems the Tribe's service area to be King and Queen, Caroline, and Essex, Spotsylvania, Stafford, and Richmond Counties, Virginia.
Sets forth requirements for submission of a tribal membership roll and governing documents.
Requires the Secretary to take into trust for the Tribe's benefit any other land within such counties the Tribe transfers to the Secretary.
Provides that no land taken into trust for the Tribe's benefit shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act. |
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 ``Sales Tax Equitability Act of
2003''.
SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES FOR RESIDENTS
OF STATES WITH NO INCOME TAX.
(a) In General.--Subsection (b) of section 164 of the Internal
Revenue Code of 1986 (relating to definitions and special rules) is
amended by adding at the end the following:
``(5) General sales taxes.--For purposes of this section--
``(A) Deduction of state and local sales taxes by
residents of states imposing no income tax.--In the
case of an individual who is a resident for more than
half of the taxable year of a State which imposes no
income tax on income earned within such State by
residents of such State and who elects the application
of this paragraph, subsection (a) shall be applied--
``(i) without regard to the reference to
State and local income taxes,
``(ii) as if State and local general sales
taxes were referred to in a paragraph thereof,
and
``(iii) without regard to the last
sentence.
``(B) Definition of general sales tax.--The term
`general sales tax' means a tax imposed at one rate
with respect to the sale at retail of a broad range of
classes of items.
``(C) Special rules for food, etc.--In the case of
items of food, clothing, medical supplies, and motor
vehicles--
``(i) the fact that the tax does not apply
with respect to some or all of such items shall
not be taken into account in determining
whether the tax applies with respect to a broad
range of classes of items, and
``(ii) the fact that the rate of tax
applicable with respect to some or all of such
items is lower than the general rate of tax
shall not be taken into account in determining
whether the tax is imposed at one rate.
``(D) Items taxed at different rates.--Except in
the case of a lower rate of tax applicable with respect
to an item described in subparagraph (C), no deduction
shall be allowed under this paragraph for any general
sales tax imposed with respect to an item at a rate
other than the general rate of tax.
``(E) Compensating use taxes.--A compensating use
tax with respect to an item shall be treated as a
general sales tax. For purposes of the preceding
sentence, the term `compensating use tax' means, with
respect to any item, a tax which--
``(i) is imposed on the use, storage, or
consumption of such item, and
``(ii) is complementary to a general sales
tax, but only if a deduction is allowable under
this paragraph with respect to items sold at
retail in the taxing jurisdiction which are
similar to such item.
``(F) Special rule for motor vehicles.--In the case
of motor vehicles, if the rate of tax exceeds the
general rate, such excess shall be disregarded and the
general rate shall be treated as the rate of tax.
``(G) Separately stated general sales taxes.--If
the amount of any general sales tax is separately
stated, then, to the extent that the amount so stated
is paid by the consumer (other than in connection with
the consumer's trade or business) to the seller, such
amount shall be treated as a tax imposed on, and paid
by, such consumer.
``(H) Amount of deduction to be determined under
tables.--
``(i) In general.--The amount of the
deduction allowed under this paragraph shall be
determined under tables prescribed by the
Secretary.
``(ii) Requirements for tables.--The tables
prescribed under clause (i)--
``(I) shall reflect the provisions
of this paragraph,
``(II) shall be based on the
average consumption by taxpayers on a
State-by-State basis, as determined by
the Secretary, taking into account
filing status, number of dependents,
adjusted gross income, and rates of
State and local general sales taxation,
and
``(III) need only be determined
with respect to adjusted gross incomes
up to the applicable amount (as
determined under section 68(b)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act. | Sales Tax Equitability Act of 2003 - Amends the Internal Revenue Code to permit the deduction of State and local sales taxes by residents of States which do not impose income taxes. |
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 ``Restricting Indian Gaming to
Homelands of Tribes Act of 2006''.
SEC. 2. RESTRICTION ON OFF-RESERVATION GAMING.
Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is
amended--
(1) by amending subsection (b)(1) to read as follows:
``(b)(1) Subsection (a) will not apply when lands are taken in
trust for the benefit of an Indian tribe that is newly recognized,
restored, or landless after the date of the enactment of subsection
(f), including those newly recognized under the Federal Acknowledgment
Process at the Bureau of Indian Affairs, and the following criteria are
met:
``(A) The Secretary determines that such lands are within
the State of such tribe and are within the primary geographic,
social, historical, and temporal nexus of the Indian tribe.
``(B) The Secretary determines that the proposed gaming
activity would not be detrimental to the surrounding community
and nearby Indian tribes.
``(C) Concurrence by the Governor in conformance with laws
of that State.
``(D) Mitigation by the Indian tribe in accordance with
this subparagraph. For the purposes of the Indian tribe
mitigating the direct impact on the county or parish
infrastructure and services, the Indian tribe shall negotiate
and sign, to the extent practicable during the compact
negotiations described in section 11(d)(3), a memorandum of
understanding with the county or parish government. Such
mitigation requirements shall be limited to the direct effects
of the tribal gaming activities on the affected county or
parish infrastructure and services. If a memorandum of
understanding is not signed within one year after the Indian
tribe or county or parish has notified the other party and the
Secretary, by certified mail, a request to initiate
negotiations, then the Secretary shall appoint an arbitrator
who shall establish mitigation requirements of the Indian
tribe.''; and
(2) by adding at the end the following new subsections:
``(e)(1) In order to consolidate class II gaming and class III
gaming development, an Indian tribe may host one or more other Indian
tribes to participate in or benefit from gaming conducted under this
Act and in conformance with a Tribal-State compact entered into by each
invited Indian tribe and the State under this Act upon any portion of
Indian land that was, as of October 17, 1988, located within the
boundaries of the reservation of the host Indian tribe, so long as each
invited Indian tribe has no ownership interest in any other gaming
facility on any other Indian lands and has its primary geographic,
social, historical, and temporal nexus to land in the State in which
the Indian land of the host Indian tribe is located.
``(2) An Indian tribe invited to conduct class II gaming or class
III gaming under paragraph (1) may do so under authority of a lease
with the host Indian tribe. Such a lease shall be lawful without the
review or approval of the Secretary and shall be deemed by the
Secretary to be sufficient evidence of the existence of Indian land of
the invited Indian tribe for purposes of Secretarial approval of a
Tribal-State compact under this Act.
``(3) Notwithstanding any other provision of law, the Indian tribes
identified in paragraph (1) may establish the terms and conditions of
their lease and other agreements between them in their sole discretion,
except that in no case may the total payments to the host Indian tribe
under the lease and other agreements exceed 40 percent of the net
revenues (defined for such purposes as the revenue available to the 2
Indian tribes after deduction of costs of operating and financing the
gaming facility developed on the leased land and of fees due to be paid
under the Tribal-State compact) of the gaming activity conducted by the
invited Indian tribe.
``(4) An invited Indian tribe under this subsection shall be deemed
by the Secretary and the Commission to have the sole proprietary
interest and responsibility for the conduct of any gaming on lands
leased from a host Indian tribe.
``(5) Conduct of gaming by an invited Indian tribe on lands leased
from a host Indian tribe under this subsection shall be deemed by the
Secretary and the Commission to be conducted under the Act upon Indian
lands--
``(A) of the invited Indian tribe;
``(B) within the jurisdiction of the invited Indian tribe;
and
``(C) over which the invited Indian tribe has and exercises
governmental power.
``(6) Notwithstanding the foregoing, the gaming arrangement
authorized by this subsection shall not be conducted on any Indian
lands within the State of Arizona.
``(7) Any gaming authorized by this subsection shall not be
conducted unless it is--
``(A) consistent with the Tribal-State compacting laws of
the State in which the gaming activities will be conducted;
``(B) specifically identified as expressly authorized in a
tribal-State compact of the invited Indian tribe approved by an
Act of the legislature of the State in which the gaming will be
conducted; and
``(C) specifically identified as expressly authorized in a
tribal-State compact of the invited Indian tribe approved by
the Governor of the State in which the gaming will be
conducted.
``(8) Host tribe compacts shall not be affected by the amendments
made by this subsection.
``(f) An Indian tribe shall not conduct gaming regulated by this
Act on Indian lands outside of the State in which the Indian tribe is
primarily residing and exercising tribal government authority on the
date of the enactment of this subsection, unless such Indian lands are
contiguous to the lands in the State where the tribe is primarily
residing and exercising tribal government authority.''.
SEC. 3. STATUTORY CONSTRUCTION.
(a) In General.--The amendment made by paragraph (1) of section 2
shall be applied prospectively. Compacts or other agreements that
govern gaming regulated by the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.) on Indian lands that were in effect on the date of the
enactment of this Act shall not be affected by the amendments made by
paragraph (1) of section 2.
(b) Exception.--The amendments made by section 2 shall not apply to
any lands for which an Indian tribe, prior to March 7, 2006, has
submitted to the Secretary or Chairman a fee-to-trust application or
written request requiring an eligibility determination pursuant to
section 20(b)(1)(A) or clause (ii) or (iii) of section 20(b)(1)(B) of
the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(A),
2719(b)(1)(B)(ii), and 2719(b)(1)(B)(iii), respectively); provided that
such lands are located within--
(1) the State where the Indian tribe primarily resides; and
(2) an area where the Indian Tribe has a primary
geographical, historical, and temporal nexus.
(c) Further Exception.--The amendments made by section 2 shall not
affect the right of any Indian Tribe to conduct gaming on Indian lands
that are eligible for gaming pursuant to section 20 of the Indian
Gaming Regulatory Act (25 U.S.C. 2719), as determined by the National
Indian Gaming Commission, Secretary of the Interior or a Federal court
prior to the date of the enactment of this Act.
SEC. 4. REGULATIONS REQUIRED.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Interior shall promulgate regulations to
implement section 20 of the Indian Gaming Regulatory Act (25 U.S.C.
2719). The regulations shall require tribal applicants for any of the
exceptions listed in section 20 of the Indian Gaming Regulatory Act to
have an aboriginal or analogous historic connection to the lands upon
which gaming activities are conducted under the Indian Gaming
Regulatory Act. | Restricting Indian Gaming to Homelands of Tribes Act of 2006 - Amends the Indian Gaming Regulatory Act to revise requirements for gaming on lands taken in trust for the benefit of a newly recognized, restored, or landless Indian tribe.
Allows one Indian tribe to host another, invited tribe to participate in or benefit from consolidated class II and class III gaming within the boundaries of the host tribe's reservation.
Requires the Indian tribe, in order to mitigate the direct impact of gaming activities on the affected county or parish infrastructure and services, to negotiate and sign, during negotiations for a tribal-state gaming compact, a memorandum of understanding concerning mitigation with the county or parish government. Requires the Secretary to appoint an arbitrator to establish mitigation requirements if such a memorandum is not signed within one year after a request to initiate negotiations has been made.
Provides that any gaming authorized by this Act shall not be conducted unless it is: (1) consistent with the tribal-state compacting laws of the state in which the gaming activities will be conducted; and (2) specifically identified as expressly authorized in a tribal-state compact of the invited Indian tribe approved by an Act of the legislature and the Governor of the state in which the gaming will be conducted.
States that host tribe compacts shall not be affected by the amendments made by this Act.
Prohibits an Indian tribe from conducting regulated gaming on Indian lands outside the state in which the Indian tribe is primarily residing and exercising tribal government authority upon the enactment of this Act, unless such lands are contiguous to those in the state where the tribe is primarily residing and exercising such authority.
Declares that the gaming arrangement authorized by this Act shall not be conducted on any Indian lands within the state of Arizona. |
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 ``Office of Government Ethics
Authorization Act of 1994''.
SEC. 2. GIFT ACCEPTANCE AUTHORITY.
Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.
5) is amended by--
(1) inserting ``(a)'' before ``Upon the request''; and
(2) adding at the end thereof the following:
``(b)(1) The Director is authorized to accept and utilize on behalf
of the United States, any gift, donation, bequest, or devise of money,
use of facilities, personal property, or services for the purpose of
aiding or facilitating the work of the Office of Government Ethics.
``(2) No gift may be accepted--
``(A) that attaches conditions inconsistent with applicable
laws or regulations; or
``(B) that is conditioned upon or will require the
expenditure of appropriated funds that are not available to the
Office of Government Ethics.
``(3) The Director shall establish written rules setting forth the
criteria to be used in determining whether the acceptance of
contributions of money, services, use of facilities, or personal
property under this subsection would reflect unfavorably upon the
ability of the Office of Government Ethics or any employee to carry out
its responsibilities or official duties in a fair and objective manner,
or would compromise the integrity or the appearance of the integrity of
its programs or any official involved in those programs.''.
SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
The text of section 405 of the Ethics in Government Act of 1978 (5
U.S.C. App. 5) is amended to read as follows: ``There are authorized to
be appropriated to carry out the provisions of this title and for no
other purpose, not to exceed $14,000,000 for fiscal year 1995 and for
each of the next 7 fiscal years thereafter.''.
SEC. 4. ASSISTANCE FROM OTHER AGENCIES.
Section 403(a) of the Ethics in Government Act of 1978 (5 U.S.C.
App. 5), as designated by section 2, is amended--
(1) in paragraph (1) by striking ``under this Act; and''
and inserting ``of the Office of Government Ethics; and''; and
(2) in paragraph (2) by striking ``duties.'' and inserting
``duties under this Act or any other Act.''.
SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.
Section 207(j) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(7) Political parties and campaign committees.--(A)
Except as provided in subparagraph (B), the restrictions
contained in subsections (c), (d), and (e) shall not apply to a
communication or appearance made solely on behalf of a
candidate in his or her capacity as a candidate, an authorized
committee, a national committee, a national Federal campaign
committee, a State committee, or a political party.
``(B) Subparagraph (A) shall not apply to--
``(i) any communication to, or appearance before,
the Federal Election Commission by a former officer or
employee of the Federal Election Commission; or
``(ii) a communication or appearance made by a
person who is subject to the restrictions contained in
subsections (c), (d), or (e) if, at the time of the
communication or appearance, the person is employed by
a person or entity other than--
``(I) a candidate, an authorized committee,
a national committee, a national Federal
campaign committee, a State committee, or a
political party; or
``(II) a person or entity who represents,
aids, or advises only persons or entities
described in subclause (I).
``(C) For purposes of this paragraph--
``(i) the term `candidate' means any person who
seeks nomination for election, or election, to Federal
or State office or who has authorized others to explore
on his or her behalf the possibility of seeking
nomination for election, or election, to Federal or
State office;
``(ii) the term `authorized committee' means any
political committee designated in writing by a
candidate as authorized to receive contributions or
make expenditures to promote the nomination for
election, or the election, of such candidate, or to
explore the possibility of seeking nomination for
election, or the election, of such candidate, except
that a political committee that receives contributions
or makes expenditures to promote more than 1 candidate
may not be designated as an authorized committee for
purposes of subparagraph (A);
``(iii) the term `national committee' means the
organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-day
operation of such political party at the national
level;
``(iv) the term `national Federal campaign
committee' means an organization that, by virtue of the
bylaws of a political party, is established primarily
for the purpose of providing assistance, at the
national level, to candidates nominated by that party
for election to the office of Senator or Representative
in, or Delegate or Resident Commissioner to, the
Congress;
``(v) the term `State committee' means the
organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-day
operation of such political party at the State level;
``(vi) the term `political party' means an
association, committee, or organization that nominates
a candidate for election to any Federal or State
elected office whose name appears on the election
ballot as the candidate of such association, committee,
or organization; and
``(vii) the term `State' means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.''.
SEC. 6. REPEAL AND CONFORMING AMENDMENTS.
(a) Repeal of Display Requirement.--The Act entitled ``An Act to
provide for the display of the Code of Ethics for Government Service'',
approved July 3, 1980 (Public Law 96-303; 5 U.S.C. 7301 note) is
repealed.
(b) Conforming Amendments.--
(1) FDIA.--Section 12(f)(3) of the Federal Deposit
Insurance Act (12 U.S.C. 1822 (f)(3)) is amended by striking
``, with the concurrence of the Office of Government Ethics,''.
(2) Ethics in government act of 1978.--(A) The heading for
section 401 of the Ethics in Government Act of 1978 is amended
to read as follows:
``establishment; appointment of director''.
(B) Section 408 is amended by striking ``March 31'' and
inserting ``April 30''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on October 1, 1994, except section 5
shall take effect and apply to communications or appearances made on
and after the date of enactment of this Act.
Passed the Senate October 6 (legislative day, September
12), 1994.
Attest:
Secretary. | Office of Government Ethics Authorization Act of 1994 - Amends the Ethics in Government Act of 1978 to: (1) extend the authorization of appropriations for the Office of Government Ethics (OGE); and (2) authorize the OGE Director to accept gifts for OGE use.
Amends the Federal criminal code to revise postemployment restrictions on former Federal officers, employees, and elected officials of the executive and legislative branches, adding exceptions for communications or appearances made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. AUTHORITY FOR ACQUISITION OF AND DEVELOPMENT WITHIN CERTAIN
URBAN RENEWAL PROJECT AREAS.
(a) Definitions.--As used in this section, the term--
(1) ``date of reconveyance'' means the date on which the
disposable real property is reconveyed to the Cambridge
Redevelopment Authority;
(2) ``NTSC'' means the John A. Volpe National
Transportation Systems Center;
(3) ``Authority'' means the Cambridge Redevelopment
Authority of the city of Cambridge, Massachusetts;
(4) ``CRA controls'' means the restrictions, requirements,
and other provisions affecting the use and ownership of
property within the Kendall Square Urban Renewal Project Area
contained--
``(A) in the Urban Renewal Plan;
``(B) the Land Disposition Contract;
``(C) the deed or deeds or transfer of any such
property from the Authority to the United States;
``(D) zoning and building laws of the city of
Cambridge, Massachusetts; and
``(E) any other applicable provisions or agreements
previously approved by the Federal Government;
(5) ``disposable real property'' means certain land and the
building thereon within parcel 1 of the Kendall Square Urban
Renewal Project Area, generally shown as tract 1 on a plan
entitled ``Master Action Plan, Kendall Square Urban Renewal
Project Area, parcel 1, tracts 1, 2 and 2A, September 2000,
scale: 1''=80''', prepared by Fay, Spofford and Thorndike,
Inc., Engineers, Burlington, Massachusetts, presently owned by
the United States subject to CRA controls;
(6) ``tract 1'' means that tract of land containing 5.8
acres and the building thereon shown as tract 1 on the plan
entitled ``Master Action Plan, Kendall Square Urban Renewal
Project Area, parcel 1, tracts 1, 2, and 2A, September 2000,
scale: 1''=80''', prepared by Fay, Spofford and Thorndike,
Inc., Engineers, Burlington, Massachusetts;
(7) ``tract 2 and tract 2A'' means those tracts of land and
the buildings thereon shown as tract 2 and as tract 2A,
containing 8.5 acres of land and the buildings thereon, on a
plan entitled ``Master Action Plan, Kendall Square Urban
Renewal Project Area, parcel 1, tracts 1, 2, and 2A, September
2000, scale: 1''=80''', prepared by Fay, Spofford and
Thorndike, Inc., Engineers, Burlington, Massachusetts;
(8) ``Urban Renewal Plan'' means the Urban Renewal Plan for
the Kendall Square Urban Renewal Project Area dated October
1965, as amended;
(9) ``Land Disposition Contract'' means the Land
Disposition Contract between the Authority and the United
States, dated June 13, 1966, as amended and supplemented; and
(10) ``Moderate-income family'' means a family whose income
does not exceed 80 percent of the median income for the area.
(b) Extensions of Plan and Restrictions.--The provisions of the
Urban Renewal Plan applicable to property in the Kendall Square Urban
Renewal Area conveyed by the Authority to the United States and such
restrictions, agreements, and covenants in the deeds of conveyance of
such property which would otherwise terminate on August 30, 2010, shall
be extended by the Authority until August 30, 2020, as may be required
by Federal or State housing subsidies and changes in permitted uses to
allow public open space, housing, and accessory uses. The appropriate
instruments to effectuate such extensions on behalf of and in the name
of the United States upon receipt from the Authority shall be executed
and delivered.
(c) Reconveyance Required; Conditions and Consequences.--
(1) Reconveyance.--Notwithstanding provisions of any other
law and any provisions of the Land Disposition Contract to the
contrary, the disposable real property shall be reconveyed, not
later than 6 months after the date of enactment of this Act,
from the Government to the Authority, and in consideration
therefore--
(A) the Authority shall prepare and carry out a
master plan for the development and reuse of the
disposable real property that includes the making of
appropriate demolition, alterations, installation of
public improvements, and sale or lease of tract 1 for
the purpose of open space and housing (of which, a
total of 30 percent of the dwelling units shall be for
low- and moderate-income families, who, with respect to
the lease of such units, shall not be required to pay
more than 30 percent of their annual income for the
yearly rental thereof);
(B) the Authority shall, upon the reconveyance of
the disposable real property to it under this
subsection, shall be responsible to make a payment to
the Government, calculated on the basis of the number
of market rate housing units constructed times a factor
of $15,000 per unit, by a nonrecourse note of the
Authority in such principal amount, payable in or
within 5 years from the date of reconveyance, which
note shall be secured by a first mortgage on such
disposable real property and shall provide for partial
release or releases upon payment of reasonably
equitable portions of the outstanding unpaid principal;
and
(C) the Authority shall cooperate with the
Department of Transportation to secure additional
space, if needed, within the Kendall Square Urban
Renewal Project Area for the expansion of the
facilities and functions of the Department.
(2) Provisions of office space, parking and related
facilities.--
(A) Feasibility study.--In order to carry out the
purpose of this Act, the Secretary of Transportation
shall make available $500,000 for the purposes of
undertaking a feasibility study to determine the amount
of new general office space in new buildings on parcel
1 to be used--
(i) by contractors engaged in NTSC work
activities;
(ii) by NTSC for expansion space; and
(iii) for lease to other private firms
seeking space in the Kendall Square area.
(B) Ground lease.--The Secretary is authorized to
enter into a long-term ground lease with the Authority
for the purpose of providing buildable lots to
accommodate office uses the amount of which to be
determined by the feasibility study described in
subparagraph (A) and based on office market conditions
in the locality. Office space, biotechnology office and
manufacturing facilities shall be located on Parcel 1
south of Potter Street and shall involve, exclusively,
entities having development rights in the Kendall
Square Urban Renewal Area. Further, the Secretary shall
grant to the Authority a permanent easement on tract 2
for the construction and operation of an electric
utility station.
(C) Structured parking.--The Secretary shall make
available $12,500,000 for the purpose of providing
structured parking to be used by the NTSC and its
contractors' employees to be constructed in accordance
with the ground lease described in subparagraph
(B). Such structured parking may be incorporated into an office
building structure. In the event that the construction of office
buildings is not feasible, funds shall be used to construct a
multilevel parking deck for employee parking.
(D) Demolition.--The Secretary of Transportation
shall make available to the Authority $3,000,000 for
the purpose of demolishing the existing shipping and
receiving facility (building 6), relocating and
incorporating the existing functions and occupants in
the high-rise building (building 1), and for site
preparation.
(E) Open space and amenities.--The Secretary of
Transportation and the Secretary of Housing and Urban
Development are directed to make available funds to the
Authority in the amount of $2,000,000 for the purpose
of developing approximately 165,000 square feet of open
space for a full-size soccer field and related
amenities and a replacement playground to serve the
NTSC day care program which will be relocated from its
present location. Further, the Secretaries are directed
to identify and make available to the Authority
sufficient housing subsidies to finance not less than
75 dwelling units of housing that qualifies as
affordable housing under the provisions of section 215
of the Home Investment Partnerships Act (42 U.S.C.
12745). If an abutting tract of land is developed for
housing, the Secretary of Housing and Urban Development
shall identify and make available subsidies to finance
not less than an additional 75 units of affordable
housing units.
(F) Pedestrian passageway.--The Secretary of
Transportation shall make available through the Federal
Transit Administration funds to design and construct a
safe pedestrian passageway from the rapid transit
facility (Kendall Square Station) to the NTSC
facilities.
(G) Housing program.--The Secretary of Housing and
Urban Development shall assist the Authority and the
city of Cambridge to implement a program to create
housing on parcel 1 and the existing residential
neighborhoods in East Cambridge and Area 4, north and
west of NTSC, respectively.
(H) Preparation.--The Authority may take such
actions as are appropriate to ensure that it is
prepared to enter into ground leases with the
Government for the purpose of developing office
buildings and a parking structure as described in
subparagraphs (B) and (C) and shall take such actions
as are appropriate to ensure that not later than 1 year
of the date of enactment of this Act, not less than 500
parking spaces on parcel 1 of the Kendall Square Urban
Renewal Project Area are available for use by employees
of the NTSC, its contractors and tenants, and that such
parking is located on parcel 1. The Authority shall
cooperate with any implementing actions taken by the
Department of Transportation to ensure that--
(i) the existing shipping and receiving
facility is demolished; and
(ii) the functions from such facility are
relocated.
(3) Authority to execute instruments.--In making the
reconveyance provided for in paragraph (1), the Government may
execute any instruments, including contracts and deeds
necessary or appropriate to carry out the provisions of this
section.
(4) United states relieved of obligations.--Upon the
reconveyance of the disposable real property to the Authority,
the United States shall be relieved by the Authority of any
obligation to develop the disposable real property under the
Land Disposition Contract.
(d) Effects on Other Rights and Obligations Prohibited.--Nothing in
this section shall affect any of the rights and obligations of any
party, or the responsibilities and authority of the Authority and the
United States applicable to any other portions of the Kendall Square
Urban Renewal Project Area. Nothing in subsection (c) shall limit the
Authority from seeking or obtaining available Federal, State, or local
financial assistance in order to comply with the requirements of
subsection (c). | Extends the provisions of the Urban Renewal Plan and restrictions applicable to property in the Kendall Square Urban Renewal Area conveyed by the Cambridge Redevelopment Authority, Cambridge, Massachusetts, to the United States.Requires: (1) the Government to reconvey to the Authority certain disposable real property within the Area; and (2) the Authority to make a payment to the Government, carry out a housing and open space master plan within such Area, and cooperate with the Department of Transportation to secure additional space to expand Department facilities within the Area. |
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 ``Access to Contract Equity Act''.
SEC. 2. CONTRACT GOALS FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.
(a) Modification of Limitation on Use of Price Adjustments.--
Subparagraph (B) of section 2323(e)(3) of title 10, United States Code,
is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) No suspension shall be issued in an industry
category under this paragraph if the President determines in
writing that contracts for a price exceeding fair market cost
are necessary to remedy demonstrated discrimination in such
industry category. Any such determination shall be published in
the Federal Register for a period of not less than 60 days
before becoming effective. Any person or entity adversely
affected by the application of such designation may seek
judicial review in the appropriate United States district
court.''.
(b) Extension of Section 2323.--Subsection (k) of section 2323 of
such Code is amended by striking out ``2000'' both places it appears
and inserting in lieu thereof ``2005''.
SEC. 3. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.
(a) Program Participation Term.--Subsection (e)(2) of section 831
of the National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2302 note) is amended to read as follows:
``(2) A program participation term for any period of not
more than three years, except that the term may be a period of
up to five years if the Secretary of Defense determines in
writing that unusual circumstances justify a program
participation term in excess of three years.''.
(b) Incentives Authorized for Mentor Firms.--Subsection (g) of such
section is amended--
(1) in paragraph (1), by striking ``shall'' and inserting
``may'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``shall'' and inserting
``may'';
(ii) by striking ``subsection (f)'' and all
that follows through ``(i) as a line item'' and
inserting ``subsection (f) as provided for in a
line item'';
(iii) by striking the semicolon preceding
clause (ii) and inserting ``, except that this
clause does not apply in a case in which the
Secretary of Defense determines in writing that
unusual circumstances justify reimbursement
using a separate contract.''; and
(iv) by striking clauses (ii), (iii), and
(iv); and
(B) by striking subparagraph (B) and inserting the
following:
``(B) The determinations made in annual performance reviews of a
mentor firm's mentor-protege agreement under subsection (l)(2) shall be
a major factor in the determinations of amounts of reimbursement, if
any, that the mentor firm is eligible to receive in the remaining years
of the program participation term under the agreement.
``(C) The total amount reimbursed under this paragraph to a mentor
firm for costs of assistance furnished in a fiscal year to a protege
firm may not exceed $1,000,000, except in a case in which the Secretary
of Defense determines in writing that unusual circumstances justify a
reimbursement of a higher amount.''; and
(3) in paragraph (3)(A), by striking ``either subparagraph
(A) or (C) of paragraph (2) or are reimbursed pursuant to
subparagraph (B) of such paragraph'' and inserting ``paragraph
(2)''.
(c) Five-Year Extension of Authority.--Subsection (j) of such
section is amended to read as follows:
``(j) Expiration of Authority.--(1) No mentor-protege agreement may
be entered into under subsection (e) after September 30, 2004.
``(2) No reimbursement may be paid, and no credit toward the
attainment of a subcontracting goal may be granted, under subsection
(g) for any cost incurred after September 30, 2005.''.
(d) Reports and Reviews.--Subsection (l) of such section is amended
to read as follows:
``(l) Reports and Reviews.--(1) The mentor firm and protege firm
under a mentor-protege agreement shall submit to the Secretary of
Defense an annual report on the progress made by the protege firm in
employment, revenues, and participation in Department of Defense
contracts during the fiscal year covered by the report. The requirement
for submission of an annual report applies with respect to each fiscal
year covered by the program participation term under the agreement and
each of the two fiscal years following the expiration of the program
participation term. The Secretary shall prescribe the timing and form
of the annual report.
``(2)(A) The Secretary shall conduct an annual performance review
of each mentor-protege agreement that provides for reimbursement of
costs. The Secretary shall determine on the basis of the review
whether--
``(i) all costs reimbursed to the mentor firm under the
agreement were reasonably incurred to furnish assistance to the
protege firm in accordance with the requirements of this
section and applicable regulations; and
``(ii) the mentor firm and protege firm accurately reported
progress made by the protege firm in employment, revenues, and
participation in Department of Defense contracts during the
program participation term covered by the mentor-protege
agreement and the two fiscal years following the expiration of
the program participation term.
``(B) The Secretary shall act through the Commander of the Defense
Contract Management Command in carrying out the reviews and making the
determinations under subparagraph (A).
``(3) Not later than 6 months after the end of each of fiscal years
2000 through 2004, the Secretary of Defense shall submit to Congress an
annual report on the mentor-protege program for that fiscal year.
``(2) The annual report for a fiscal year shall include, at a
minimum, the following:
``(A) The number of mentor-protege agreements that were
entered into during the fiscal year.
``(B) The number of mentor-protege agreements that were in
effect during the fiscal year.
``(C) The total amount reimbursed to mentor firms pursuant
to subsection (g) during the fiscal year.
``(D) Each mentor-protege agreement, if any, that was
approved during the fiscal year in accordance with subsection
(e)(2) to provide a program participation term in excess of 3
years, together with the justification for the approval.
``(E) Each reimbursement of a mentor firm in excess of the
limitation in subsection (g)(2)(C) that was made during the
fiscal year pursuant to an approval granted in accordance with
that subsection, together with the justification for the
approval.
``(F) Trends in the progress made in employment, revenues,
and participation in Department of Defense contracts by the
protege firms participating in the program during the fiscal
year and the protege firms that completed or otherwise
terminated participation in the program during the preceding
two fiscal years.''.
(e) Repeal of Limitation on Availability of Funding.--Subsection
(n) of such section is repealed.
(f) Effective Date and Savings Provision.--(1) The amendments made
by this section shall take effect on October 1, 1999, and shall apply
with respect to mentor-protege agreements that are entered into under
section 831(e) of the National Defense Authorization Act for Fiscal
Year 1991 on or after that date.
(2) Section 831 of the National Defense Authorization Act for
Fiscal Year 1991, as in effect on September 30, 1999, shall continue to
apply with respect to mentor-protege agreements entered into before
October 1, 1999. | Access to Contract Equity Act - States that, with respect to a contract goal by the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration for the award of five percent of their procurement contracts to small disadvantaged businesses and certain minority institutions, no suspension of price modifications (allowing an item's contract price to exceed fair market value) shall be issued in an industry category if the President determines that contracts for a price exceeding fair market value are necessary to remedy demonstrated discrimination in such category. Requires such determination to be published in the Federal Register, and allows any person affected by the application of such determination to seek appropriate judicial review.
Amends provisions of the National Defense Authorization Act for Fiscal Year 1991 relating to the Mentor-Protege Pilot Program to: (1) make the program term three years, or five years in unusual circumstances as determined by the Secretary of Defense; (2) authorize (currently, requires) the Secretary to reimburse a mentor firm for the full cost of certain payments and assistance made under the program; (3) allow the Secretary to provide such reimbursement using a separate contract; (4) make determinations made in the annual performance reviews of a mentor firm's agreement a major factor in determining reimbursement amounts; and (5) limit to $1 million per fiscal year the total amount reimbursed for assistance to a protege firm, except when the Secretary determines that unusual circumstances justify reimbursement of a higher amount. |
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 ``Providing Reliable Officers,
Technology, Education, Community Prosecutors, and Training In Our
Neighborhoods Act of 2001'' or ``PROTECTION Act''.
SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY
PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOOD INITIATIVE.
(a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended
by--
(1) inserting ``and prosecutor'' after ``increase police'';
and
(2) inserting ``to enhance law enforcement access to new
technologies, and'' after ``presence,''.
(b) Hiring and Redeployment Grant Projects.--Section 1701(b) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by inserting after ``Nation'' the
following: ``, or pay overtime to existing
career law enforcement officers to the extent
that such overtime is devoted to community
policing efforts''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (C), by--
(i) striking ``or pay overtime''; and
(ii) striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) promote higher education among in-service
State and local law enforcement officers by reimbursing
them for the costs associated with seeking a college or
graduate school education.''; and
(2) in paragraph (2) by striking all that follows ``Support
Systems.--'' and inserting ``Grants pursuant to--
``(A) paragraph (1)(B) for overtime may not exceed
25 percent of the funds available for grants pursuant
to this subsection for any fiscal year;
``(B) paragraph (1)(C) may not exceed 20 percent of
the funds available for grants pursuant to this
subsection in any fiscal year; and
``(C) paragraph (1)(D) may not exceed 5 percent of
the funds available for grants pursuant to this
subsection for any fiscal year.''.
(c) Additional Grant Projects.--Section 1701(d) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(d)) is amended--
(1) in paragraph (2)--
(A) by inserting ``integrity and ethics'' after
``specialized''; and
(B) by inserting ``and'' after ``enforcement
officers'';
(2) in paragraph (7) by inserting ``school officials,
religiously-affiliated organizations,'' after ``enforcement
officers'';
(3) by striking paragraph (8) and inserting the following:
``(8) establish school-based partnerships between local law
enforcement agencies and local school systems, by using school
resource officers who operate in and around elementary and
secondary schools to serve as a law enforcement liaison with
other Federal, State, and local law enforcement and regulatory
agencies, combat school-related crime and disorder problems,
gang membership and criminal activity, firearms and explosives-
related incidents, illegal use and possession of alcohol, and
the illegal possession, use, and distribution of drugs;'';
(4) in paragraph (10) by striking ``and'' at the end;
(5) in paragraph (11) by striking the period that appears
at the end and inserting ``; and''; and
(6) by adding at the end the following:
``(12) develop and implement innovative programs (such as
the TRIAD program) that bring together a community's sheriff,
chief of police, and elderly residents to address the public
safety concerns of older citizens.''.
(d) Technical Assistance.--Section 1701(f) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(f)) is amended--
(1) in paragraph (1)--
(A) by inserting ``use up to 5 percent of the funds
appropriated under subsection (a) to'' after ``The
Attorney General may'';
(B) by inserting at the end the following: ``In
addition, the Attorney General may use up to 5 percent
of the funds appropriated under subsections (d), (e),
and (f) for technical assistance and training to
States, units of local government, Indian tribal
governments, and to other public and private entities
for those respective purposes.'';
(2) in paragraph (2) by inserting ``under subsection (a)''
after ``the Attorney General''; and
(3) in paragraph (3)--
(A) by striking ``the Attorney General may'' and
inserting ``the Attorney General shall'';
(B) by inserting ``regional community policing
institutes'' after ``operation of''; and
(C) by inserting ``representatives of police labor
and management organizations, community residents,''
after ``supervisors,''.
(e) Technology and Prosecution Programs.--Section 1701 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd) is amended by--
(1) striking subsection (k);
(2) redesignating subsections (f) through (j) as
subsections (g) through (k); and
(3) striking subsection (e) and inserting the following:
``(e) Law Enforcement Technology Program.--Grants made under
subsection (a) may be used to assist police departments, in employing
professional, scientific, and technological advancements that will help
them--
``(1) improve police communications through the use of
wireless communications, computers, software, videocams,
databases and other hardware and software that allow law
enforcement agencies to communicate more effectively across
jurisdictional boundaries and effectuate interoperability;
``(2) develop and improve access to crime solving
technologies, including DNA analysis, photo enhancement, voice
recognition, and other forensic capabilities; and
``(3) promote comprehensive crime analysis by utilizing new
techniques and technologies, such as crime mapping, that allow
law enforcement agencies to use real-time crime and arrest data
and other related information--including non-criminal justice
data--to improve their ability to analyze, predict, and respond
pro-actively to local crime and disorder problems, as well as
to engage in regional crime analysis.
``(f) Community-Based Prosecution Program.--Grants made under
subsection (a) may be used to assist State, local or tribal
prosecutors' offices in the implementation of community-based
prosecution programs that build on local community policing efforts.
Funds made available under this subsection may be used to--
``(1) hire additional prosecutors who will be assigned to
community prosecution programs, including programs that assign
prosecutors to handle cases from specific geographic areas, to
address specific violent crime and other local crime problems
(including intensive illegal gang, gun and drug enforcement
projects and quality of life initiatives), and to address
localized violent and other crime problems based on needs
identified by local law enforcement agencies, community
organizations, and others;
``(2) redeploy existing prosecutors to community
prosecution programs as described in paragraph (1) of this
section by hiring victim and witness coordinators, paralegals,
community outreach, and other such personnel; and
``(3) establish programs to assist local prosecutors'
offices in the implementation of programs that help them
identify and respond to priority crime problems in a community
with specifically tailored solutions.
At least 75 percent of the funds made available under this subsection
shall be reserved for grants under paragraphs (1) and (2) and of those
amounts no more than 10 percent may be used for grants under paragraph
(2) and at least 25 percent of the funds shall be reserved for grants
under paragraphs (1) and (2) to units of local government with a
population of less than 50,000.''.
(f) Retention Grants.--Section 1703 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by
inserting at the end the following:
``(d) Retention Grants.--The Attorney General may use no more than
50 percent of the funds under subsection (a) to award grants targeted
specifically for retention of police officers to grantees in good
standing, with preference to those that demonstrate financial hardship
or severe budget constraint that impacts the entire local budget and
may result in the termination of employment for police officers funded
under subsection (b)(1).''.
(g) Definitions.--
(1) Career law enforcement officer.--Section 1709(1) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd-8) is amended by inserting after
``criminal laws'' the following: ``including sheriffs deputies
charged with supervising offenders who are released into the
community but also engaged in local community policing
efforts.''.
(2) School resource officer.--Section 1709(4) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd-8) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) to serve as a law enforcement liaison with
other Federal, State, and local law enforcement and
regulatory agencies, to address and document crime and
disorder problems including gangs and drug activities,
firearms and explosives-related incidents, and the
illegal use and possession of alcohol affecting or
occurring in or around an elementary or secondary
school;'';
(B) by striking subparagraph (E) and inserting the
following:
``(E) to train students in conflict resolution,
restorative justice, and crime awareness, and to
provide assistance to and coordinate with other
officers, mental health professionals, and youth
counselors who are responsible for the implementation
of prevention/intervention programs within the
schools;''; and
(C) by adding at the end the following:
``(H) to work with school administrators, members
of the local parent teacher associations, community
organizers, law enforcement, fire departments, and
emergency medical personnel in the creation, review,
and implementation of a school violence prevention
plan;
``(I) to assist in documenting the full description
of all firearms found or taken into custody on school
property and to initiate a firearms trace and
ballistics examination for each firearm with the local
office of the Bureau of Alcohol, Tobacco, and Firearms;
``(J) to document the full description of all
explosives or explosive devices found or taken into
custody on school property and report to the local
office of the Bureau of Alcohol, Tobacco, and Firearms;
and
``(K) to assist school administrators with the
preparation of the Department of Education, Annual
Report on State Implementation of the Gun-Free Schools
Act which tracks the number of students expelled per
year for bringing a weapon, firearm, or explosive to
school.''.
(h) Authorization of Appropriations.--Section 1001(a)(11) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) There are authorized to be appropriated to
carry out part Q, to remain available until expended--
``(i) $1,150,000,000 for fiscal year 2002;
``(ii) $1,150,000,000 for fiscal year 2003;
``(iii) $1,150,000,000 for fiscal year
2004;
``(iv) $1,150,000,000 for fiscal year 2005;
``(v) $1,150,000,000 for fiscal year 2006;
and
``(vi) $1,150,000,000 for fiscal year
2007.''; and
(2) in subparagraph (B)--
(A) by striking ``3 percent'' and inserting ``5
percent'';
(B) by striking ``1701(f)'' and inserting
``1701(g)'';
(C) by striking the second sentence and inserting
``Of the remaining funds, if there is a demand for 50
percent of appropriated hiring funds, as determined by
eligible hiring applications from law enforcement
agencies having jurisdiction over areas with
populations exceeding 150,000, no less than 50 percent
shall be allocated for grants pursuant to applications
submitted by units of local government or law
enforcement agencies having jurisdiction over areas
with populations exceeding 150,000 or by public and
private entities that serve areas with populations
exceeding 150,000, and no less than 50 percent shall be
allocated for grants pursuant to applications submitted
by units of local government or law enforcement
agencies having jurisdiction over areas with
populations less than 150,000 or by public and private
entities that serve areas with populations less than
150,000.'';
(D) by striking ``85 percent'' and inserting
``$600,000,000''; and
(E) by striking ``1701(b),'' and all that follows
through ``of part Q'' and inserting the following:
``1701 (b) and (c), $350,000,000 to grants for the
purposes specified in section 1701(e), and $200,000,000
to grants for the purposes specified in section
1701(f).''. | Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 2001 or PROTECTION Act - Modifies provisions of the Omnibus Crime Control and Safe Streets Act of 1968 regarding public safety and community policing ("cops on the beat" program, COPS) to authorize the Attorney General to use funding under COPS grants to: (1) increase prosecutor presence and to enhance law enforcement access to new technologies; (2) pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community policing efforts; and (3) promote higher education among in-service State and local law enforcement officers by reimbursing them for the costs associated with seeking a college or graduate school education.Includes among permitted additional grant projects: (1) specialized integrity and ethics training; and (2) innovative proactive crime control and prevention programs involving school officials and religiously-affiliated organizations.Authorizes the Attorney General to use up to five percent of appropriated funds for technical assistance and training to States, local governments, Indian tribal governments, and other public and private entities.Repeals provisions of the Act regarding termination of grants for hiring officers.Allows grants to be used to assist: (1) police departments in employing specified professional, scientific, and technological advancements; and (2) State, local, or tribal prosecutors' offices in implementation of community-based prosecution programs that build on local community policing efforts. Reserves specified funds for units of local government with a population of less than 50,000.Authorizes the Attorney General to use no more than 50 percent of grant renewal funds to award grants targeted specifically for retention of police officers. |
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 ``Electric Transportation Advancement
Act of 2009''.
SEC. 2. PURPOSES.
The purposes of this Act are to enhance the energy security of the
United States, reduce dependence on imported oil, improve the energy
efficiency of the transportation sector, and reduce emissions through
the expansion of grid supported transportation, through programs to--
(1) develop, with industry, research institutions, National
Laboratories, and institutions of higher education, projects to
foster--
(A) the commercialization of plug-in electric drive
vehicle technology for various sizes and applications
of vehicles; and
(B) growth in employment in the United States in
electric drive design and manufacturing of components
and vehicles; and
(2) optimize the availability of the existing electric
infrastructure for use in fueling light duty transportation and
other on-road and nonroad vehicles to minimize the use of
vehicles and equipment that use petroleum.
SEC. 3. NEAR-TERM ELECTRIC TRANSPORTATION.
(a) In General.--Paragraph (1) of subsection (c) of section 131 of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17011(c)(1)) is amended--
(1) by striking ``Act'' and inserting ``paragraph'';
(2) by striking ``establish a program to provide grants''
and inserting ``establish or maintain a competitive grant and
revolving loan program to provide grants and make loans''; and
(3) by adding the following new subparagraphs at the end
thereof:
``(A) Grant and loan selection.--The Secretary
shall select grant and loan recipients based on the
overall cost-effectiveness of a proposed qualified
electric transportation project in reducing emissions
of criteria pollutants, emissions of greenhouse gases,
and petroleum usage.
``(B) Revolving loans.--
``(i) Criteria.--The Secretary shall
establish criteria for the provision of loans
under this subsection.
``(ii) Funding.--Of amounts made available
to carry out this subsection, the Secretary
shall use amounts not used to provide grants to
make loans under this subsection.''.
(b) Priority.--Paragraph (2) of subsection (c) of section 131 of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17011(c)(2)) is amended by striking ``grants under'' and inserting
``grants and loans under''.
SEC. 4. ELECTRIC TRANSPORTATION INVENTORY.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011) is amended by adding at the end the following new
subsection:
``(e) Market Assessment Program.--The Secretary, in consultation
with the Administrator and private industry, shall carry out a
program--
``(1) to inventory and analyze existing electric
transportation technologies and hybrid transportation
technologies and markets; and
``(2) to identify and implement methods of promoting
existing and emerging applications of electric transportation
technologies and hybrid transportation technologies.''.
SEC. 5. ELECTRICITY USAGE PROGRAM AND CERTIFICATION.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011), as amended by section 4 of this Act, is further amended
by adding at the end the following new subsections:
``(f) Electricity Usage Program.--
``(1) In general.--The Secretary, in consultation with the
Administrator and private industry, shall carry out a program--
``(A) to work with utilities to develop low-cost,
simple methods of--
``(i) using off-peak electricity; or
``(ii) managing on-peak electricity use;
``(B) to develop systems and processes--
``(i) to enable plug-in electric drive
vehicles to enhance the availability of
emergency back-up power for consumers; and
``(ii) to work with utilities and other
interested stakeholders to study and
demonstrate the implications of the
introduction of plug-in electric drive vehicles
and other types of electric transportation
technology on the production of electricity
from renewable resources; and
``(C) to study and demonstrate the potential value
to the electric grid to use the energy stored in on-
board storage systems of plug-in electric drive
vehicles to improve the efficiency and reliability of
the grid generation system.
``(g) Plug-in Hybrid Electric Vehicle and Electric Transportation
Technology Certification.--
``(1) In general.--For the purpose of enabling the
introduction of plug-in hybrid electric drive vehicles and
electric transportation technology into commercial use, the
Administrator shall develop, in consultation with industry, the
Secretary, and the National Laboratories, a program to
certify--
``(A) the emissions of criteria pollutants, fuel
economy, and petroleum usage of plug-in hybrid electric
drive vehicles; and
``(B) the emissions reductions, fuel economy
improvements, and petroleum usage reductions from other
forms of electric transportation technology.
``(2) Certification.--The certifications made pursuant to
paragraph (1) shall include consideration of--
``(A) the entire vehicle propulsion system, not
just the engine;
``(B) nightly off-board charging; and
``(C) different engine turn-on control strategies.
``(3) Task force.--Not later than 6 months after the date
of enactment of this subsection, the Administrator shall
establish a task force representing auto manufacturers, truck
manufacturers, National Laboratories, public agencies,
utilities, and other interested stakeholders to recommend
certification protocols for certifying--
``(A) the emissions, fuel economy, and petroleum
usage of a wide variety of plug-in hybrid electric
drive vehicles; and
``(B) the emissions reductions, fuel economy
improvements, and petroleum usage reductions from other
forms of electric transportation technology.
``(4) Public comment.--Not later than 2 years after the
date of enactment of this subsection, the Administrator shall
publish the certification protocols recommended pursuant to
paragraph (3) for public comment.
``(5) Final protocols.--Not later than 3 years after the
date of enactment of this subsection, the Administrator shall
adopt and publish final certification protocols for
certifying--
``(A) the emissions, fuel economy, and petroleum
usage of a wide variety of plug-in hybrid electric
drive vehicles; and
``(B) the emissions reductions, fuel economy
improvements, and petroleum usage reductions from other
forms of electric transportation technology.
``(6) Evaluation and modification of electric
transportation technology protocols.--
``(A) Evaluation.--Not later than 2 years after the
adoption of the certification protocols pursuant to
paragraph (5), and every 2 years thereafter, the
Administrator, in consultation with the Secretary,
appropriate Federal agencies, and interested
stakeholders shall evaluate and modify, as necessary,
such certification protocols to ensure that--
``(i) for plug-in hybrid electric drive
vehicles, such protocols accurately measure
emissions, fuel economy, and petroleum usage of
such vehicles; and
``(ii) for other forms of electric
transportation technology, such protocols
accurately measure emissions reductions, fuel
economy improvements, and petroleum usage
reductions from such technology.
``(B) Modification.--The Administrator shall modify
such certification protocols for such plug-in hybrid
electric drive vehicles and electric transportation
technologies to realize the full potential of the
benefits of such vehicles and technologies, in terms of
reduction of emissions of criteria pollutants,
reduction of energy use, and reduction of petroleum
use. In modifying such certification protocols, the
Administrator shall consider--
``(i) the entire vehicle propulsion system,
not just the engine;
``(ii) nightly off-board charging, as
applicable; and
``(iii) different engine turn-on control
strategies.
``(7) Plug-in hybrid electric drive vehicle.--For purposes
of this subsection, the term `plug-in hybrid electric drive
vehicle' means a light-duty, medium-duty, or heavy-duty on-road
or nonroad vehicle that is propelled by any combination of--
``(A) an electric motor and on-board, rechargeable
energy storage system capable of operating the vehicle
in intermittent or continuous all-electric mode and
that is rechargeable using an off-board source of
electricity; and
``(B) an internal combustion engine or heat engine
using any combustible fuel.''.
SEC. 6. CITY CARS.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011), as amended by sections 4 and 5 of this Act, is further
amended by adding at the end the following new subsection:
``(h) City Cars.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary of Transportation
in consultation with the Secretary, appropriate Federal
agencies, and interested stakeholders in the public, private,
and non-profit sectors, shall study, and submit a report to
Congress on the benefits, including the petroleum savings of,
and barriers to, the widespread deployment of a potential new
class of vehicles known as City Cars with performance
capability that exceeds that of low speed vehicles but is less
than that of passenger vehicles, and that may be battery
electric, fuel cell electric, or plug-in hybrid electric drive
vehicles. Such study shall examine, and such report shall
recommend, appropriate safety requirements for such vehicles
based on patterns of usage. Such study shall examine the
benefits and issues associated with limiting City Cars to a
maximum speed of 35 mph, 45 mph, 55 mph, or any other maximum
speed, and such report shall make a recommendation regarding
the maximum speed of such City Cars.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.''.
SEC. 7. TRANSITION TO FUEL NEUTRAL EPA REGULATIONS.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011), as amended by sections 4, 5, and 6 of this Act, is
further amended by adding at the end the following new subsection:
``(i) Transition to Fuel and Technology Neutral Regulations.--
``(1) Findings.--The Congress finds the following:
``(A) In light of advances in automotive engine
technologies since the passage of the Clean Air Act (42
U.S.C. 7401 et seq.), it is necessary to modify the
control of mobile source emissions pursuant to such Act
to establish fuel and technology neutral mobile source
emissions control programs.
``(B) Replacement of current emissions control
requirements with a new fuel and technology neutral
program that encourages use of the most fuel efficient
and environmentally benign vehicles could include all
vehicle technologies, including vehicles with spark-
ignited engines, compression-ignited engines, and other
engine types, dual fueled vehicles, flexible fuel
vehicles, fuel cell electric vehicles, battery electric
vehicles, plug-in hybrid electric vehicles, corded
electric vehicle equipment, and other electric
propulsion technologies.
``(2) Reports.--
``(A) Not later than 1 year after the date of
enactment of this subsection, the Administrator shall
submit a report to Congress describing all of the fuel
definitions and technology definitions specific to
vehicles in Federal law and regulation and recommend
how such definitions may be changed to be fuel and
technology neutral.
``(B) Not later than 18 months after the date of
enactment of this subsection, the Administrator shall
submit a report to Congress describing how petroleum
reductions, emissions reductions, and reductions in
full fuel cycle criteria pollutants may be incorporated
into the fuel and technology neutral emissions
reduction program required under paragraph (3),
including any changes needed to existing law to achieve
the purposes of the Electric Transportation Advancement
Act of 2009.
``(3) Rulemaking.--Not later than 2 years after the
submission of the report required under paragraph (2)(B), the
Administrator shall adopt final rules to implement a fuel and
technology neutral program to reduce tailpipe and evaporative
emissions of criteria pollutants from mobile sources. Such
program shall take effect not later than 10 years after the
date of enactment of this subsection.
``(4) Fuel and technology neutral mobile source emission
control program.--In this subsection, the term `fuel and
technology neutral mobile source emissions control program'
means a fuel and technology neutral program described under
paragraph (1)(B) that contains emissions controls for criteria
pollutants from mobile sources and a credit-based compliance
mechanism for manufacturers of mobile source technologies that
is at least as protective of public health as the previous
applicable emissions control program.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.''.
SEC. 8. RESEARCH AND DEVELOPMENT DIVERSIFICATION.
Subsection (m) of section 641 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17231(m)) is amended by adding at the
end the following new sentence: ``Of amounts made available to carry
out the programs established under subsections (i), (j), and (k), not
more than 30 percent shall be awarded to the National Laboratories.''. | Electric Transportation Advancement Act of 2009 - Amends the Energy Independence and Security Act of 2007 to direct the Secretary of Energy to make loans as well as (under current law) grants for qualified electric transportation projects, especially near-term projects.
Directs the Secretary to inventory existing electric transportation technologies and hybrid transportation technologies and markets and implement methods of promoting them.
Directs the Secretary to: (1) work with utilities to develop low-cost, simple methods of using off-peak electricity or managing on-peak electricity use; (2) develop systems to enable plug-in electric drive vehicles to enhance the availability of emergency back-up power for consumers and work with utilities to study and demonstrate the implications of the introduction of plug-in electric drive vehicles and other types of electric transportation technology on electrical production from renewable resources; and (3) study and demonstrate the potential value to the electric grid of using energy stored in on-board storage systems of plug-in electric drive vehicles.
Directs the Administrator of the Environmental Protection Agency (EPA) to develop a program to certify: (1) emissions of criteria pollutants, fuel economy, and petroleum usage of plug-in hybrid electric drive vehicles; and (2) emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology.
Requires the EPA Administrator to establish a task force to recommend certification protocols.
Directs the Secretary of Transportation to study and report to Congress on the benefits of and barriers to the widespread deployment of City Cars with performance capability that exceeds that of low-speed vehicles but is less than that of passenger vehicles, and that may be battery electric, fuel cell electric, or plug-in hybrid electric drive vehicles.
Directs the EPA Administrator to: (1) recommend to Congress how vehicle fuel definitions may be changed to be fuel and technology neutral; and (2) report to Congress on how petroleum, emissions, and pollutant reductions may be incorporated into the fuel and technology neutral emissions reduction program.
Limits the amount of certain electric vehicle energy storage research and development funding available to the National Laboratories. |
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 ``Humane Enforcement and Legal
Protections for Separated Children Act'' or the ``HELP Separated
Children Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Apprehension.--The term ``apprehension'' means the
detention, arrest, or custody by officials of the Department or
cooperating entities.
(2) Child.--Except as otherwise specifically provided, the
term ``child'' has the meaning given to the term in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)).
(3) Child welfare agency.--The term ``child welfare
agency'' means the State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting under agreement with the
Secretary.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used to hold
individuals suspected or found to be in violation of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(7) Immigration enforcement action.--The term ``immigration
enforcement action'' means the apprehension of, detention of,
or request for or issuance of a detainer for, 1 or more
individuals for suspected or confirmed violations of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the
Secretary or a cooperating entity.
(8) Local educational agency.--The term ``local educational
agency'' has the meaning given to the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(9) NGO.--The term ``NGO'' means a nongovernmental
organization that provides social services or humanitarian
assistance to the immigrant community.
(10) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of the Department.
SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES.
(a) Notification.--
(1) Advance notification.--Subject to paragraph (2), when
conducting any immigration enforcement action, the Secretary
and cooperating entities shall notify the Governor of the
State, the local child welfare agency, and relevant State and
local law enforcement before commencing the action, or, if
advance notification is not possible, immediately after
commencing such action, of--
(A) the approximate number of individuals to be
targeted in the immigration enforcement action; and
(B) the primary language or languages believed to
be spoken by individuals at the targeted site.
(2) Hours of notification.--To the extent possible, the
advance notification required by paragraph (1) should occur
during business hours and allow the notified entities
sufficient time to identify resources to conduct the interviews
described in subsection (b)(1).
(3) Other notification.--When conducting any immigration
action, the Secretary and cooperating entities shall notify the
relevant local educational agency and local NGOs of the
information described in paragraph (1) immediately after
commencing the action.
(b) Apprehension Procedures.--In any immigration enforcement
action, the Secretary and cooperating entities shall--
(1) as soon as possible and not later than 6 hours after an
immigration enforcement action, provide licensed social workers
or case managers employed or contracted by the child welfare
agency or local NGOs with confidential access to screen and
interview individuals apprehended in such immigration
enforcement action to assist the Secretary or cooperating
entity in determining if such individuals are parents, legal
guardians, or primary caregivers of a child in the United
States;
(2) as soon as possible and not later than 8 hours after an
immigration enforcement action, provide any apprehended
individual believed to be a parent, legal guardian, or primary
caregiver of a child in the United States with--
(A) free, confidential telephone calls, including
calls to child welfare agencies, attorneys, and legal
services providers, to arrange for the care of children
or wards, unless the Secretary has reasonable grounds
to believe that providing confidential phone calls to
the individual would endanger public safety or national
security; and
(B) contact information for--
(i) child welfare agencies in all 50
States, the District of Columbia, all United
States territories, counties, and local
jurisdictions; and
(ii) attorneys and legal service providers
capable of providing free legal advice or free
legal representation regarding child welfare,
child custody determinations, and immigration
matters;
(3) ensure that personnel of the Department and cooperating
entities do not--
(A) interview individuals in the immediate presence
of children; or
(B) compel or request children to translate for
interviews of other individuals who are encountered as
part of an immigration enforcement action; and
(4) ensure that any parent, legal guardian, or primary
caregiver of a child in the United States--
(A) receives due consideration of the best
interests of his or her children or wards in any
decision or action relating to his or her detention,
release, or transfer between detention facilities; and
(B) is not transferred from his or her initial
detention facility or to the custody of the Secretary
until the individual--
(i) has made arrangements for the care of
his or her children or wards; or
(ii) if such arrangements are impossible,
is informed of the care arrangements made for
the children and of a means to maintain
communication with the children.
(c) Nondisclosure and Retention of Information About Apprehended
Individuals and Their Children.--
(1) In general.--Information collected by child welfare
agencies and NGOs in the course of the screenings and
interviews described in subsection (b)(1) may not be disclosed
to Federal, State, or local government entities or to any
person, except pursuant to written authorization from the
individual or his or her legal counsel.
(2) Child welfare agency or ngo recommendation.--
Notwithstanding paragraph (1), a child welfare agency or NGO
may--
(A) submit a recommendation to the Secretary or a
cooperating entity regarding whether an apprehended
individual is a parent, legal guardian, or primary
caregiver who is eligible for the protections provided
under this Act; and
(B) disclose information that is necessary to
protect the safety of the child, to allow for the
application of subsection (b)(4)(A), or to prevent
reasonably certain death or substantial bodily harm.
SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.
(a) In General.--The Secretary shall ensure that all detention
facilities operated by or under agreement with the Department implement
procedures to ensure that the best interest of the child, including a
preference for family unity wherever appropriate, is considered in any
decision and action relating to the custody of children whose parent,
legal guardian, or primary caregiver is detained as the result of an
immigration enforcement action.
(b) Access to Children, State and Local Courts, Child Welfare
Agencies, and Consular Officials.--At all detention facilities operated
by, or under agreement with, the Department, the Secretary shall--
(1) prominently post in a manner accessible to detainees
and visitors and include in detainee handbooks information on
the protections of this Act as well as information on potential
eligibility for parole or release;
(2) ensure that individuals who are detained by reason of
their immigration status may receive the screenings and
interviews described in section 3(b)(1) not later than 6 hours
after their arrival at the detention facility;
(3) ensure that individuals who are detained by reason of
their immigration status and are believed to be parents, legal
guardians, or primary caregivers of children in the United
States are--
(A) permitted daily phone calls and regular contact
visits with their children or wards;
(B) able to participate fully, and to the extent
possible in-person, in all family court proceedings and
any other proceeding impacting upon custody of their
children or wards;
(C) able to fully comply with all family court or
child welfare agency orders impacting upon custody of
their children or wards;
(D) provided with contact information for family
courts in all 50 States, the District of Columbia, all
United States territories, counties, and local
jurisdictions;
(E) granted free and confidential telephone calls
to child welfare agencies and family courts as often as
is necessary to ensure that the best interest of the
child, including a preference for family unity whenever
appropriate, can be considered;
(F) granted free and confidential telephone calls
and confidential in-person visits with attorneys, legal
representatives, and consular officials;
(G) provided United States passport applications
for the purpose of obtaining travel documents for their
children or wards;
(H) granted adequate time before removal to obtain
passports and other necessary travel documents on
behalf of their children or wards if such children or
wards will accompany them on their return to their
country of origin or join them in their country of
origin; and
(I) provided with the access necessary to obtain
birth records or other documents required to obtain
passports for their children or wards; and
(4) facilitate the ability of detained parents, legal
guardians, and primary caregivers to share information
regarding travel arrangements with their children or wards,
child welfare agencies, or other caregivers well in advance of
the detained individual's departure from the United States.
SEC. 5. MEMORANDA OF UNDERSTANDING.
The Secretary shall develop and implement memoranda of
understanding or protocols with child welfare agencies and NGOs
regarding the best ways to cooperate and facilitate ongoing
communication between all relevant entities in cases involving a child
whose parent, legal guardian, or primary caregiver has been apprehended
or detained in an immigration enforcement action to protect the best
interests of the child, including a preference for family unity
whenever appropriate.
SEC. 6. MANDATORY TRAINING.
The Secretary, in consultation with the Secretary of Health and
Human Services and independent child welfare experts, shall require and
provide in-person training on the protections required under sections 3
and 4 to all personnel of the Department and of States and local
entities acting under agreement with the Department who regularly come
into contact with children or parents in the course of conducting
immigration enforcement actions.
SEC. 7. RULEMAKING.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall promulgate regulations to implement this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 9. REPORT ON PROTECTIONS FOR CHILDREN IMPACTED BY IMMIGRATION
ENFORCEMENT ACTIVITIES.
(a) Requirement for Report.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that describes the impact of
immigration enforcement activities on children, including children who
are citizens of the United States.
(b) Content.--The report submitted under subsection (a) shall
include for the previous 1-year period an assessment of--
(1) the number of individuals removed from the United
States who are the parent of a child who is a citizen of the
United States;
(2) the number of occasions in which both parents or the
primary caretaker of such a child was removed from the United
States;
(3) the number of children who are citizens of the United
States who leave the United States with parents who are
removed;
(4) the number of such children who remained in the United
States after the removal of a parent;
(5) the age of each such child at the time a parent is
removed; and
(6) the number of instances in which such a child whose
parent is apprehended, detained, or removed is referred to the
local child welfare agency by officers or employees of the
Department. | Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, including: (1) providing the governor, local child welfare agencies, and local law enforcement with advance notice of an enforcement activity, if possible; (2) providing child welfare agencies and community organizations access to detained individuals to help DHS identify detainees who have children; (3) permitting detainees with children to make free phone calls to arrange for such children's care; and (4) requiring that the interests of children be considered in decisions regarding detainee release, detention, or transfer.
Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action, (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals, and (3) provide DHS personnel with appropriate training. |
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 ``Alcohol Tax Equalization Act of
1997''.
SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC
EQUIVALENT OF TAXES ON DISTILLED SPIRITS.
(a) Wine.--
(1) Wines containing not more than 14 percent alcohol.--
Paragraph (1) of section 5041(b) of the Internal Revenue Code
of 1986 (relating to rates of tax on wines) is amended by
striking ``$1.07'' and inserting ``$2.97''.
(2) Wines containing more than 14 (but not more than 21)
percent alcohol.--Paragraph (2) of section 5041(b) of such Code
is amended by striking ``$1.57'' and inserting ``$4.86''.
(3) Wines containing more than 21 (but not more than 24)
percent alcohol.--Paragraph (3) of section 5041(b) of such Code
is amended by striking ``$3.15'' and inserting ``$6.08''.
(b) Beer.--
(1) In general.--Paragraph (1) of section 5051(a) of such
Code (relating to imposition and rate of tax on beer) is
amended by striking ``$18'' and inserting ``$37.67''.
(2) Small brewers.--Subparagraph (A) of section 5051(a)(2)
of such Code (relating to reduced rate for certain domestic
production) is amended by striking ``$7'' each place it appears
and inserting ``$26.67''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1998.
(d) Floor Stocks Taxes.--
(1) Imposition of tax.--
(A) In general.--In the case of any tax-increased
article--
(i) on which tax was determined under part
I of subchapter A of chapter 51 of the Internal
Revenue Code of 1986 or section 7652 of such
Code before January 1, 1998, and
(ii) which is held on such date for sale by
any person,
there shall be imposed a tax at the applicable rate on
each such article.
(B) Applicable rate.--For purposes of clause (i),
the applicable rate is--
(i) $1.90 per wine gallon in the case of
wine described in paragraph (1) of section
5041(b) of such Code,
(ii) $3.29 per wine gallon in the case of
wine described in paragraph (2) of section
5041(b) of such Code,
(iii) $2.93 per wine gallon in the case of
wine described in paragraph (3) of section
5041(b) of such Code, and
(iv) $19.67 per barrel in the case of beer.
In the case of a fraction of a gallon or barrel, the
tax imposed by subparagraph (A) shall be the same
fraction of the amount of such tax imposed on a whole
gallon or barrel.
(C) Tax-increased article.--For purposes of this
subsection, the term ``tax-increased article'' means
wine described in paragraph (1), (2), or (3) of section
5041(b) of such Code and beer.
(2) Exception for certain small wholesale or retail
dealers.--No tax shall be imposed by paragraph (1) on tax-
increased articles held on January 1, 1998, by any dealer if--
(A) the aggregate liquid volume of tax-increased
articles held by such dealer on such date does not
exceed 500 wine gallons, and
(B) such dealer submits to the Secretary (at the
time and in the manner required by the Secretary) such
information as the Secretary shall require for purposes
of this subparagraph.
(3) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding any tax-
increased article on January 1, 1998, to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe by regulations.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before June 30, 1998.
(4) Controlled groups.--
(A) Corporations.--In the case of a controlled
group of corporations, the 500 wine gallon amount
specified in paragraph (2) shall be apportioned among
the dealers who are component members of such group in
such manner as the Secretary shall by regulations
prescribe. For purposes of the preceding sentence, the
term ``controlled group of corporations'' has the
meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be substituted
for the phrase ``at least 80 percent'' each place it
appears in such subsection.
(B) Nonincorporated dealers under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of dealers under common
control where 1 or more of such dealers is not a
corporation.
(5) Other laws applicable.--
(A) In general.--All provisions of law, including
penalties, applicable to the comparable excise tax with
respect to any tax-increased article shall, insofar as
applicable and not inconsistent with the provisions of
this section, apply to the floor stocks taxes imposed
by paragraph (1) to the same extent as if such taxes
were imposed by the comparable excise tax.
(B) Comparable excise tax.--For purposes of
subparagraph (A), the term ``comparable excise tax''
means--
(i) the tax imposed by section 5041 of such
Code in the case of wine, and
(ii) the tax imposed by section 5051 of
such Code in the case of beer.
(6) Definitions.--For purposes of this subsection--
(A) In general.--Terms used in this paragraph which
are also used in subchapter A of chapter 51 of such
Code shall have the respective meanings such terms have
in such subchapter.
(B) Person.--The term ``person'' includes any State
or political subdivision thereof, or any agency or
instrumentality of a State or political subdivision
thereof.
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or his delegate.
SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.
(a) General Rule.--Subpart E of part I of subchapter A of chapter
51 of the Internal Revenue Code of 1986 is amended by inserting before
section 5061 the following new section:
``SEC. 5060. INDEXATION OF RATES.
``(a) General Rule.--Effective during each calendar year after
1998, each tax rate set forth in subsection (b) shall be increased by
an amount equal to--
``(1) such rate as in effect without regard to this
section, multiplied by
``(2) the cost-of-living adjustment for such calendar year
determined under section 1(f)(3) by substituting `calendar year
1997' for `calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of 1 cent.
``(b) Tax Rates.--The tax rates set forth in this subsection are
the rates contained in the following provisions:
``(1) Paragraph (1) of section 5001(a).
``(2) Paragraphs (1), (2), (3), (4), and (5) of section
5041(b).
``(3) Paragraphs (1) and (2)(A) of section 5051(a).''
(b) Technical Amendment.--Paragraphs (1)(A) and (2) of section
5010(a) are each amended by striking ``$13.50'' and inserting ``the
rate in effect under section 5001(a)(1)''.
(c) Clerical Amendment.--The table of sections for subpart E of
part I of subchapter A of chapter 51 of such Code is amended by
inserting before the item relating to section 5061 the following new
item:
``Sec. 5060. Indexation of rates.''
SEC. 4. SUBSTANCE ABUSE PREVENTION TRUST FUND.
(a) General Rule.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust funds) is
amended by adding at the end the following new section:
``SEC. 9512. SUBSTANCE ABUSE PREVENTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Substance Abuse
Prevention Trust Fund', consisting of such amounts as may be
appropriated or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Substance Abuse Prevention Trust Fund amounts equivalent to the
additional taxes received in the Treasury under chapter 51 by reason of
the amendments made by sections 2 and 3 of the Alcohol Tax Equalization
Act of 1997 and the additional taxes received in the Treasury by reason
of section 2(d) of such Act.
``(c) Expenditures From Trust Fund.--Amounts in the Substance Abuse
Prevention Trust Fund shall be available, as provided in appropriation
Acts, for appropriation to--
``(1) the Substance Abuse and Mental Health Services
Administration, and
``(2) the National Highway Traffic Safety Administration,
for alcohol abuse prevention programs.''
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 is amended by adding at the end the following new item:
``Sec. 9512. Substance abuse prevention
trust fund.'' | Alcohol Tax Equalization Act of 1997 - Amends the Internal Revenue Code to increase the rate of tax on wine and beer. Provides for the treatment of floor stocks. Mandates a cost-of-living adjustment for the tax rates on distilled spirits, wine, and beer.
Establishes the Substance Abuse Prevention Trust Fund. Appropriates amounts to the Fund equivalent to the amounts received as a result of this Act. Makes amounts in the Fund available to the Substance Abuse and Mental Health Services Administration and the National Highway Traffic Safety Administration for alcohol abuse prevention programs. |
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 ``Sacramento-San Joaquin Delta
National Heritage Area Establishment Act''.
SEC. 2. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Sacramento-San Joaquin Delta Heritage Area established by this
section.
(2) Heritage area management plan.--The term ``Heritage
Area management plan'' means the plan developed and adopted by
the management entity under this section.
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
subsection (b)(4).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Sacramento-San Joaquin Delta Heritage Area.--
(1) Establishment.--There is established the ``Sacramento-
San Joaquin Delta Heritage Area'' in the State of California.
(2) Boundaries.--The boundaries of the Heritage Area shall
be in the counties of Contra Costa, Sacramento, San Joaquin,
Solano, and Yolo in the State of California, as generally
depicted on the map entitled ``Sacramento-San Joaquin Delta
National Heritage Area Proposed Boundary'', numbered T27/
105,030, and dated September 2010.
(3) Availability of map.--The map described in paragraph
(2) shall be on file and available for public inspection in the
appropriate offices of the National Park Service and the Delta
Protection Commission.
(4) Management entity.--The management entity for the
Heritage Area shall be the Delta Protection Commission
established by section 29735 of the California Public Resources
Code.
(5) Administration; management plan.--
(A) Administration.--For purposes of carrying out
the Heritage Area management plan, the Secretary,
acting through the management entity, may use amounts
made available under this section in accordance with
section 8001(c) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 991).
(B) Management plan.--
(i) In general.--Subject to clause (ii),
the management entity shall submit to the
Secretary for approval a proposed management
plan for the Heritage Area in accordance with
section 8001(d) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123
Stat. 991).
(ii) Restrictions.--The Heritage Area
management plan submitted under this paragraph
shall--
(I) ensure participation by
appropriate Federal, State, tribal, and
local agencies, including the Delta
Stewardship Council, special districts,
natural and historical resource
protection and agricultural
organizations, educational
institutions, businesses, recreational
organizations, community residents, and
private property owners; and
(II) not be approved until the
Secretary has received certification
from the Delta Protection Commission
that the Delta Stewardship Council has
reviewed the Heritage Area management
plan for consistency with the plan
adopted by the Delta Stewardship
Council pursuant to State law.
(6) Relationship to other federal agencies; private
property.--
(A) Relationship to other federal agencies.--The
provisions of section 8001(e) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) shall apply to the Heritage Area.
(B) Private property.--
(i) In general.--Subject to clause (ii),
the provisions of section 8001(f) of the
Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991) shall apply
to the Heritage Area.
(ii) Opt out.--An owner of private property
within the Heritage Area may opt out of
participating in any plan, project, program, or
activity carried out within the Heritage Area
under this section, if the property owner
provides written notice to the management
entity.
(7) Evaluation; report.--The provisions of section 8001(g)
of the Omnibus Public Land Management Act of 2009 (Public Law
111-11; 123 Stat. 991) shall apply to the Heritage Area.
(8) Effect of designation.--Nothing in this section--
(A) precludes the management entity from using
Federal funds made available under other laws for the
purposes for which those funds were authorized; or
(B) affects any water rights or contracts.
(9) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this section $20,000,000, of
which not more than $2,000,000 may be made available
for any fiscal year.
(B) Cost-sharing requirement.--The Federal share of
the total cost of any activity under this section shall
be determined by the Secretary, but shall be not more
than 50 percent.
(C) Non-federal share.--The non-Federal share of
the total cost of any activity under this section may
be in the form of--
(i) in-kind contributions of goods or
services; or
(ii) State or local government fees, taxes,
or assessments.
(10) Termination of authority.--If a proposed management
plan has not been submitted to the Secretary by the date that
is 5 years after the date of enactment of this title, the
Heritage Area designation shall be rescinded. | Sacramento-San Joaquin Delta National Heritage Area Establishment Act - Establishes the Sacramento-San Joaquin Delta National Heritage Area in California.
Designates the Delta Protection Commission as the management entity for the Heritage Area.
Requires the Commission to submit a proposed management plan for the Heritage Area to the Secretary of the Interior for approval.
Bars approval of the management plan until the Secretary has received certification from the Commission that the Delta Stewardship Council has reviewed such plan for consistency with the plan adopted by the Council pursuant to state law. |
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 ``Chief Manufacturing Officer Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The manufacturing sector consists of establishments
that are primarily engaged in the transformation of materials,
substances, or components into products.
(2) The Federal Government supports manufacturing in a
variety of ways; manufacturing-related activities are scattered
in several agencies in the executive branch.
(3) Manufacturing employment, output, and exports are
impacted by tax policies, the state of infrastructure and
transportation, small business regulations, environmental
regulations, trade policies, innovation ecosystems, workforce
development, and education initiatives, with national security
implications.
(4) Manufacturers account for 12 percent of the total gross
domestic product output in the United States, employing 9
percent of the workforce. Total output from manufacturing is
more than 2 trillion dollars. There are more than 12 million
manufacturing employees in the United States, with an average
annual compensation of about $80,000.
(5) Legislative policies and executive actions often result
in unintended, inconsistent, and conflicting outcomes with
respect to the growth of manufacturing in the United States.
(b) Sense of Congress.--It is the sense of Congress that a well-
designed national manufacturing strategy would benefit the United
States economy in several important ways:
(1) A revitalized manufacturing sector would enable the
United States to derive more of its economic growth from
exports and domestic production than the United States has in
the past two decades.
(2) Average domestic wages would rise in response to
growing manufacturing output, as manufacturing jobs
historically have paid higher wages and benefits than
nonmanufacturing jobs.
(3) A growing manufacturing sector would help lay a
foundation for future United States economic growth, since
manufacturing industries perform the vast share of private-
sector research and development, which fuels the innovation
that serves as a primary engine of economic growth.
(4) The United States would expand its long-standing
leadership in advanced manufacturing technologies with Federal
investments in manufacturing research and development,
education, and workforce training.
(5) There has always been a strong connection between
domestic manufacturing and national defense and homeland
security. A strong and innovative manufacturing industry will
maintain the superiority of the United States military and will
allow for an unquestionable ability to respond quickly to
threats and catastrophes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described under
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.
(5) State educational agency.--The term ``State educational
agency'' has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act (20 U.S.C. 7801).
SEC. 4. UNITED STATES CHIEF MANUFACTURING OFFICER.
(a) Appointment.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the President shall appoint a United
States Chief Manufacturing Officer (referred to in this section
as the ``Chief Manufacturing Officer'').
(2) Qualifications.--The President shall select the Chief
Manufacturing Officer from among individuals who have basic
qualifications and expertise in manufacturing technology and
policy.
(3) Reporting.--The position of Chief Manufacturing Officer
shall be in the Executive Office of the President and shall
report to the President through the Chief of Staff.
(4) National economic council.--The Chief Manufacturing
Officer shall be a member of the National Economic Council.
(b) Pay.--The annual rate of pay for the Chief Manufacturing
Officer shall be an Executive Schedule rate of pay (subchapter II of
chapter 53 of title 5, United States Code), as determined by the
President, commensurate with the qualifications and expertise of the
individual appointed to be such Officer.
(c) Duties.--The duties of the Chief Manufacturing Officer are as
follows:
(1) To develop the national manufacturing strategy
described in subsection (d) not later than May 1, 2018.
(2) To advise the President on policy issues that affect
the economic activities and the workforce of the manufacturing
sector.
(3) To foster the coordination of manufacturing-related
policies and activities across agencies by--
(A) encouraging the use of best innovative
manufacturing practices across the Federal Government;
(B) ensuring the use of best information
technologies and cybersecurity practices for
manufacturing; and
(C) analyzing the status of manufacturing
technology needs across agencies.
(4) To conduct technology policy analyses to improve United
States manufacturing productivity, technology, and innovation,
and cooperate with the United States manufacturing industry in
the improvement of its productivity, technology, and ability to
compete successfully in world markets.
(5) To determine the influence of economic, labor, and
other conditions, industrial structure and management, and
government policies on technological developments in
manufacturing sectors worldwide.
(6) To identify technological needs, problems, and
opportunities within and across the manufacturing sector that,
if addressed, could make a significant contribution to the
economy of the United States.
(7) To assess whether the capital, technical, and other
resources being allocated to manufacturing are likely to
generate new technologies, are adequate to meet private and
social demands for goods and services, and are sufficient to
promote productivity and economic growth.
(8) To propose studies and policy experiments, in
cooperation with agencies, to determine the effectiveness of
measures with the potential of advancing United States
technological innovation in manufacturing.
(9) To encourage the creation of joint initiatives by State
and local governments, regional organizations, private
companies, institutions of higher education, nonprofit
organizations, or Federal laboratories to encourage technology
transfer, to stimulate innovation, and to promote an
appropriate climate for investment in manufacturing-related
industries.
(10) To propose manufacturing-related cooperative research
involving appropriate agencies, State or local governments,
regional organizations, institutions of higher education,
nonprofit organizations, or private companies to promote the
common use of resources, to improve training programs and
curricula, to stimulate interest in high technology
manufacturing careers, and to encourage the effective
dissemination of manufacturing technology skills within the
wider community.
(11) To serve as a focal point for discussions among
companies that manufacture in the United States on topics of
interest to the manufacturing industry and workforce, including
discussions regarding emerging and advanced technologies.
(12) To promote Federal Government measures, including
legislation, regulations, and policies with the potential of
advancing United States technological innovation in
manufacturing and exploiting manufacturing innovations of
foreign origin.
(13) To develop strategies and policies that would
encourage manufacturing enterprises to maintain production
facilities and retain manufacturing jobs in the United States
and use manufacturing supply chains based in the United States.
(14) To support communities negatively impacted by the
closure or relocation of manufacturing facilities by promoting
efforts to revitalize communities for new manufacturing
enterprises.
(15) To assist States in their economic development plans
for manufacturing and in their efforts to relocate
manufacturing facilities within the United States rather than
moving manufacturing outside of the United States.
(16) To promote the goals of the Network for Manufacturing
Innovation Program established under section 34 of the National
Institute of Standards and Technology Act (15 U.S.C. 278s).
(17) To encourage participation of public and private
organizations, State educational agencies, and institutions of
higher education in the annual celebration of National
Manufacturing Day to enhance the public perception of
manufacturing.
(18) To perform such other functions or activities as the
President may assign.
(d) National Manufacturing Strategy.--
(1) In general.--The national manufacturing strategy
developed under subsection (c)(1) shall contain a summary of
the current state of manufacturing in the Federal Government
and comprehensive strategies for--
(A) identifying and addressing the anticipated
workforce needs of the manufacturing sector;
(B) strengthening education and the required
training and certifications for manufacturing;
(C) creating training and appropriate career paths
to manufacturing jobs for veterans and others that have
become unemployed;
(D) promoting the development of quality control
and other technical standards;
(E) maintaining reliable physical and
telecommunications infrastructure, and the required
investments in infrastructure projects, as needed, for
manufacturing;
(F) analyzing the status of manufacturing
technology needs in the industrial sector and providing
recommendations for economic and labor force
expansions;
(G) monitoring technology directions and analyzing
strengths, weaknesses, threats, and opportunities in
the United States manufacturing sector;
(H) implementing appropriate tax incentives and
credits to assist manufacturing enterprises in
improving their competitiveness;
(I) recommending Federal and State regulations to
reduce the cost of manufacturing and improve
productivity;
(J) promoting the export of United States
manufactured goods and enforcement of fair trading
rules;
(K) identifying other forms of assistance to
companies that manufacture in the United States to
successfully compete in world markets;
(L) coordinating the United States national
manufacturing strategy with the manufacturing strategy
of each State to ensure a well-integrated national
strategy; and
(M) addressing such other issues as the President
determines necessary.
(2) Incorporation of other strategic plans.--The Chief
Manufacturing Officer shall incorporate into the national
manufacturing strategy described in paragraph (1) the
following:
(A) The national strategic plan for advanced
manufacturing developed under section 102(c) of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C.
6622(c)).
(B) The strategic plan developed for the Network
for Manufacturing Innovation Program under section
34(f)(2)(C) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(f)(2)(C)).
(e) Annual Updates.--The Chief Manufacturing Officer, in
consultation with the Director of the Office of Management and Budget,
shall submit annual updates to the President and Congress that describe
the progress made toward--
(1) achieving the objectives of the national strategic plan
for advanced manufacturing developed under section 102(c) of
the America COMPETES Reauthorization Act of 2010 (42 U.S.C.
6622(c)); and
(2) carrying out the national manufacturing strategy
developed under this section, including implementing strategies
for--
(A) promoting innovation and investment in domestic
manufacturing;
(B) supporting the development of a skilled and
diverse manufacturing workforce;
(C) promoting equitable trade policies;
(D) expanding exports of manufactured goods;
(E) enabling global competitiveness;
(F) encouraging sustainability; and
(G) supporting national security. | Chief Manufacturing Officer Act This bill: (1) expresses the sense of Congress that a well-designed national manufacturing strategy would benefit the U.S. economy, and (2) directs the President to appoint a United States Chief Manufacturing Officer, which shall be a member of the National Economic Council. The Officer's duties shall include developing, by May 1, 2018, a national manufacturing strategy, which shall incorporate: (1) the national strategic plan for advanced manufacturing developed under the America COMPETES Reauthorization Act of 2010, and (2) the strategic plan developed for the Network for Manufacturing Innovation Program under the National Institute of Standards and Technology Act. The Officer shall provide annual updates on progress made toward achieving the objectives of such strategic plan for advanced manufacturing and carrying out the strategy developed under this bill. |
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 ``United Kingdom-NAFTA Accession
Act''.
SEC 2. ACCESSION OF UNITED KINGDOM TO THE NORTH AMERICAN FREE TRADE
AGREEMENT.
(a) In General.--Subject to section 3, the President is authorized
to enter into an agreement described in subsection (b) and the
provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C.
2191(c)) shall apply with respect to a bill to implement such agreement
if such agreement is entered into on or before December 31, 2003.
(b) Agreement Described.--An agreement described in this subsection
means an agreement that--
(1) provides for the accession of United Kingdom to the
North American Free Trade Agreement; or
(2) is a bilateral agreement between the United States and
United Kingdom that provides for the reduction and ultimate
elimination of tariffs and other nontariff barriers to trade
and the eventual establishment of a free trade area between the
United States and United Kingdom.
SEC. 3. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING BILL.
(a) Introduction in House and Senate.--When the President submits
to Congress a bill to implement a trade agreement described in section
2, the bill shall be introduced (by request) in the House and the
Senate as described in section 151(c) of the Trade Act of 1974 (19
U.S.C. 2191(c)).
(b) Restrictions on Content.--A bill to implement a trade agreement
described in section 2--
(1) shall contain only provisions that are necessary to
implement the trade agreement; and
(2) may not contain any provision that establishes (or
requires or authorizes the establishment of) a labor or
environmental protection standard or amends (or requires or
authorizes an amendment of) any labor or environmental
protection standard set forth in law or regulation.
(c) Point of Order in Senate.--
(1) Applicability to all legislative forms of implementing
bill.--For the purposes of this subsection, the term
``implementing bill'' means the following:
(A) The bill.--A bill described in subsection (a),
without regard to whether that bill originated in the
Senate or the House of Representatives.
(B) Amendment.--An amendment to a bill referred to
in subparagraph (A).
(C) Conference report.--A conference report on a
bill referred to in subparagraph (A).
(D) Amendment between houses.--An amendment between
the houses of Congress in relation to a bill referred
to in subparagraph (A).
(E) Motion.--A motion in relation to an item
referred to in subparagraph (A), (B), (C), or (D).
(2) Making of point of order.--
(A) Against single item.--When the Senate is
considering an implementing bill, a Senator may make a
point of order against any part of the implementing
bill that contains material in violation of a
restriction under subsection (b).
(B) Against several items.--Notwithstanding any
other provision of law or rule of the Senate, when the
Senate is considering an implementing bill, it shall be
in order for a Senator to raise a single point of order
that several provisions of the implementing bill
violate subsection (b). The Presiding Officer may
sustain the point of order as to some or all of the
provisions against which the Senator raised the point
of order.
(3) Effect of sustainment of point of order.--
(A) Against single item.--If a point of order made
against a part of an implementing bill under paragraph
(2)(A) is sustained by the Presiding Officer, the part
of the implementing bill against which the point of
order is sustained shall be deemed stricken.
(B) Against several items.--In the case of a point
of order made under paragraph (2)(B) against several
provisions of an implementing bill, only those
provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken.
(C) Stricken matter not in order as amendment.--
Matter stricken from an implementing bill under this
paragraph may not be offered as an amendment to the
implementing bill (in any of its forms described in
paragraph (1)) from the floor.
(4) Waivers and appeals.--
(A) Waivers.--Before the Presiding Officer rules on
a point of order under this subsection, any Senator may
move to waive the point of order as it applies to some
or all of the provisions against which the point of
order is raised. Such a motion to waive is amendable in
accordance with the rules and precedents of the Senate.
(B) Appeals.--After the Presiding Officer rules on
a point of order under this subsection, any Senator may
appeal the ruling of the Presiding Officer on the point
of order as it applies to some or all of the provisions
on which the Presiding Officer ruled.
(C) Three-fifths majority required.--
(i) Waivers.--A point of order under this
subsection is waived only by the affirmative
vote of at least the requisite majority.
(ii) Appeals.--A ruling of the Presiding
Officer on a point of order under this
subsection is sustained unless at least the
requisite majority votes not to sustain the
ruling.
(iii) Requisite majority.--For purposes of
clauses (i) and (ii), the requisite majority is
three-fifths of the Members of the Senate, duly
chosen and sworn.
(d) Applicability of Fast Track Procedures.--Section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``section 3 of the United Kingdom-
NAFTA Accession Act,'' after ``the Omnibus Trade and
Competitiveness Act of 1988,''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) if changes in existing laws or new statutory
authority is required to implement such trade agreement
or agreements or such extension, provisions, necessary
to implement such trade agreement or agreements or such
extension, either repealing or amending existing laws
or providing new statutory authority.''; and
(2) in subsection (c)(1), by inserting ``or under section 3
of the United Kingdom-NAFTA Accession Act,'' after ``the
Uruguay Round Agreements Act,''. | United Kingdom-NAFTA Accession Act - Authorizes the President to enter into: (1) an agreement for the accession of the United Kingdom to the North American Free Trade Agreement (NAFTA); or (2) a bilateral agreement between the United States and the United Kingdom that reduces and ultimately eliminates tariffs and other nontariff barriers to trade and provides for the eventual establishment of a free trade area. Applies congressional fast track procedures (no amendments) to implementing bills for trade agreements entered under this Act. |
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 Vocational Rehabilitation
and Employment Improvement Act of 2015''.
SEC. 2. APPROVAL OF COURSES OF EDUCATION AND TRAINING FOR PURPOSES OF
THE VOCATIONAL REHABILITATION PROGRAM OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Section 3104(b) of title 38, United States Code,
is amended by adding at the end the following new sentence: ``To the
maximum extent practicable, a course of education or training may be
pursued by a veteran as part of a rehabilitation program under this
chapter only if the course is approved for purposes of chapter 30 or 33
of this title. The Secretary may waive the requirement under the
preceding sentence to the extent the Secretary determines
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a course of education or training pursued by a
veteran who first begins a program of rehabilitation under chapter 31
of title 38, United States Code, on or after the date that is one year
after the date of the enactment of this Act.
SEC. 3. ELIGIBILITY OF CERTAIN VETERANS ENROLLED IN VOCATIONAL
REHABILITATION PROGRAMS FOR SPECIALLY ADAPTED HOUSING
PROVIDED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 2101(a)(2)(A) of title 38, United States
Code, is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new subparagraph:
``(iii) has a disability for which the veteran is
eligible for a rehabilitation program under chapter 31
of this title and is referred for assistance under this
section pursuant to section 2107 of this title.''.
(b) Amount of Assistance.--Section 2102(d) of such title is
amended--
(1) in paragraph (1)--
(A) by striking ``The aggregate'' and inserting
``(A) Except as provided in subparagraph (B), the
aggregate''; and
(B) by inserting at the end the following new
subparagraph:
``(B) The Secretary may waive the limitation in subparagraph (A) in
the case of a veteran described in section 2101(a)(2)(A)(iii).''; and
(2) by adding at the end the following new paragraph:
``(4) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a biennial report on
the use of the waiver authority under paragraph (1)(B).''.
(c) Bar to Dual Eligibility for Home Adaptation Services.--Section
3102 of such title is amended by adding at the end the following new
subsection:
``(c) Bar to Dual Eligibility for Home Adaptation Services.--A
person who receives adaptive housing assistance by reason of section
2101(a)(2)(A)(iii) of this title may not also receive home adaptation
services under this chapter.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
SEC. 4. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION SERVICES
BASED ON NEED.
Section 3104 of title 38, United States Code, as amended by section
3, is further amended by adding at the end the following new
subsection:
``(c)(1) The Secretary shall have the authority to administer this
chapter by prioritizing the provision of services under this chapter
based on need, as determined by the Secretary. In evaluating need for
purposes of this subsection, the Secretary shall consider disability
ratings, the severity of employment handicaps, qualification for a
program of independent living, income, and any other factor the
Secretary determines appropriate.
``(2) Not later than 90 days before making any changes to the
prioritization of the provision of services under this chapter as
authorized under paragraph (1), the Secretary shall submit to Congress
a plan describing such changes.''.
SEC. 5. REDUCTION IN REDUNDANCY AND INEFFICIENCIES IN VOCATIONAL
REHABILITATION CLAIMS PROCESSING.
(a) Vocational Rehabilitation Claims.--The Secretary of Veterans
Affairs shall reduce redundancy and inefficiencies in the use of
information technology to process claims for rehabilitation programs
under chapter 31 of title 38, United States Code, by--
(1) ensuring that all payments for and on behalf of
veterans participating in a rehabilitation program under such
chapter are only processed and paid out of one corporate
information technology system, in order to eliminate the
redundancy of multiple information technology payment systems;
and
(2) enhancing the information technology system supporting
veterans participating in such a program to support more
accurate accounting of services and outcomes for such veterans.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2016
$10,000,000 to carry out this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the changes made pursuant to subsection (a). | Veterans Vocational Rehabilitation and Employment Improvement Act of 2015 Allows a veteran to pursue a course of education and training as part of a rehabilitation program only if the course is approved under Department of Veterans Affairs (VA) vocational rehabilitation requirements. Makes veterans enrolled in a VA vocational rehabilitation program eligible for VA specially adapted housing. Bars dual eligibility for home adaptation services. Authorizes the VA to prioritize vocational rehabilitation services based on need and upon consideration of disability ratings, the severity of employment handicaps, qualification for a program of independent living, income, and other appropriate factors. Directs the VA to reduce information technology redundancy and inefficiencies in the rehabilitation claims process. |
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 ``Marine Emergency Protocol and Hull
Requirement Act of 2008''.
SEC. 2. RESPONSE STANDARDS.
(a) In General.--Subtitle B of title IV of the Oil Pollution Act of
1990 (33 U.S.C. 1321 note; Public Law 101-380) is amended--
(1) by inserting before section 4201 the following:
``PART I--REMOVAL AUTHORITY AND RESPONSE SYSTEM'';
and
(2) by adding at the end the following:
``PART II--RESPONSE STANDARDS
``SEC. 4211. MARINE EMERGENCY PROTOCOL.
``(a) Definitions.--In this section:
``(1) Condition of enhanced danger.--The term `condition of
enhanced danger' means--
``(A) a period beginning 24 hours before and ending
72 hours after--
``(i) the commission of an act of terror in
the United States; or
``(ii) an attack on the United States from
a foreign or domestic enemy;
``(B) a period of dangerously low visibility at sea
or in port, as determined by the Secretary of Homeland
Security;
``(C) a period of not more than 72 hours after--
``(i) an oil spill of more than 5,000
gallons; or
``(ii) the discharge of a hazardous
material that poses a significant health or
environmental threat to the sector; or
``(D) any other period during which the Secretary
of Homeland Security determines that a condition of
enhanced danger exists.
``(2) Hazardous material.--The term `hazardous material'
has the meaning given the term in section 154.105 of title 33,
Code of Federal Regulations (or a successor regulation).
``(3) Health or environmental threat.--The term `health or
environmental threat' has such meaning as shall be given the
term by the Secretary.
``(4) Sector.--The term `sector' means a shore-based
operational unit of the Coast Guard.
``(5) Sector commander.--The term `Sector Commander' means
the commanding officer of a sector.
``(b) Emergency Protocol.--
``(1) In general.--During any condition of enhanced danger,
the appropriate Sector Commander shall assume direct authority
over all vessels within the area under the command of the
Sector Commander to ensure the safe navigation of dangerous
waterways.
``(2) Authority.--In carrying out paragraph (1), a Sector
Commander shall have the authority, with respect to the sector
under the command of the Sector Commander--
``(A) to order the immediate halt of all vessel
traffic into and out of the sector;
``(B) to order the immediate halt of an individual
vessel;
``(C) to order a vessel in transit to change
course, dock at a safe harbor, or return to port; and
``(D) to issue any other orders to ensure the
health and safety of the individuals located in, and
the environment of, the sector.
``SEC. 4212. STATE AUTHORITY.
``Nothing in this part limits or otherwise preempts any State from
establishing a law (including a regulation) regarding any matter
covered by this part that is more stringent than the authority provided
by this part.''.
(b) Conforming Amendment.--The table of contents of the Oil
Pollution Act of 1990 (33 U.S.C. 2701 note; Public Law 101-380) is
amended--
(1) by inserting before the item relating to section 4201
the following:
``PART I--Removal Authority and Response System'';
and
(2) by adding at the end of the items relating to part I of
subtitle B of title IV (as designated by this section) the
following:
``Sec. 4211. Marine emergency protocol.
``Sec. 4212. State authority.''.
SEC. 3. HULL REQUIREMENTS FOR FUEL TANKS OF CARGO VESSELS CARRYING OIL
AS FUEL.
Section 3703a of title 46, United States Code, is amended by adding
at the end the following:
``(f) Hull Requirements for Fuel Tanks of Cargo Vessels.--
``(1) Definition of cargo vessel.--
``(A) In general.--In this subsection, the term
`cargo vessel' means a cargo vessel (other than a tank
vessel that is subject to subsections (a) through (e))
that carries a significant (as determined by the
Secretary) quantity of oil or petroleum-based fuel, in
a fuel tank on the vessel, to be used for the purpose
of powering the cargo vessel.
``(B) Exclusions.--The term `cargo vessel' does not
include--
``(i) any naval vessel described in chapter
633 of title 10, United States Code;
``(ii) any other vessel under the
jurisdiction or control of the Secretary of the
Navy; or
``(iii) any vessel described in subsection
(b).
``(2) Standards.--Subject to paragraphs (3) through (5), a
cargo vessel may not operate in the navigable waters or the
Exclusive Economic Zone of the United States unless the fuel
tanks of the cargo vessel are equipped with a double hull, or
with a double containment system determined by the Secretary to
be as effective as a double hull, for the prevention of a
discharge of oil or petroleum-based fuel from the fuel tanks.
``(3) Applicability.--Except as provided in paragraph (5),
paragraph (2) shall apply--
``(A) beginning on the date of enactment of this
subsection, with respect to--
``(i) a cargo vessel of less than 5,000
gross tons as measured under section 14502, or
an alternate tonnage measured under section
14302, as prescribed by the Secretary under
section 14104;
``(ii) a cargo vessel of less than 5,000
gross tons that had its appraised salvage value
determined by the Coast Guard before June 30,
2008, and that qualifies for documentation as a
wrecked cargo vessel under section 12112; and
``(iii) any cargo vessel that is not
described in subparagraph (B) or (C);
``(B) in the case of a cargo vessel of at least
5,000 gross tons but less than 15,000 gross tons as
measured under section 14502, or an alternate tonnage
measured under section 14302, as prescribed by the
Secretary under section 14104--
``(i) after January 1, 2014, if the cargo
vessel is 40 years old or older and has a
single-hulled fuel tank, or is 45 years old or
older and has a double bottom or double sides;
``(ii) after January 1, 2015, if the cargo
vessel is 39 years old or older and has a
single-hulled fuel tank, or is 44 years old or
older and has a double bottom or double sides;
``(iii) after January 1, 2016, if the cargo
vessel is 38 years old or older and has a
single-hulled fuel tank, or is 43 years old or
older and has a double bottom or double sides;
``(iv) after January 1, 2017, if the cargo
vessel is 37 years old or older and has a
single-hulled fuel tank, or is 42 years old or
older and has a double bottom or double sides;
``(v) after January 1, 2018, if the cargo
vessel is 36 years old or older and has a
single-hulled fuel tank, or is 41 years old or
older and has a double bottom or double sides;
``(vi) after January 1, 2019, if the cargo
vessel is 35 years old or older and has a
single-hulled fuel tank, or is 40 years old or
older and has a double bottom or double sides;
and
``(vii) after January 1, 2024, if the cargo
vessel is 25 years old or older and has a
single-hulled fuel tank, or is 30 years old or
older and has a double bottom or double sides;
``(C) in the case of a cargo vessel of at least
15,000 gross tons but less than 30,000 gross tons as
measured under section 14502, or an alternate tonnage
measured under section 14302, as prescribed by the
Secretary under section 14104--
``(i) after January 1, 2014, if the cargo
vessel is 40 years old or older and has a
single-hulled fuel tank, or is 45 years old or
older and has a double bottom or double sides;
``(ii) after January 1, 2015, if the cargo
vessel is 38 years old or older and has a
single-hulled fuel tank, or is 43 years old or
older and has a double bottom or double sides;
``(iii) after January 1, 2016, if the cargo
vessel is 36 years old or older and has a
single-hulled fuel tank, or is 41 years old or
older and has a double bottom or double sides;
``(iv) after January 1, 2017, if the cargo
vessel is 34 years old or older and has a
single-hulled fuel tank, or is 39 years old or
older and has a double bottom or double sides;
``(v) after January 1, 2018, if the cargo
vessel is 32 years old or older and has a
single-hulled fuel tank, or 37 years old or
older and has a double bottom or double sides;
``(vi) after January 1, 2019, if the cargo
vessel is 30 years old or older and has a
single-hulled fuel tank, or is 35 years old or
older and has a double bottom or double sides;
``(vii) after January 1, 2020, if the cargo
vessel is 29 years old or older and has a
single-hulled fuel tank, or is 34 years old or
older and has a double bottom or double sides;
``(viii) after January 1, 2021, if the
cargo vessel is 28 years old or older and has a
single-hulled fuel tank, or is 33 years old or
older and has a double bottom or double sides;
``(ix) after January 1, 2022, if the cargo
vessel is 27 years old or older and has a
single-hulled fuel tank, or is 32 years old or
older and has a double bottom or double sides;
``(x) after January 1, 2023, if the cargo
vessel is 26 years old or older and has a
single-hulled fuel tank, or is 31 years old or
older and has a double bottom or double sides;
and
``(xi) after January 1, 2024, if the cargo
vessel is 25 years old or older and has a
single-hulled fuel tank, or is 30 years old or
older and has a double bottom or double sides;
and
``(D) in the case of a cargo vessel of at least
30,000 gross tons as measured under section 14502, or
an alternate tonnage measured under section 14302, as
prescribed by the Secretary under section 14104--
``(i) after January 1, 2014, if the cargo
vessel is 28 years old or older and has a
single-hulled fuel tank, or 33 years old or
older and has a double bottom or double sides;
``(ii) after January 1, 2015, if the cargo
vessel is 27 years old or older and has a
single-hulled fuel tank, or is 32 years old or
older and has a double bottom or double sides;
``(iii) after January 1, 2016, if the cargo
vessel is 26 years old or older and has a
single-hulled fuel tank, or is 31 years old or
older and has a double bottom or double sides;
``(iv) after January 1, 2017, if the cargo
vessel is 25 years old or older and has a
single-hulled fuel tank, or is 30 years old or
older and has a double bottom or double sides;
``(v) after January 1, 2018, if the cargo
vessel is 24 years old or older and has a
single-hulled fuel tank, or 29 years old or
older and has a double bottom or double sides;
and
``(vi) after January 1, 2019, if the cargo
vessel is 23 years old or older and has a
single-hulled fuel tank, or is 28 years old or
older and has a double bottom or double sides.
``(4) Age of cargo vessels.--For the purpose of this
subsection, the age of a cargo vessel shall be determined from
the latest of the date on which the cargo vessel--
``(A) is delivered after original construction;
``(B) is delivered after completion of a major
conversion; or
``(C) had its appraised salvage value determined by
the Coast Guard and is qualified for documentation as a
wrecked cargo vessel under section 12112.
``(5) New vessels.--A new cargo vessel that is delivered
during the period beginning on the date of enactment of this
section and ending on December 31, 2009, and that carries more
than 600 cubic meters of oil to be used as fuel for the cargo
vessel may not operate in the navigable waters or the Exclusive
Economic Zone of the United States unless the cargo vessel--
``(A) is equipped with a double-hulled fuel tank;
and
``(B) otherwise meets the requirements described in
regulation 12A under annex I of the Protocol of 1978
relating to the International Convention for the
Prevention of Pollution From Ships, 1973, done at
London on February 17, 1978.''. | Marine Emergency Protocol and Hull Requirement Act of 2008 - Amends the Oil Pollution Act of 1990 to authorize the Coast Guard's appropriate sector commander, during a time of a terrorist or enemy attack, dangerously low visibility at sea or in port, an oil spill over 5,000 gallons, or any other period of enhanced danger as determined by the Secretary of Homeland Security, to assume direct authority over all vessels within the area and to issue any orders to ensure the health and safety of the individuals located in, and the environment of, the sector.
Declares that nothing in the amendments made by this Act limits or otherwise preempts any state from establishing a more stringent law or regulation.
Prohibits certain cargo vessels that carry a significant (as determined by the Secretary of the department in which the Coast Guard is operating) quantity of oil or petroleum-based fuel to power the vessel from operating in the navigable waters or the Exclusive Economic Zone (EEZ) of the United States without fuel tanks that have a double hull, or a double containment system as effective as a double hull, for the prevention of a fuel discharge. Phases in the prohibition over a specified period of years, based on vessel age and tonnage. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The development of new and innovative environmental
technologies, including technologies for monitoring
environmental compliance, has been identified as a priority by
the United States Environmental Protection Agency.
(2) Current Agency environmental monitoring requirements
typically specify the use of a particular prescriptive
analytical method that must be precisely followed, including
the use of specific procedures and instrumentation. The
codification of environmental monitoring methods in this manner
hampers innovation because of the time-consuming and labor-
intensive requirements for revising regulations and written
methods.
(3) Regulations can encourage the diffusion of innovative
and pollution preventing technologies if they are cast in terms
that specify performance in terms of data quality objectives,
rather than technology or method.
(4) The Agency is evaluating the barriers to the
introduction of new and innovative environmental monitoring
technologies and the option of converting from the current
prescriptive analytical methods approach to performance-based
monitoring methods.
(5) The Agency has established no internal deadline for
completing its review of the possibility of converting to
performance-based monitoring methods.
(6) The Agency lacks a mechanism for facilitating effective
communication with Industry on the direction of environmental
monitoring methods, technologies, and markets, and Agency
regulations affecting them.
(7) The market for environmental monitoring products and
services is one of the most attractive arenas of the United
States Government to enhance our international competitiveness
and export performance, and the analytical method used in
environmental monitoring are critical to this effort.
(8) The Agency should foster efforts by the scientific
community to develop environmental monitoring methods which
improve environmental quality and which also improve the
competitiveness of United States firms in the domestic and
international marketplace.
(9) The current Agency requirement that prescriptive
analytical methods be used hinders the introduction of
environmental monitoring methods and technologies with
comparable or improved capabilities, and which may also be more
cost effective.
(b) Purposes.--The purposes of this Act are to--
(1) spur the development, introduction, and use of new and
innovative environmental monitoring technologies,
(2) encourage the development and use of new environmental
monitoring technologies through the conversion of the Agency's
prescriptive analytical methods to performance-based monitoring
methods,
(3) establish a date certain by which the Environmental
Protection Agency must complete the development of performance-
based monitoring methods and a process for implementation
within all Agency program and administrative offices to cover
all media and multimedia methods,
(4) promote and encourage participation and representation
among all interested parties during this process, and
(5) establish a date certain by which the Agency will
develop a plan for guidance, implementation, and acceptance of
performance-based monitoring methods by all Environmental
Protection Agency regions, program offices, and States.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Agency'' means the United States
Environmental Protection Agency.
(2) The term ``Administrator'' means the Administrator of
the United States Environmental Protection Agency.
(3) The term ``environmental monitoring methods'' means
procedures or techniques associated with the performance,
technical capability, or environmental impact of an analytical
method.
(4) The term ``Industry'' means members of the United
States environmental monitoring technology industry and
laboratories performing environmental testing.
(5) The term ``performance-based monitoring method'' means
a requirement that imposes legal accountability for the
achievement of specific data quality assurance objectives,
without prescribing the particular procedures, techniques, or
instrumentation for achieving such objectives.
SEC. 3. THE PERFORMANCE-BASED MONITORING METHODS ADVISORY COMMITTEE.
(a) Establishment.--The Administrator shall establish the
Performance-Based Monitoring Methods Advisory Committee no less than 90
days after the effective date of this Act.
(b) Purpose.--The Performance-Based Monitoring Methods Advisory
Committee shall--
(1) advise the Administrator on Agency policies,
regulations, standards, and procedures that are barriers to the
development and acceptance of performance-based monitoring
technologies,
(2) assist the Administrator to develop and submit to
Congress the report required by section 4 of this Act,
(3) assist the Administrator to ensure that data quality
objectives are uniform to facilitate the development and
acceptance of performance-based monitoring methods under
section 5 of this Act,
(4) assist the Administrator to develop a process for the
acceptance of performance-based monitoring methods, including
the exploration of the use of self-certification, third-party
certification, or lab accreditation. Nothing in this Act shall
be construed as authorizing the Agency to approve individual
performance-based monitoring methods,
(5) assist the Administrator to develop a plan for
guidance, implementation, and acceptance of performance-based
monitoring methods by all Agency regions, program offices, and
States, and
(6) recommend to the Administrator such changes to Agency
policies, regulations, standards, and procedures that could
stimulate the development and use of new or innovative
environmental monitoring technologies.
(c) Membership.--The Performance-Based Monitoring Methods Advisory
Committee shall be comprised of 12 members selected for appointment so
as to provide as nearly as practicable a broad and balanced
representation of interested parties, including United States
Environmental Protection Agency program and regional offices, the
analytical instruments industry, environmental testing laboratories,
representatives from State regulatory agencies, public interest groups,
and professional or technical societies.
(d) Committee Input.--Prior to initiating each of the activities
described in sections 4 through 6 of this Act, the Administrator shall
convene a meeting of the Performance-Based Monitoring Methods Advisory
Committee for the purpose of seeking advice and recommendations.
(e) Duration.--Section 14 of the Federal Advisory Committee Act
shall not apply with respect to the duration of the advisory committee
established under this section.
(f) Duties.--The Performance-Based Monitoring Methods Advisory
Committee shall convene at least twice a year, and may meet at
additional times as required by the Administrator. The Performance-
Based Monitoring Methods Advisory Committee shall submit to the
Administrator such recommendations as it believes are consistent with
its purposes. The Administrator shall make available to the
Performance-Based Monitoring Methods Advisory Committee such staff as
are necessary to carry out the purposes of this Act.
SEC. 4. REPORT TO CONGRESS.
(a) Goal.--No later than 1 year after the date of enactment of this
Act, the Administrator shall submit to Congress a report which shall
include a plan to establish a performance-based monitoring methods
approval process.
(b) System.--The report submitted under this section shall be
consistent with the provisions of section 5 of this Act.
(c) Delivery.--The report shall be transmitted to the appropriate
House and Senate committees.
SEC. 5. PERFORMANCE-BASED MONITORING METHODS.
(a) Establishment.--(1) No later than 2 years after the date of
enactment of this Act, the Administrator shall establish a performance-
based monitoring methods approval process to be used uniformly in all
environmental programs for purposes of monitoring compliance with
environmental laws and permits.
(2) Notwithstanding the adoption of a performance-based monitoring
methods approval process, approved analytical methods existing at the
time of enactment of this Act shall be deemed acceptable to the
Environmental Protection Agency, until such time the Administrator
determines that such existing methods are no longer acceptable.
(b) Authority.--Nothing in this Act shall be construed to permit
the Agency to devise or endorse a process that permits or requires the
rating or evaluation of one technology or instrument over another.
Nothing in this Act shall be construed as requiring the approval of an
environmental technology or instrument.
(c) Use.--The Administrator shall require that either the
performance-based methods that are approved pursuant to this section or
existing analytical methods be used in monitoring environmental
compliance and for other purposes, as appropriate. Regulatory
acceptance of a performance-based method shall be determined by
compliance with the data quality objectives established by the
Environmental Protection Agency.
(d) Status.--Performance-based monitoring methods approved pursuant
to this section shall be deemed to be equivalent to existing
Environmental Protection Agency methods for purposes of compliance with
all applicable environmental statutes and regulations.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Limitation on Appropriations.--No more funds may be
appropriated to carry out the purposes of this Act than the amounts set
forth in subsection (b). This Act shall be the exclusive source of
authorization of appropriations to support any activities under this
Act.
(b) Appropriations.--There are authorized to be appropriated to the
Administrator for carrying out the purposes of this Act such sums as
shall be necessary. | Directs the Administrator of the Environmental Protection Agency to establish the Performance-Based Monitoring Methods Advisory Committee to: (1) advise the Administrator on performance-based monitoring technologies; and (2) assist the Administrator in the development of a process and a plan for the acceptance of performance-based monitoring methods.
Requires, no later than two years after enactment of this Act, that the Administrator establish a performance-based monitoring methods approval process to be used uniformly in all environmental programs for purposes of monitoring compliance with environmental laws and permits.
Authorizes appropriations. |
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 ``Oil Industry Tax Break Repeal Act of
2007''.
TITLE I--REPEAL OF OIL INDUSTRY TAX BREAKS
SEC. 101. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL COMPANIES.
(a) In General.--Subparagraph (A) of section 167(h)(5) of the
Internal Revenue Code of 1986 (relating to special rule for major
integrated oil companies) is amended by striking ``5-year'' and
inserting ``7-year''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after the date of the enactment of this
Act.
SEC. 102. LIMITATION ON PERCENTAGE DEPLETION.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Limitation on Aggregate Amount of Depletion.--In the case of
any oil or gas well, the allowance for depletion allowed under section
613 shall not exceed the basis of the taxpayer in such property.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 103. TERMINATION OF TREATMENT OF NATURAL GAS DISTRIBUTION LINES AS
15-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(E)(viii) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2011'' and inserting
``the date of the enactment of the Oil Industry Tax Break Repeal Act of
2007''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before February 16, 2007, or, in the
case of self-constructed property, has started construction on
or before such date.
SEC. 104. TERMINATION OF TEMPORARY EXPENSING FOR EQUIPMENT USED IN
REFINING OF LIQUID FUELS.
(a) In General.--Section 179C(c)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``January 1, 2012'' and inserting ``the
date of the enactment of the Oil Industry Tax Break Repeal Act
of 2007'', and
(2) by striking ``January 1, 2008'' and inserting ``the
date of the enactment of the Oil Industry Tax Break Repeal Act
of 2007''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 105. NATURAL GAS GATHERING LINES TREATED AS 15-YEAR PROPERTY.
(a) In General.--Subparagraph (E) of section 168(e)(3) of the
Internal Revenue Code of 1986, as amended by section 2, is amended by
inserting ``, and'' at the end of clause (vi), by striking the period
at the end of clause (vii) and inserting ``, and'', and by adding at
the end the following new clause:
``(viii) any natural gas gathering line the
original use of which commences with the
taxpayer after the date of the enactment of
this clause.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of such Code (relating to special rule for property
assigned to classes), as amended by section 3, is amended by inserting
after the item relating to subparagraph (E)(vii) the following new
item:
``(E)(viii).......................................... 22''.
(c) Conforming Amendment.--Clause (iv) of section 168(e)(3) of such
Code is amended by inserting ``and before the date of the enactment of
the Oil Industry Tax Break Repeal Act of 2007'' after ``April 11,
2005''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before February 16, 2007, or, in the
case of self-constructed property, has started construction on
or before such date.
SEC. 106. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to any taxable year beginning after the date
of the enactment of this sentence.''.
(b) Conforming Amendments.--Paragraphs (2) and (3) of section
291(b) of such Code are each amended by striking ``section 263(c),
616(a),'' and inserting ``section 616(a)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 107. TERMINATION OF ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(f) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 108. TERMINATION OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL
WELLS.
(a) In General.--Section 45I of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 109. TERMINATION OF TREATMENT OF ALASKA NATURAL GAS PIPELINES AS
7-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(C)(iii) of the Internal Revenue
Code of 1986 is amended by inserting ``placed in service before the
date of the enactment of the Oil Industry Tax Break Repeal Act of
2007'' after ``Alaska natural gas pipeline''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 110. DENIAL OF DEDUCTION FOR LARGE INTEGRATED OIL COMPANIES FOR
INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 (relating to exceptions) is amended by
striking ``or'' at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, or'', and by inserting after
clause (iii) the following new clause:
``(iv) in the case of a taxpayer which is a
large integrated oil company, the sale,
exchange, or other disposition of oil, natural
gas, or any primary product thereof.''.
(b) Primary Product.--Section 199(c)(4)(B) of such Code is amended
by adding at the end the following flush sentence:
``For purposes of clause (iv), the term `primary
product' has the same meaning as when used in section
927(a)(2)(C), as in effect before its repeal.''.
(c) Large Integrated Oil Company.--Subsection (c) of section 199 of
such Code is amended by adding at the end the following new paragraph:
``(8) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 111. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL
COMPANIES.
(a) General Rule.--Notwithstanding any other provision of law, if a
taxpayer is an applicable integrated oil company for its last taxable
year ending in calendar year 2006, the taxpayer shall--
(1) increase, effective as of the close of such taxable
year, the value of each historic LIFO layer of inventories of
crude oil, natural gas, or any other petroleum product (within
the meaning of section 4611) by the layer adjustment amount,
and
(2) decrease its cost of goods sold for such taxable year
by the aggregate amount of the increases under paragraph (1).
If the aggregate amount of the increases under paragraph (1) exceed the
taxpayer's cost of goods sold for such taxable year, the taxpayer's
gross income for such taxable year shall be increased by the amount of
such excess.
(b) Layer Adjustment Amount.--For purposes of this section--
(1) In general.--The term ``layer adjustment amount''
means, with respect to any historic LIFO layer, the product
of--
(A) $18.75, and
(B) the number of barrels of crude oil (or in the
case of natural gas or other petroleum products, the
number of barrel-of-oil equivalents) represented by the
layer.
(2) Barrel-of-oil equivalent.--The term ``barrel-of-oil
equivalent'' has the meaning given such term by section
29(d)(5) (as in effect before its redesignation by the Energy
Tax Incentives Act of 2005).
(c) Application of Requirement.--
(1) No change in method of accounting.--Any adjustment
required by this section shall not be treated as a change in
method of accounting.
(2) Underpayments of estimated tax.--No addition to the tax
shall be made under section 6655 of the Internal Revenue Code
of 1986 (relating to failure by corporation to pay estimated
tax) with respect to any underpayment of an installment
required to be paid with respect to the taxable year described
in subsection (a) to the extent such underpayment was created
or increased by this section.
(d) Applicable Integrated Oil Company.--For purposes of this
section, the term ``applicable integrated oil company'' means an
integrated oil company (as defined in section 291(b)(4) of the Internal
Revenue Code of 1986) which has an average daily worldwide production
of crude oil of at least 500,000 barrels for the taxable year and which
had gross receipts in excess of $1,000,000,000 for its last taxable
year ending during calendar year 2006. For purposes of this subsection
all persons treated as a single employer under subsections (a) and (b)
of section 52 of the Internal Revenue Code of 1986 shall be treated as
1 person and, in the case of a short taxable year, the rule under
section 448(c)(3)(B) shall apply.
SEC. 112. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
(relating to credit for taxes of foreign countries and of possessions
of the United States) is amended by redesignating subsection (m) as
subsection (n) and by inserting after subsection (l) the following new
subsection:
``(m) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a large integrated oil company to a foreign
country or possession of the United States for any period shall
not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or possession.
``(4) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
TITLE II--ENERGY TRUST FUND
SEC. 201. DEDICATION OF RESULTING REVENUES TO THE ENERGY TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9511. ENERGY TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the `Energy Trust Fund',
consisting of such amounts as may be appropriated or credited to such
Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust.--There are hereby appropriated to the
Energy Trust Fund amounts equivalent to the revenues resulting from the
amendment made by the title I of the Oil Industry Tax Break Repeal Act
of 2007.
``(c) Expenditures.--Amounts in the Energy Trust Fund shall be
available, as provided in appropriation Acts, only for the purpose of
making expenditures--
``(1) to accelerate the use of clean domestic renewable
energy resources and alternative fuels;
``(2) to promote the utilization of energy-efficient
products and practices and conservation; and
``(3) to increase research, development, and deployment of
clean renewable energy and efficiency technologies.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9511. Energy Trust Fund.''. | Oil Industry Tax Break Repeal Act of 2007 - Amends the Internal Revenue Code to: (1) increase the amortization period for the geological and geophysical expenditures of certain large integrated oil companies (defined as having an average daily worldwide crude oil production level of at least 500,000 barrels and more than $1 billion in gross receipts) from five to seven years; (2) limit the oil depletion allowance; (3) terminate accelerated depreciation of natural gas distribution lines and Alaska natural gas pipelines, expensing of equipment used in refining of liquid fuels, the tax deduction for intangible drilling and development costs, and the tax credits for enhanced oil recovery and for producing oil and gas from marginal wells; (4) classify natural gas gathering lines as 15-year property for depreciation purposes; and (5) deny large integrated oil companies the tax deduction for income attributable to the domestic production of oil, natural gas, or related products.
Requires large integrated oil companies to revalue their LIFO inventories of crude oil, natural gas, or other petroleum products according to a specified formula. Denies such oil companies a foreign tax credit for payments to certain foreign countries from which they receive a specified economic benefit as a dual capacity taxpayer.
Establishes in the Treasury the Energy Trust Fund and directs the transfer to such Fund of revenues resulting from the repeal of oil industry tax benefits by this Act. |
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 ``Next Generation Homes Act of 2009''.
SEC. 2. MODIFICATION OF NEW ENERGY EFFICIENT HOME CREDIT.
(a) In General.--
(1) Modification of credit amount.--Paragraph (2) of
section 45L(a) of the Internal Revenue Code of 1986 (relating
to applicable amount) is amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to--
``(A) in the case of an Energy Star Home, $700,
``(B) in the case of an Energy Plus Home, $2,000,
``(C) in the case of an Energy Saver Home, $5,000,
and
``(D) in the case of Zero Energy Home, $10,000.''.
(2) Modification of energy saving requirement.--Subsection
(c) of section 45L of such Code is amended to read as follows:
``(c) Energy Savings Requirements.--
``(1) In general.--A dwelling unit meets the energy savings
requirements of this subsection if such unit is described in
paragraph (2).
``(2) Applicable dwelling units.--For purposes of this
section--
``(A) Energy star home.--The term `Energy Star
Home' means a dwelling unit which meets the
requirements established by the Administrator of the
Environmental Agency under the Energy Star Labeled
Homes program.
``(B) Energy plus home.--The term `Energy Plus
Home' means a dwelling unit which is certified under
the most recent Mortgage Industry National Home Energy
Rating Systems Standards as having a relative energy
use index value of more than 50, but not more than 70.
``(C) Energy saver home.--The term `Energy Saver
Home' means a dwelling unit which meets the
requirements of subparagraph (B) applied by
substituting `0' for `50' and `50' for `70'.
``(D) Zero energy home.--The term `Zero Energy
Home' means a dwelling unit which meets the
requirements of subparagraph (B) applied by
substituting `0' for `more than 50, but not more than
70'.''.
(3) Modification of termination.--Subsection (g) of section
45L of such Code (relating to termination) is amended to read
as follows:
``(g) Termination.--This section shall not apply to any qualified
new energy efficient home acquired after--
``(1) in the case of an Energy Star Home, December 31,
2011,
``(2) in the case of a Energy Star Home, December 31, 2013,
``(3) in the case of a Energy Plus Home, December 31, 2015,
and
``(4) in the case of a Zero Energy Home, December 31,
2018.''.
(b) Effective Date.--The amendments made by this section shall
apply to new energy efficient homes acquired after December 31, 2008.
SEC. 3. ENERGY EFFICIENT RESIDENCE CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. ENERGY EFFICIENT RESIDENCE CREDIT.
``(a) In General.--In the case of an individual who purchases a
qualified energy efficient residence in the United States during a
taxable year, there shall be allowed as a credit against the tax
imposed by this chapter for such taxable year an amount equal to the
applicable amount determined under subsection (c).
``(b) Qualified Energy Efficient Residence.--For purposes of this
section, the term `qualified energy efficient residence' means any
principal residence (within the meaning of section 121) of the taxpayer
which is an Energy Star Home, Energy Plus Home, Energy Saver Home, or
Zero Energy Home (as each is defined in section 45L(c)(2)).
``(c) Applicable Amount.--For purposes of this section--
``(1) In general.--The applicable amount shall be--
``(A) in the case of an Energy Star Home, $700,
``(B) in the case of an Energy Plus Home, $2,000,
``(C) in the case of an Energy Saver Home, $5,000,
and
``(D) in the case of Zero Energy Home, $10,000.
``(2) Married filing separately.--In the case of a married
individual filing a separate return, the applicable amount
shall be 50 percent of the amount in effect under paragraph (1)
applicable to the qualified energy efficient home involved.
``(3) Other individuals.--If two or more individuals who
are not married purchase a principal residence, the amount of
the credit allowed under subsection (a) shall be allocated
among such individuals in such manner as the Secretary may
prescribe, except that the total amount of the credits allowed
to all such individuals shall not exceed the amount in effect
under paragraph (1) applicable to the qualified energy
efficient home involved.
``(d) Definition and Special Rules.--For purposes of this section--
``(1) Purchase.--The term `purchase' shall have the meaning
given such term by section 36.
``(2) Rules made applicable.--Rules similar to the rules of
subsections (d) and (f) of section 36 shall apply. For purposes
of the preceding sentence, such subsection (f) shall be applied
without regard to paragraph (4)(D) thereof.
``(e) Termination.--This section shall not apply to any qualified
energy efficient residence purchased after--
``(1) in the case of an Energy Star Home, December 31,
2011,
``(2) in the case of a Energy Star Home, December 31, 2013,
``(3) in the case of a Energy Plus Home, December 31, 2015,
and
``(4) in the case of a Zero Energy Home, December 31,
2018.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Energy efficient residence credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to residences purchased after the date of the enactment of this
Act. | Next Generation Homes Act of 2009 - Amends the Internal Revenue Code to: (1) increase the dollar limits on the new energy efficient home tax credit and revise the energy savings requirements for such credit; and (2) allow a new tax credit for the purchase of an energy efficient 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 ``Clinical Research Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Strong academic health centers are essential to a
vigorous clinical research enterprise.
(2) Breakthroughs in basic biomedical sciences over the
past 5 decades have provided an unprecedented supply of
information for improving human health and preventing disease.
(3) Translating the information gained through these basic
discoveries into knowledge that will impact clinical practice
and ultimately human health requires strong clinical research
institutions.
(4) The enhancement of clinical research career programs
and opportunity will sustain the momentum of the discovery,
development, and delivery of important health advances.
(5) Without a sound infrastructure to accomplish this
translation in a systematic and coherent way, the sum of data
and information produced by the basic science enterprise will
not result in tangible public benefit.
(6) The clinical research environment is increasingly
encumbered by incompatible databases, shortage of qualified
investigators, rising costs, inadequate funding, and mounting
unreimbursed regulatory burdens such as human subject research
protections and additional record-keeping requirements under
the Health Insurance Portability and Accountability Act of
1996.
SEC. 3. DEFINITIONS.
In this Act:
(1) Clinical research.--The term ``clinical research''
means--
(A) patient-oriented clinical research conducted
with human subjects;
(B) research on the causes and consequences of
disease in human populations involving material of
human origin (such as tissue specimens and cognitive
phenomena) for which an investigator or colleague
directly interacts with human subjects in an outpatient
or inpatient setting to clarify a problem in human
physiology, pathophysiology or disease;
(C) epidemiologic or behavioral studies;
(D) outcomes research;
(E) health services research; or
(F) development of new technologies, therapeutic
interventions, or clinical trials.
(2) Director.--The term ``Director'' means the Director of
the National Institutes of Health.
(3) Eligible academic health center.--The term ``eligible
academic health center'' means an academic institution and an
affiliated teaching hospital, a teaching hospital, an
independent research institute, or a consortium of research
institutions which conduct clinical research and receive funds
from the Department of Health and Human Services for basic,
applied, or clinical biomedical or behavioral research in the
fields of dentistry, medicine, or nursing.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. CLINICAL INVESTIGATOR ADVANCEMENT GRANTS.
(a) Authorization.--For the purposes described in subsection (b),
the Director shall make a clinical investigator advancement grant in
the amount determined under subsection (d) to each eligible academic
health center that submits an application in accordance with this
section.
(b) Purposes.--A grant under this section to an eligible academic
health center shall be used only for the following purposes:
(1) To establish career development programs for new and
mid-level clinician-investigators who are fully committed to
academic clinical research careers.
(2) To support the translation of basic science to patient
care by implementing and conducting all aspects of their
clinical research mission.
(3) To support activities leading to innovative ways to
meet the purposes described in paragraphs (1) and (2) in an
efficient and cost effective manner.
(c) Career Development Programs.--
(1) Use of funds.--In implementing a career development
program under subsection (b)(1), the Director may conduct or
support activities to provide financial assistance and other
support to--
(A) young clinical researchers receiving peer-
reviewed grants who wish to make the transition to
research independence;
(B) experienced scientists who wish to broaden
their scientific capabilities; and
(C) other medical personnel who are critical to the
conduct of clinical research activities.
(2) Salary cap.--Notwithstanding paragraph (1), no funds
under this section may be used to increase the rate of pay of
an individual to a rate greater than the rate of basic pay for
level I of the Executive Schedule.
(d) Allocation.--Of the amount appropriated to carry out this
section for a fiscal year, the Director shall allocate such
appropriated amount among the eligible academic health centers
receiving a grant under this section in an amount that bears the same
relation to such appropriated amount as the investment in clinical
research of the grantee involved bears to the total investment in
clinical research of all eligible grantees under this section.
(e) Applications.--To seek a grant under this section, an eligible
academic health center shall submit an application to the Director in
such manner, at such time, and containing such information and
assurances as the Director may require.
(f) Reports.--The Director shall require each recipient of a grant
under this section to submit an annual report to the Director detailing
how the recipient has used the grant to meet the purposes described in
subsection (b).
(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $40,000,000 for each of the
fiscal years 2006 through 2010.
SEC. 5. CLINICAL RESEARCH INFRASTRUCTURE GRANTS.
(a) Authorization.--The Director shall make clinical research
infrastructure grants on a competitive basis to eligible academic
health centers.
(b) Use of Funds.--The Director may not make a grant to an eligible
academic health center under this section unless the center agrees to
use the grant only for the following:
(1) Fostering the use of information technology to
facilitate the transformation of basic research findings on
disease mechanisms into the development of new methodologies
for diagnosis, therapy, and prevention.
(2) To devise, deploy, and support new technologies that
facilitate the clinical investigators' ability to--
(A) improve the safety of human subjects in
clinical research;
(B) ensure the confidentiality of research data;
and
(C) streamline the regulatory processes to ensure
better compliance for clinical research.
(3) Addressing the many obstacles impeding the expeditious
application of new science, such as--
(A) a lack of up-to-date information technology
systems;
(B) incompatible databases;
(C) a lack of connectivity between academic health
centers, teaching hospitals, and independent research
institutes;
(D) the absence of a coordinated strategy to
enhance public understanding of, support for, and
participation in clinical research; and
(E) the underrepresentation of some populations in
clinical research.
(4) Sharing clinical research infrastructure across
academic health centers to enable and facilitate cross-center
clinical research collaborations.
(c) Reports.--The Director shall require each recipient of a grant
under this section to submit an annual report to the Director detailing
how the recipient has used the grant to meet the objectives described
in subsection (b).
(d) Applications.--To seek a grant under this section, an eligible
academic health center shall submit an application to the Director in
such manner, at such time, and containing such information and
assurances as the Director may require.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $125,000,000 for each of fiscal
years 2006 through 2010.
SEC. 6. DEMONSTRATION PROGRAM ON PARTNERSHIPS IN CLINICAL RESEARCH.
(a) Grants.--The Secretary may make grants to not more than 5
eligible academic health centers to form partnerships between the
center involved and health care providers for carrying out clinical
human subject research for the purpose of demonstrating how academic
research centers may collaborate with the practicing health care
community in such research.
(b) Maximum Amount.--The Secretary may not make a grant to any
eligible academic health center under this section in an amount that is
greater than $5,000,000.
(c) Applications.--To seek a grant under this section, an eligible
academic health center shall submit an application to the Director in
such manner, at such time, and containing such information and
assurances as the Director may require.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $25,000,000 for the period of
fiscal years 2006 through 2010. | Clinical Research Act of 2005 - Requires the Director of the National Institutes of Health (NIH) to award clinical investigator advancement grants to eligible academic health centers to: (1) establish career development programs for new and mid-level clinician-investigators who are fully committed to academic clinical research careers; (2) support the translation of basic science to patient care by implementing and conducting all aspects of their clinical research mission; and (3) support activities leading to innovative ways to achieve such purposes in an efficient and cost-effective manner. Requires that health centers receive a proportionate share of the total grant money awarded based on the amount invested by the grantee in clinical research compared to the total clinical research investment of all grantees.
Requires the Director to award clinical research infrastructure grants to eligible academic health centers to: (1) foster the use of information technology to facilitate the transformation of basic research findings on disease mechanisms into the development of new methodologies for diagnosis, therapy, and prevention; (2) devise, deploy, and support new technologies to improve the safety of human subjects, ensure the confidentiality of research data, and streamline the regulatory processes; (3) address the obstacles impeding the expeditious application of new science, including a lack of up-to-date information technology systems and an underrepresentation of some populations in clinical research; and (4) share clinical research infrastructure across academic health centers to enable and facilitate cross-center clinical research collaborations.
Allows the Secretary of Health and Human Services to make up to five grants to eligible academic health centers to form partnerships with health care providers for carrying out clinical human subject research to demonstrate how academic research centers may collaborate with the practicing health care community. |
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 ``Lawful Intelligence and Surveillance
of Terrorists in an Emergency by NSA Act'' or the ``LISTEN Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Conducting electronic surveillance of al Qaeda and
other international terrorist groups is integral to protecting
people in the United States from terrorism. Electronic
surveillance can assist in the detection and prevention of
terrorist plots.
(2) Electronic surveillance may, at times, involve
surveillance of persons in the United States. Such electronic
surveillance is lawful if conducted in accordance with the
Fourth Amendment to the Constitution and the Foreign
Intelligence Surveillance Act of 1978 or chapters 119 or 121 of
title 18, United States Code.
(3) It is essential that in protecting the United States
from enemies, the President does not compromise the civil
liberties that the President is charged with safeguarding. In
2004, Justice Sandra Day O'Connor explained in a plurality
opinion for the Supreme Court in Hamdi v. Rumsfeld, ``We have
long since made clear that a state of war is not a blank check
for the President when it comes to the rights of the Nation's
citizens''.
(4) Section 8 of article I of the Constitution of the
United States provides that ``Congress shall have the Power . .
. to make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers and all other
Powers vested in this Constitution in the Government of the
United States, or in any Department or Officer thereof''.
(5) In passing the Foreign Intelligence Surveillance Act of
1978, Congress expressly determined that the Foreign
Intelligence Surveillance Act of 1978 and chapters 119 and 121
of title 18, United States Code, are the exclusive means by
which surveillance can be conducted in the United States.
(6) The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) authorizes the Federal Government to
conduct electronic surveillance of persons in the United States
for purposes of gathering intelligence and counterintelligence.
The Act contains emergency procedures under which electronic
surveillance may begin up to 72 hours before the Federal
Government presents to the Foreign Intelligence Surveillance
Court an application for a court order approving electronic
surveillance.
(7) The Fourth Amendment to the Constitution of the United
States declares that ``The right of the people to be secure in
their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized''.
(8) A determination of reasonableness under the Fourth
Amendment must ultimately be made by an independent magistrate,
not by an executive branch official.
(9) The Authorization for Use of Military Force (Public Law
107-40), passed by Congress on September 14, 2001, does not
constitute legal authorization for electronic surveillance not
authorized by chapters 119 or 121 of title 18, United States
Code, or the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
SEC. 3. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES
CODE, AND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978 AS THE EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC
SURVEILLANCE MAY BE CONDUCTED.
Notwithstanding any other provision of law, chapters 119 and 121 of
title 18, United States Code, and the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by
which electronic surveillance may be conducted.
SEC. 4. COMPLIANCE WITH FISA REQUIREMENTS.
(a) Ensuring Compliance.--The President shall ensure that all
electronic surveillance of persons in the United States is conducted in
accordance with chapters 119 or 121 of title 18, United States Code, or
title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.).
(b) Procedures.--The President shall ensure that the procedures for
applying for an order for electronic surveillance under title I of the
Foreign Intelligence Surveillance Act of 1978 continue to be adequate
for the timely and efficient electronic surveillance of appropriate
targets.
(c) Report.--
(1) In general.--If at any time the President determines
that the procedures described in subsection (b) are not
adequate for the timely and efficient electronic surveillance
of appropriate targets in accordance with title I of the
Foreign Intelligence Surveillance Act of 1978, the President
shall submit to the relevant congressional committees a report
containing findings and recommendations with respect to
emergency applications and, to the extent deemed necessary by
the President, routine applications for an order under such
title on--
(A) the level of resources and personnel needed at
the National Security Agency and the Department of
Justice to handle such applications to the Foreign
Intelligence Surveillance Court;
(B) the need for new information technology systems
to facilitate the near real-time approval of such
applications to the Foreign Intelligence Surveillance
Court;
(C) how to streamline the processing of information
that must be presented to the Foreign Intelligence
Surveillance Court for such an application;
(D) how to expedite review within the National
Security Agency, the Department of Justice, or other
appropriate agencies or departments of such
applications before such an application is submitted to
the Attorney General;
(E) whether a senior official reporting to the
Attorney General, such as the Deputy Attorney General
or the Assistant Attorney General for National
Security, should be authorized to approve such
applications; and
(F) the need for any legislative changes to improve
such procedures.
(2) Date of submission.--The report under paragraph (1)
shall be submitted to the relevant congressional committees not
later than 30 days after the date on which the President
determines under such paragraph that the procedures described
in subsection (b) are not adequate for the timely electronic
surveillance of appropriate targets in the United States.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize the President to conduct electronic surveillance
other than in accordance with title I of the Foreign Intelligence
Surveillance Act of 1978 or chapters 119 or 121 of title 18, United
States Code.
SEC. 5. AUTHORIZATION FOR INCREASED RESOURCES TO PROCESS FOREIGN
INTELLIGENCE SURVEILLANCE ACT APPLICATIONS.
There are authorized to be appropriated to the National Security
Agency and the Department of Justice for the activities of the Office
of Intelligence Policy and Review such sums as may be necessary to meet
the increased personnel and information technology demands to ensure
the timely and efficient processing of applications to the Foreign
Intelligence Surveillance Court.
SEC. 6. DEFINITIONS.
In this Act:
(1) Electronic surveillance.--The term ``electronic
surveillance'' has the meaning given the term in section 101(f)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(f)).
(2) Foreign intelligence surveillance court.--The term
``Foreign Intelligence Surveillance Court'' has the meaning
given the term in section 301(3) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1821(3)).
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Permanent Select Committee
on Intelligence and the Committee on the Judiciary of the House
of Representatives and the Select Committee on Intelligence and
the Committee on the Judiciary of the Senate. | Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act or LISTEN Act - States that specified provisions of federal criminal law concerning wire and electronic communications and their interception and the Foreign Intelligence Surveillance Act of 1978 (FISA) shall be the exclusive means by which domestic electronic surveillance may be conducted. Directs the President to ensure that: (1) all electronic surveillance of persons in the United States is conducted within those exclusive means; and (2) the procedures for applying for an order for electronic surveillance under FISA continue to be adequate for the timely and efficient electronic surveillance of appropriate targets.
Requires: (1) the President to report to the congressional intelligence and judiciary committees upon a determination that such procedures are inadequate; and (2) the report to contain findings and recommendations with respect to emergency or routine applications for such orders.
Authorizes appropriations to the National Security Agency (NSA) and the Department of Justice (DOJ) for activities of the Office of Intelligence Policy and Review to ensure the timely and efficient processing of applications to the Foreign Intelligence Surveillance Court. |
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 ``21st Century Energy Workforce Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the energy sector is the third-largest industry in the
United States;
(2) 1,500,000 new skilled workers will be needed in the
energy sector over the next 15 years; and
(3) a skilled workforce is a critical component of ensuring
the growth of the energy sector in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Apprenticeship program.--The term ``apprenticeship
program'' means--
(A) an apprenticeship program registered with the
Department of Labor as of the date of enactment of this
Act that has a completion rate for participants of not
less than 60 percent; or
(B) an apprenticeship program not registered with
the Department of Labor as of the date of enactment of
this Act, but that the Secretary determines should be
eligible for a grant under section 5.
(2) Board.--The term ``Board'' means the National Center of
Excellence for the 21st Century Workforce Advisory Board
established under section 4(a).
(3) Community college.--The term ``community college''
means a junior or community college (as defined in section
312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f))).
(4) Program.--The term ``program'' means the pilot program
established under section 5(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Veterans service organization.--The term ``veterans
service organization'' means an organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
SEC. 4. NATIONAL CENTER OF EXCELLENCE FOR THE 21ST CENTURY WORKFORCE.
(a) In General.--The Secretary shall establish a nationwide
advisory board, to be known as the ``National Center of Excellence for
the 21st Century Workforce Advisory Board'', to foster strategic
vision, guidance, and networks for the energy industry.
(b) Representatives.--The members of the Board shall consist of
energy sector stakeholders, including--
(1) representatives of relevant industries;
(2) experts in labor, economics, and workforce development;
(3) representatives of States and units of local
government;
(4) representatives of elementary and secondary education
and postsecondary education; and
(5) representatives of labor organizations.
(c) Purposes.--The purposes of the Board are--
(1) to support and develop training and science education
programs that--
(A) meet the industry and labor needs of the energy
sector; and
(B) provide opportunities for students to become
qualified for placement in traditional and clean energy
sector jobs;
(2) to align apprenticeship programs and industry
certifications to further develop succession planning in the
energy sector;
(3) to integrate educational standards to develop
foundational skills for elementary and secondary education and
postsecondary education to create a pipeline between education
and career; and
(4) to support the replication of existing model energy
curricula.
SEC. 5. ENERGY WORKFORCE PILOT GRANT PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of Labor
and the Secretary of Education, shall establish a pilot program to
award grants on a competitive basis to eligible entities for job
training to obtain an industry-recognized credential.
(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall be a public or nonprofit organization that--
(1) includes an advisory board of proportional
participation, as determined by the Secretary, of relevant
organizations, including--
(A) relevant energy industry organizations,
including public and private employers;
(B) labor organizations; and
(C) elementary and secondary education and
postsecondary education organizations;
(2) demonstrates experience in implementing and operating
job training and education programs;
(3) demonstrates the ability to recruit and support
individuals who plan to work in the energy industry in the
successful completion of relevant job training and education
programs; and
(4) provides students who complete the job training and
education program with an industry-recognized credential.
(c) Applications.--Eligible entities desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
(d) Priority.--In selecting eligible entities to receive grants
under this section, the Secretary shall prioritize applicants that--
(1) house the job training and education programs in--
(A) a community college or institution of higher
education that includes basic science and math
education in the curriculum of the community college,
institution of higher education; or
(B) an apprenticeship program, and with respect to
such apprenticeship programs described in section
3(1)(B), the Secretary shall further prioritize such
programs that can demonstrate to the Secretary a
completion rate for participants of not less than 60
percent;
(2) work with the Secretary of Defense or veterans
organizations to transition members of the Armed Forces and
veterans to careers in the energy sector;
(3) apply as a State or regional consortia to leverage best
practices already available in the State or region in which the
community college or institution of higher education is
located;
(4) have a State-supported entity included in the
application;
(5) include an apprenticeship program as part of the job
training and education program;
(6) develop a mentorship program for energy professionals
and elementary and secondary education students;
(7) provide support services and career coaching;
(8) provide introductory energy workforce development
training; or
(9) provide industry-affiliated pre-apprenticeship
programs, including intensive skill-building programs and
intensive short-term programs.
(e) Additional Consideration.--In making grants under this section,
the Secretary shall consider regional diversity.
(f) Limitation on Applications.--An eligible entity may not submit,
either individually or as part of a joint application, more than 1
application for a grant under this section during any 1 fiscal year.
(g) Limitations on Amount of Grant.--The amount of a grant for any
1 year shall not exceed $1,000,000.
(h) Costs.--
(1) Federal share.--The Federal share of the cost of a job
training and education program carried out using a grant under
this section shall be not greater than 65 percent.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the cost
of a job training and education program carried out
using a grant under this section shall consist of not
less than 50 percent cash.
(B) Limitation.--Not greater than 50 percent of the
non-Federal contribution of the total cost of a job
training and education program carried out using a
grant under this section shall be in the form of in-
kind contributions of goods or services fairly valued.
(i) Reduction of Duplication.--Prior to submitting an application
for a grant under this section, each applicant shall consult with the
applicable agencies of the Federal Government and coordinate the
proposed activities of the applicant with existing State and local
programs.
(j) Technical Assistance.--The Secretary shall provide technical
assistance and capacity building to national and State energy
partnerships, including the entities described in subsection (b)(1), to
leverage the existing job training and education programs of the
Department of Energy.
(k) Report.--The Secretary shall submit to Congress and make
publicly available on the website of the Department of Energy an annual
report on the program established under this section, including a
description of--
(1) the entities receiving grants;
(2) the activities carried out using the grants;
(3) best practices used to leverage the investment of the
Federal Government;
(4) the rate of employment for participants after
completing a job training and education program carried out
using a grant; and
(5) an assessment of the results achieved by the program.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2017 through 2020. | 21st Century Energy Workforce Act This bill directs the Department of Energy (DOE) to establish a National Center of Excellence for the 21st Century Workforce Advisory Board to: (1) support and develop training and science education programs, (2) align apprenticeship programs and industry certifications to further develop succession planning in the energy sector, (3) integrate educational standards to develop foundational skills for elementary and secondary education and postsecondary education to create a pipeline between education and career, and (4) support the replication of existing model energy curricula. DOE shall also establish a pilot program to award grants on a competitive basis to eligible entities for job training to obtain an industry-recognized credential. Grant amounts are limited to $1 million for any one year. The federal share of the cost of a job training and education program using a grant shall be up to 65%, while the non-federal share may not be less than 50% cash. |
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 ``Truth in Budgeting Act''.
SEC. 2. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND, AIRPORT AND AIRWAY
TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR
MAINTENANCE TRUST FUND.
(a) In General.--Notwithstanding any other provision of law except
the Line Item Veto Act of 1996, the receipts and disbursements of the
Highway Trust Fund, the Airport and Airway Trust Fund, the Inland
Waterways Trust Fund, and the Harbor Maintenance Trust Fund--
(1) shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
(A) the budget of the United States Government as
submitted by the President,
(B) the congressional budget (including allocations
of budget authority and outlays provided therein), or
(C) the Balanced Budget and Emergency Deficit
Control Act of 1985; and
(2) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government.
(b) Limitation on Interest Paid to Trust Funds.--
(1) In general.--Paragraph (3) of section 9602(b) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new sentence: ``The amount of interest credited
to the Airport and Airway Trust Fund, the Highway Trust Fund,
the Harbor Maintenance Trust Fund, or the Inland Waterways
Trust Fund for any fiscal year shall not exceed the amount of
interest which would be credited to such Fund if such interest
were determined at the average interest rate on 52-week
Treasury securities sold to the public during such fiscal
year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to fiscal years beginning after the date of the
enactment of this Act.
SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY
TRUST FUND.
(a) In General.--Chapter 471 of title 49, United States Code, is
amended--
(1) by redesignating section 47131 as section 47132; and
(2) by inserting after section 47130 the following new
section:
``Sec. 47131. Safeguards against deficit spending
``(a) Estimates of Unfunded Aviation Authorizations and Net
Aviation Receipts.--Not later than March 31 of each year, the
Secretary, in consultation with the Secretary of the Treasury, shall
estimate--
``(1) the amount which would (but for this section) be the
unfunded aviation authorizations at the close of the first
fiscal year that begins after that Mach 31, and
``(2) the net aviation receipts at the close of such fiscal
year.
``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the
Secretary determines for any fiscal year that the amount described in
subsection (a)(1) exceeds the amount described in subsection (a)(2),
the Secretary shall determine the amount of such excess.
``(c) Adjustment of Authorizations if Unfunded Authorizations
Exceed Receipts.--
``(1) Determination of percentage.--If the Secretary
determines that there is an excess referred to in subsection
(b) for a fiscal year, the Secretary shall determine the
percentage which--
``(A) such excess, is of
``(B) the total of the amounts authorized to be
appropriated from the Airport and Airway Trust Fund for
the next fiscal year.
``(2) Adjustment of authorizations.--If the Secretary
determines a percentage under paragraph (1), each amount
authorized to be appropriated from the Airport and Airway Trust
Fund for the next fiscal year shall be reduced by such
percentage.
``(d) Availability of Amounts Previously Withheld.--
``(1) Adjustment of authorizations.--If, after a reduction
has been made under subsection (c)(2), the Secretary determines
that the amount described in subsection (a)(1) does not exceed
the amount described in subsection (a)(2) or that the excess
referred to in subsection (b) is less than the amount
previously determined, each amount authorized to be
appropriated that was reduced under subsection (c)(2) shall be
increased, by an equal percentage, to the extent the Secretary
determines that it may be so increased without causing the
amount described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) (but not by more than the amount
of the reduction).
``(2) Apportionment.--The Secretary shall apportion amounts
made available for apportionment by paragraph (1).
``(3) Period of availability.--Any funds apportioned under
paragraph (2) shall remain available for the period for which
they would be available if such apportionment took effect with
the fiscal year in which they are apportioned under paragraph
(2).
``(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be reported by
the Secretary to Congress.
``(f) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Net aviation receipts.--The term `net aviation
receipts' means, with respect to any period, the excess of--
``(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such period, over
``(B) the amounts to be transferred during such
period from the Airport and Airway Trust Fund under
section 9502(d) of the Internal Revenue Code of 1986
(other than paragraph (1) thereof).
``(2) Unfunded aviation authorizations.--The term `unfunded
aviation authorization' means, at any time, the excess (if any)
of--
``(A) the total amount authorized to be
appropriated from the Airport and Airway Trust Fund
which has not been appropriated, over
``(B) the amount available in the Airport and
Airway Trust Fund at such time to make such
appropriation (after all other unliquidated obligations
at such time which are payable from the Airport and
Airway Trust Fund have been liquidated).''.
(b) Conforming Amendment.--The analysis for chapter 471 of title
49, United States Code, is amended by striking
``47131. Annual report.''
and inserting the following:
``47131. Safeguards against deficit spending.
``47132. Annual report.''.
SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS
TRUST FUND AND HARBOR MAINTENANCE TRUST FUND.
(a) Estimates of Unfunded Inland Waterways Authorizations and Net
Inland Waterways Receipts.--Not later than March 31 of each year, the
Secretary of the Army, in consultation with the Secretary of the
Treasury, shall estimate--
(1) the amount which would (but for this section) be the
unfunded inland waterways authorizations and unfunded harbor
maintenance authorizations at the close of the first fiscal
year that begins after that March 31; and
(2) the net inland waterways receipts and net harbor
maintenance receipts at the close of such fiscal year.
(b) Procedure If Excess Unfunded Inland Waterways Authorizations.--
If the Secretary of the Army determines with respect to the Inland
Waterways Trust Fund or the Harbor Maintenance Trust Fund for any
fiscal year that the amount described in subsection (a)(1) exceeds the
amount described in subsection (a)(2), the Secretary shall determine
the amount of such excess.
(c) Adjustment of Authorizations if Unfunded Authorizations Exceed
Receipts.--
(1) Determination of percentage.--If the Secretary of the
Army determines that there is an excess referred to in
subsection (b) for a fiscal year, the Secretary of the Army
shall determine the percentage which--
(A) such excess, is of
(B) the total of the amounts authorized to be
appropriated from the Inland Waterways Trust Fund or
the Harbor Maintenance Trust Fund, as the case may be,
for the next fiscal year.
(2) Adjustment of authorizations.--If the Secretary of the
Army determines a percentage under paragraph (1), each amount
authorized to be appropriated from the Trust Fund for the next
fiscal year shall be reduced by such percentage.
(d) Availability of Amounts Previously Withheld.--If, after an
adjustment has been made under subsection (c)(2), the Secretary of the
Army determines with respect to the Inland Waterways Trust Fund or the
Harbor Maintenance Trust Fund that the amount described in subsection
(a)(1) does not exceed the amount described in subsection (a)(2) or
that the excess referred to in subsection (b) with respect to the Trust
Fund is less than the amount previously determined, each amount
authorized to be appropriated that was reduced under subsection (c)(2)
with respect to the Trust Fund shall be increased, by an equal
percentage, to the extent the Secretary of the Army determines that it
may be so increased without causing the amount described in subsection
(a)(1) to exceed with respect to the Trust Fund the amount described in
subsection (a)(2) (but not by more than the amount of the reduction).
(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be reported by
the Secretary of the Army to Congress.
(f) Definitions.--For purposes of this section the following
definitions apply:
(1) Airport and airway trust fund.--The term ``Airport and
Airway Trust Fund'' means the Airport and Airway Trust Fund
established by section 9502 of the Internal Revenue Code of
1986.
(2) Harbor maintenance trust fund.--The term ``Harbor
Maintenance Trust Fund'' means the Harbor Maintenance Trust
Fund established by section 9505 of the Internal Revenue Code
of 1986.
(3) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503 of the
Internal Revenue Code of 1986.
(4) Inland waterways trust fund.--The term ``Inland
Waterways Trust Fund'' means the Inland Waterways Trust Fund
established by section 9506 of the Internal Revenue Code of
1986.
(5) Net harbor maintenance receipts.--The term ``net harbor
maintenance receipts'' means, with respect to any period, the
receipts (including interest) of the Harbor Maintenance Trust
Fund during such period.
(6) Net inland waterways receipts.--The term ``net inland
waterways receipts'' means, with respect to any period, the
receipts (including interest) of the Inland Waterways Trust
Fund during such period.
(7) Unfunded inland waterways authorizations.--The term
``unfunded inland waterways authorizations'' means, at any
time, the excess (if any) of--
(A) the total amount authorized to be appropriated
from the Inland Waterways Trust Fund which has not been
appropriated, over
(B) the amount available in the Inland Waterways
Trust Fund at such time to make such appropriations.
(8) Unfunded harbor maintenance authorizations.--The term
``unfunded harbor maintenance authorizations'' means, at any
time, the excess (if any) of--
(A) the total amount authorized to be appropriated
from the Harbor Maintenance Trust Fund which has not
been appropriated, over
(B) the amount available in the Harbor Maintenance
Trust Fund at such time to make such appropriations.
SEC. 5. APPLICABILITY.
This Act (including the amendments made by this Act) shall apply to
fiscal years beginning after September 30, 1995.
Passed the House of Representatives April 17, 1996.
Attest:
Clerk. | Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations do or do not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated from the Airport and Airway Trust Fund based on the difference. Sets forth similar provisions with respect to the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund. |
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 ``Compacts of Free Association
Amendments Act of 2005''.
SEC. 2. APPROVAL OF AGREEMENTS.
Section 101 of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921) is amended--
(1) in the first sentence of subsection (a), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the Government
of the Federated States of Micronesia, as amended under the
Agreement to Amend Article X that was signed by those 2
Governments on June 30, 2004, which shall serve as the
authority to implement the provisions thereof''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the Government
of the Republic of the Marshall Islands, as amended under the
Agreement to Amend Article X that was signed by those 2
Governments on June 18, 2004, which shall serve as the
authority to implement the provisions thereof''.
SEC. 3. CONFORMING AMENDMENT.
Section 105(f)(1) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921d(f)(1)) is amended by striking subparagraph (A)
and inserting the following:
``(A) Emergency and disaster assistance.--
``(i) In general.--Subject to clause (ii),
section 221(a)(6) of the U.S.-FSM Compact and
section 221(a)(5) of the U.S.-RMI Compact shall
each be construed and applied in accordance
with the 2 Agreements to Amend Article X of the
Federal Programs and Service Agreements signed
on June 30, 2004, and on June 18, 2004,
respectively.
``(ii) Definition of will provide
funding.--In the second sentence of paragraph
12 of each of the Agreements described in
clause (i), the term `will provide funding'
means will provide funding through a transfer
of funds using Standard Form 1151 or a similar
document or through an interagency,
reimbursable agreement.''.
SEC. 4. CLARIFICATIONS REGARDING PALAU.
Section 105(f)(1)(B) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended--
(1) in clause (ii)(II), by striking ``and its territories''
and inserting ``, its territories, and the Republic of Palau'';
(2) in clause (iii)(II), by striking ``, or the Republic of
the Marshall Islands'' and inserting ``, the Republic of the
Marshall Islands, or the Republic of Palau''; and
(3) in clause (ix)--
(A) by striking ``Republic'' both places it appears
and inserting ``government, institutions, and people'';
(B) by striking ``2007'' and inserting ``2009'';
and
(C) by striking ``was'' and inserting ``were''.
SEC. 5. AVAILABILITY OF LEGAL SERVICES.
Section 105(f)(1)(C) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended by inserting before
the period at the end the following: ``, which shall also continue to
be available to the citizens of the Federated States of Micronesia, the
Republic of Palau, and the Republic of the Marshall Islands who legally
reside in the United States (including territories and possessions)''.
SEC. 6. TECHNICAL AMENDMENTS.
(a) Title I.--
(1) Section 177 agreement.--Section 103(c)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(c)(1)) is amended by striking ``section 177'' and
inserting ``Section 177''.
(2) Interpretation and united states policy.--Section 104
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c) is amended--
(A) in subsection (b)(1), by inserting ``the''
before ``U.S.-RMI Compact,'';
(B) in subsection (e)--
(i) in the matter preceding subparagraph
(A) of paragraph (8) , by striking ``to
include'' and inserting ``and include'';
(ii) in paragraph (9)(A), by inserting a
comma after ``may''; and
(iii) in paragraph (10), by striking
``related to service'' and inserting ``related
to such services''; and
(C) in the first sentence of subsection (j), by
inserting ``the'' before ``Interior''.
(3) Supplemental provisions.--Section 105(b)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(b)(1)) is amended by striking ``Trust Fund'' and
inserting ``Trust Funds''.
(b) Title II.--
(1) U.S.-FSM compact.--The Compact of Free Association, as
amended, between the Government of the United States of America
and the Government of the Federated States of Micronesia (as
provided in section 201(a) of the Compact of Free Association
Amendments Act of 2003 (117 Stat. 2757)) is amended--
(A) in section 174--
(i) in subsection (a), by striking
``courts'' and inserting ``court''; and
(ii) in subsection (b)(2), by striking
``the'' before ``November'';
(B) in section 177(a), by striking ``, or Palau''
and inserting ``(or Palau)'';
(C) in section 179(b), strike ``amended Compact''
and inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection
(a), by striking ``Compact, as Amended, of Free
Association'' and inserting ``Compact of Free
Association, as amended'';
(ii) in the fifth sentence of subsection
(a), by striking ``Trust Fund Agreement,'' and
inserting ``Agreement Between the Government of
the United States of America and the Government
of the Federated States of Micronesia
Implementing Section 215 and Section 216 of the
Compact, as Amended, Regarding a Trust Fund
(Trust Fund Agreement),'';
(iii) in subsection (b)--
(I) in the first sentence, by
striking ``Government of the'' before
``Federated''; and
(II) in the second sentence, by
striking ``Sections 321 and 323 of the
Compact of Free Association, as
Amended'' and inserting ``Sections
211(b), 321, and 323 of the Compact of
Free Association, as amended,''; and
(iv) in the last sentence of subsection
(d), by inserting before the period at the end
the following: ``and the Federal Programs and
Services Agreement referred to in section
231'';
(E) in the first sentence of section 215(b), by
striking ``subsection(a)'' and inserting ``subsection
(a)'';
(F) in section 221--
(i) in subsection (a)(6), by inserting
``(Federal Emergency Management Agency)'' after
``Homeland Security''; and
(ii) in the first sentence of subsection
(c), by striking ``agreements'' and inserting
``agreement'';
(G) in the second sentence of section 222, by
inserting ``in'' after ``referred to'';
(H) in the second sentence of section 232, by
striking ``sections 102 (c)'' and all that follows
through ``January 14, 1986)'' and inserting ``section
102(b) of Public Law 108-188, 117 Stat. 2726, December
17, 2003'';
(I) in the second sentence of section 252, by
inserting ``, as amended,'' after ``Compact'';
(J) in the first sentence of the first undesignated
paragraph of section 341, by striking ``Section 141''
and inserting ``section 141'';
(K) in section 342--
(i) in subsection (a), by striking ``14
U.S.C. 195'' and inserting ``section 195 of
title 14, United States Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C.
1295(b)(6)'' and inserting ``section
1303(b)(6) of the Merchant Marine Act,
1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C.
1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';
(L) in the third sentence of section 354(a), by
striking ``section 442 and 452'' and inserting
``sections 442 and 452'';
(M) in section 461(h), by striking
``Telecommunications'' and inserting
``Telecommunication'';
(N) in section 462(b)(4), by striking ``of Free
Association'' the second place it appears; and
(O) in section 463(b), by striking ``Articles IV''
and inserting ``Article IV''.
(2) U.S.-RMI compact.--The Compact of Free Association, as
amended, between the Government of the United States of America
and the Government of the Republic of the Marshall Islands (as
provided in section 201(b) of the Compact of Free Association
Amendments Act of 2003 (117 Stat. 2795)) is amended--
(A) in section 174(a), by striking ``court'' and
inserting ``courts'';
(B) in section 177(a), by striking the comma before
``(or Palau)'';
(C) in section 179(b), by striking ``amended
Compact,'' and inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection
(a), by striking ``Compact, as Amended, of Free
Association'' and inserting ``Compact of Free
Association, as amended``;
(ii) in the first sentence of subsection
(b), by striking ``Agreement between the
Government of the United States and the
Government of the Republic of the Marshall
Islands Regarding Miliary Use and Operating
Rights'' and inserting ``Agreement Regarding
the Military Use and Operating Rights of the
Government of the United States in the Republic
of the Marshall Islands concluded Pursuant to
Sections 321 and 323 of the Compact of Free
Association, as Amended (Agreement between the
Government of the United States and the
Government of the Republic of the Marshall
Islands Regarding Military Use and Operating
Rights)''; and
(iii) in the last sentence of subsection
(e), by inserting before the period at the end
the following: ``and the Federal Programs and
Services Agreement referred to in section
231'';
(E) in section 221(a)--
(i) in the matter preceding paragraph (1),
by striking ``Section 231'' and inserting
``section 231''; and
(ii) in paragraph (5), by inserting
``(Federal Emergency Management Agency)'' after
``Homeland Security'';
(F) in the second sentence of section 232, by
striking ``sections 103(m)'' and all that follows
through ``(January 14, 1986)'' and inserting ``section
103(k) of Public Law 108-188, 117 Stat. 2734, December
17, 2003'';
(G) in the first sentence of section 341, by
striking ``Section 141'' and inserting ``section 141'';
(H) in section 342--
(i) in subsection (a), by striking ``14
U.S.C. 195'' and inserting ``section 195 of
title 14, United States Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C.
1295(b)(6)'' and inserting ``section
1303(b)(6) of the Merchant Marine Act,
1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C.
1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';
(I) in the third sentence of section 354(a), by
striking ``section 442 and 452'' and inserting
``sections 442 and 452'';
(J) in the first sentence of section 443, by
inserting ``, as amended.'' after ``the Compact'';
(K) in the matter preceding paragraph (1) of
section 461(h)--
(i) by striking ``1978'' and inserting
``1998''; and
(ii) by striking ``Telecommunications'' and
inserting ``Telecommunication Union''; and
(L) in section 463(b), by striking ``Article'' and
inserting ``Articles''.
SEC. 7. TRANSMISSION OF VIDEOTAPE PROGRAMMING.
Section 111(e)(2) of title 17, United States Code, is amended by
striking ``or the Trust Territory of the Pacific Islands'' and
inserting ``the Federated States of Micronesia, the Republic of Palau,
or the Republic of the Marshall Islands''.
SEC. 8. PALAU ROAD MAINTENANCE.
The Government of the Republic of Palau may deposit the payment
otherwise payable to the Government of the United States under section
111 of Public Law 101-219 (48 U.S.C. 1960) into a trust fund if--
(1) the earnings of the trust fund are expended solely for
maintenance of the road system constructed pursuant to section
212 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48
U.S.C. 1931 note); and
(2) the trust fund is established and operated pursuant to
an agreement entered into between the Government of the United
States and the Government of the Republic of Palau.
SEC. 9. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS.
In the U.S.-RMI Compact, the U.S.-FSM Compact, and their respective
trust fund subsidiary agreements, for the purposes of taxation by the
United States or its subsidiary jurisdictions, the term ``State'' means
``State, territory, or the District of Columbia''.
Passed the Senate September 29, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 1830
_______________________________________________________________________
AN ACT
To amend the Compact of Free Association Amendments Act of 2003, and
for other purposes. | Compacts of Free Association Amendments Act of 2005 - Amends the Compact of Free Association Amendments Act of 2003 with respect to the provision of emergency and disaster assistance through the United States Agency for International Development (USAID) and the Federal Emergency Management Agency (FEMA) to the Federated States of Micronesia and the Republic of the Marshall Islands.
Provides with respect to the Republic of Palau that: (1) students from Micronesia and the Marshall Islands attending universities or colleges in Palau shall remain eligible for specified higher education assistance; and (2) government, institutions, and people of Palau shall be eligible for education assistance through FY2009 that they were eligible for in FY2003.
Provides for the continuation of legal services to the citizens of Micronesia, Palau, and the Marshall Islands legally residing in the United States (including territories and possessions).
Authorizes Micronesia, Palau, and the Marshall Islands to transmit videotaped programming.
Authorizes the government of Palau to deposit the payment otherwise payable to the U.S. government under P.L. 101-219 (a law concerning the implementation of the Palau Compact of Free Association and insular area matters) into a trust fund if: (1) trust fund earnings are expended solely for maintenance of the road system constructed pursuant to the Compact of Free Association between the U.S. government and the government of Palau; and (2) the trust fund is established and operated pursuant to an agreement between the U.S. government and the government of Palau.
Provides that in the U.S.-RMI Compact (Marshall Islands), the U.S.-FSM Compact (Micronesia), and their respective trust fund subsidiary agreements, for the purposes of taxation by the United States or its subsidiary jurisdictions, the term "state" means state, territory, or the District of Columbia. |
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 ``Graduate Medical Education
Advancement Act of 2009''.
SEC. 2. RULES FOR COUNTING RESIDENT TIME FOR DIDACTIC AND SCHOLARLY
ACTIVITIES AND OTHER ACTIVITIES.
(a) Direct GME.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(E)--
(A) by designating the first sentence as a clause
(i) with the heading ``In general'' and appropriate
indentation and by striking ``Such rules'' and
inserting ``Subject to clause (ii), such rules''; and
(B) by adding at the end the following new clause:
``(ii) Treatment of certain nonhospital and
didactic activities.--Such rules shall provide
that all time spent by an intern or resident in
an approved medical residency training program
in a nonhospital setting that is primarily
engaged in furnishing patient care (as defined
in paragraph (5)(K)) in non-patient care
activities, such as didactic conferences and
seminars, but not including research not
associated with the treatment or diagnosis of a
particular patient, as such time and activities
are defined by the Secretary, shall be counted
toward the determination of full-time
equivalency.'';
(2) in paragraph (4), by adding at the end the following
new subparagraph:
``(I) Treatment of certain leave time.--In
determining the hospital's number of full-time
equivalent residents for purposes of this subsection,
all the time that is spent by an intern or resident in
an approved medical residency training program on
vacation, sick leave, or other approved leave, as such
time is defined by the Secretary, and that does not
prolong the total time the resident is participating in
the approved program beyond the normal duration of the
program shall be counted toward the determination of
full-time equivalency.''; and
(3) in paragraph (5), by adding at the end the following
new subparagraph:
``(K) Nonhospital setting that is primarily engaged
in furnishing patient care.--The term `nonhospital
setting that is primarily engaged in furnishing patient
care' means a nonhospital setting in which the primary
activity is the care and treatment of patients, as
defined by the Secretary.''.
(b) IME Determinations.--Section 1886(d)(5)(B) of such Act (42
U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following
new clause:
``(x)(I) The provisions of subparagraph (I) of subsection
(h)(4) shall apply under this subparagraph in the same manner
as they apply under such subsection.
``(II) In determining the hospital's number of full-time
equivalent residents for purposes of this subparagraph, all the
time spent by an intern or resident in an approved medical
residency training program in non-patient care activities, such
as didactic conferences and seminars, as such time and
activities are defined by the Secretary, that occurs in the
hospital shall be counted toward the determination of full-time
equivalency if the hospital--
``(aa) is recognized as a subsection (d) hospital;
``(bb) is recognized as a subsection (d) Puerto
Rico hospital;
``(cc) is reimbursed under a reimbursement system
authorized under section 1814(b)(3); or
``(dd) is a provider-based hospital outpatient
department.
``(III) In determining the hospital's number of full-time
equivalent residents for purposes of this subparagraph, all the
time spent by an intern or resident in an approved medical
residency training program in research activities that are not
associated with the treatment or diagnosis of a particular
patient, as such time and activities are defined by the
Secretary, shall not be counted toward the determination of
full-time equivalency.''.
(c) Effective Dates; Application.--
(1) In general.--Except as otherwise provided, the
Secretary of Health and Human Services shall implement the
amendments made by this section in a manner so as to apply to
cost reporting periods beginning on or after January 1, 1983.
(2) Direct gme.--Section 1886(h)(4)(E)(ii) of the Social
Security Act, as added by subsection (a)(1)(B), shall apply to
cost reporting periods beginning on or after July 1, 2009.
(3) IME.--Section 1886(d)(5)(B)(x)(III) of the Social
Security Act, as added by subsection (b), shall apply to cost
reporting periods beginning on or after October 1, 2001. Such
section, as so added, shall not give rise to any inference on
how the law in effect prior to such date should be interpreted.
(4) Application.--The amendments made by this section shall
not be applied in a manner that requires reopening of any
settled hospital cost reports as to which there is not a
jurisdictionally proper appeal pending as of the date of the
enactment of this Act on the issue of payment for indirect
costs of medical education under section 1886(d)(5)(B) of the
Social Security Act or for direct graduate medical education
costs under section 1886(h) of such Act.
SEC. 3. RULES FOR COUNTING RESIDENT TIME IN OUTPATIENT SETTINGS.
(a) Direct GME.--Section 1886(h)(4)(E) of the Social Security Act
(42 U.S.C. 1395ww(h)(4)(E)) is amended--
(1) by striking ``under an approved medical residency
program''; and
(2) by striking ``if the hospital incurs all, or
substantially all, of the costs for the training program in
that setting'' and inserting ``if the hospital or hospitals
continue to incur the costs of the residents' stipends and
fringe benefits during the time the residents spend in that
setting.''
(b) IME Determinations.--Section 1886(d)(5)(B)(iv) of such Act (42
U.S.C. 1395ww(d)(5)(B)(iv)) is amended--
(1) by striking ``under an approved medical residency
training program''; and
(2) by striking ``if the hospital incurs all, or
substantially all, of the costs for the training program in
that setting'' and inserting ``if the hospital or hospitals
continue to incur the costs of the residents' stipends and
fringe benefits during the time the residents spend in that
setting.''
(c) Effective Dates; Application.--
(1) In general.--Except as otherwise provided, the
Secretary of Health and Human Services shall implement the
amendments made by this section in a manner so as to apply to
cost reporting periods beginning on or after July 1, 2009.
(2) Application.--The amendments made by this section shall
not be applied in a manner that requires reopening of any
settled hospital cost reports as to which there is not a
jurisdictionally proper appeal pending as of the date of the
enactment of this Act on the issue of payment for indirect
costs of medical education under section 1886(d)(5)(B) of the
Social Security Act or for direct graduate medical education
costs under section 1886(h) of such Act. | Graduate Medical Education Advancement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act with respect to rules for the computation of the number of full-time-equivalent residents in an approved medical residency training program, particularly the counting of time spent in outpatient settings, for purposes of calculating payments to: (1) hospitals for direct graduate medical education (GME) costs; and (2) subsection (d) hospitals with indirect medical education (IME) costs.
(Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.)
Requires the counting of hours spent by an intern or resident in a nonhospital setting (that is primarily engaged in furnishing patient care) in non-patient care activities, such as didactic conferences and seminars (but excluding research not associated with the treatment or diagnosis of a particular patient).
Requires the counting as well of all the time spent on vacation, sick leave, or other approved leave that does not prolong the total time the resident is participating in the approved program beyond its normal duration.
Revises rules for counting resident time in outpatient settings with respect to GME and IME costs to include the costs of the residents' stipends and fringe benefits during the time residents spend in such a setting. |
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 ``Veteran Access to Care Act of
2014''.
SEC. 2. PROVISION OF HOSPITAL CARE AND MEDICAL SERVICES AT NON-
DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR DEPARTMENT
OF VETERANS AFFAIRS PATIENTS WITH EXTENDED WAITING TIMES
FOR APPOINTMENTS AT DEPARTMENT FACILITIES.
(a) In General.--As authorized by section 1710 of title 38, United
States Code, the Secretary of Veterans Affairs (in this Act referred to
as the ``Secretary'') shall enter into contracts with such non-
Department facilities as may be necessary in order to furnish hospital
care and medical services to covered veterans who are eligible for such
care and services under chapter 17 of title 38, United States Code. To
the greatest extent possible, the Secretary shall carry out this
section using contracts entered into before the date of the enactment
of this Act.
(b) Covered Veterans.--For purposes of this section, the term
``covered veteran'' means a veteran--
(1) who is enrolled in the patient enrollment system under
section 1705 of title 38, United States Code;
(2) who--
(A) has waited longer than the wait-time goals of
the Veterans Health Administration (as of June 1, 2014)
for an appointment for hospital care or medical
services in a facility of the Department;
(B) has been notified by a facility of the
Department that an appointment for hospital care or
medical services is not available within such wait-time
goals; or
(C) resides more than 40 miles from the medical
facility of the Department of Veterans Affairs,
including a community-based outpatient clinic, that is
closest to the residence of the veteran; and
(3) who makes an election to receive such care or services
in a non-Department facility.
(c) Follow-Up Care.--In carrying out this section, the Secretary
shall ensure that, at the election of a covered veteran who receives
hospital care or medical services at a non-Department facility in an
episode of care under this section, the veteran receives such hospital
care and medical services at such non-Department facility through the
completion of the episode of care (but for a period not exceeding 60
days), including all specialty and ancillary services deemed necessary
as part of the treatment recommended in the course of such hospital
care or medical services.
(d) Report.--The Secretary shall submit to Congress a quarterly
report on hospital care and medical services furnished pursuant to this
section. Such report shall include information, for the quarter covered
by the report, regarding--
(1) the number of veterans who received care or services at
non-Department facilities pursuant to this section;
(2) the number of veterans who were eligible to receive
care or services pursuant to this section but who elected to
continue waiting for an appointment at a Department facility;
(3) the purchase methods used to provide the care and
services at non-Department facilities, including the rate of
payment for individual authorizations for such care and
services; and
(4) any other matters the Secretary determines appropriate.
(e) Definitions.--For purposes of this section, the terms
``facilities of the Department'', ``non-Department facilities'',
``hospital care'', and ``medical services'' have the meanings given
such terms in section 1701 of title 38, United States Code.
(f) Implementation.--The Secretary shall begin implementing this
section on the date of the enactment of this Act.
(g) Construction.--Nothing in this section shall be construed to
authorize payment for care or services not otherwise covered under
chapter 17 of title 38, United States Code.
(h) Termination.--The authority of the Secretary under this section
shall terminate with respect to any hospital care or medical services
furnished after the end of the 2-year period beginning on the date of
the enactment of this Act, except that in the case of an episode of
care for which hospital care or medical services is furnished in a non-
Department facility pursuant to this section before the end of such
period, such termination shall not apply to such care and services
furnished during the remainder of such episode of care but not to
exceed a period of 60 days.
SEC. 3. EXPANDED ACCESS TO HOSPITAL CARE AND MEDICAL SERVICES.
(a) In General.--To the extent that appropriations are available
for the Veterans Health Administration of the Department of Veterans
Affairs for medical services, to the extent that the Secretary of
Veterans Affairs is unable to provide access, within the wait-time
goals of the Veterans Health Administration (as of June 1, 2014), to
hospital care or medical services to a covered veteran who is eligible
for such care or services under chapter 17 of title 38, United States
Code, under contracts described in section 2, the Secretary shall
reimburse any non-Department facility with which the Secretary has not
entered into a contract to furnish hospital care or medical services
for furnishing such hospital care or medical services to such veteran,
if the veteran elects to receive such care or services from the non-
Department facility. The Secretary shall reimburse the facility for the
care or services furnished to the veteran at the greatest of the
following rates:
(1) VA payment rate.--The rate of reimbursement for such
care or services established by the Secretary of Veterans
Affairs.
(2) Medicare payment rate.--The payment rate for such care
or services or comparable care or services under the Medicare
program under title XVIII of the Social Security Act.
(3) TRICARE payment rate.--The reimbursement rate for such
care or services furnished to a member of the Armed Forces
under chapter 55 of title 10, United States Code.
(b) Covered Veterans.--For purposes of this section, the term
``covered veteran'' means a veteran--
(1) who is enrolled in the patient enrollment system under
section 1705 of title 38, United States Code; and
(2) who--
(A) has waited longer than the wait-time goals of
the Veterans Health Administration (as of June 1, 2014)
for an appointment for hospital care or medical
services in a facility of the Department;
(B) has been notified by a facility of the
Department that an appointment for hospital care or
medical services is not available within such wait-time
goals after the date for which the veteran requests the
appointment; or
(C) who resides more than 40 miles from the medical
facility of the Department of Veterans Affairs,
including a community-based outpatient clinic, that is
closest to the residence of the veteran.
(c) Definitions.--For purposes of this section, the terms
``facilities of the Department'', ``non-Department facilities'',
``hospital care'', and ``medical services'' have the meanings given
such terms in section 1701 of title 38, United States Code.
(d) Implementation.--The Secretary shall begin implementing this
section on the date of the enactment of this Act.
(e) Construction.--Nothing in this section shall be construed to
authorize payment for care or services not otherwise covered under
chapter 17 of title 38, United States Code.
(f) Termination.--The authority of the Secretary under this section
shall terminate with respect to care or services furnished after the
date that is 2 years after the date of the enactment of this Act.
SEC. 4. INDEPENDENT ASSESSMENT OF VETERANS HEALTH ADMINISTRATION
PERFORMANCE.
(a) Independent Assessment Required.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into a contract or contracts with a private sector
entity or entities with experience in the delivery systems of the
Veterans Health Administration and the private sector and in health
care management to conduct an independent assessment of hospital care
and medical services furnished in medical facilities of the Department
of Veterans Affairs. Such assessment shall address each of the
following:
(1) The current and projected demographics and unique care
needs of the patient population served by the Department of
Veterans Affairs.
(2) The current and projected health care capabilities and
resources of the Department, including hospital care and
medical services furnished by non-Department facilities under
contract with the Department, to provide timely and accessible
care to eligible veterans.
(3) The authorities and mechanisms under which the
Secretary may furnish hospital care and medical services at
non-Department facilities, including an assessment of whether
the Secretary should have the authority to furnish such care
and services at such facilities through the completion of
episodes of care.
(4) The appropriate system-wide access standard applicable
to hospital care and medical services furnished by and through
the Department of Veterans Affairs and recommendations relating
to access standards specific to individual specialties and
standards for post-care rehabilitation.
(5) The current organization, processes, and tools used to
support clinical staffing and documentation.
(6) The staffing levels and productivity standards,
including a comparison with industry performance percentiles.
(7) Information technology strategies of the Veterans
Health Administration, including an identification of
technology weaknesses and opportunities, especially as they
apply to clinical documentation of hospital care and medical
services provided in non-Department facilities.
(8) Business processes of the Veterans Health
Administration, including non-Department care, insurance
identification, third-party revenue collection, and vendor
reimbursement.
(b) Assessment Outcomes.--The assessment conducted pursuant to
subsection (a) shall include the following:
(1) An identification of improvement areas outlined both
qualitatively and quantitatively, taking into consideration
Department of Veterans Affairs directives and industry
benchmarks from outside the Federal Government.
(2) Recommendations for how to address the improvement
areas identified under paragraph (1) relating to structure,
accountability, process changes, technology, and other relevant
drivers of performance.
(3) The business case associated with making the
improvements and recommendations identified in paragraphs (1)
and (2).
(4) Findings and supporting analysis on how credible
conclusions were established.
(c) Program Integrator.--If the Secretary enters into contracts
with more than one private sector entity under subsection (a), the
Secretary shall designate one such entity as the program integrator.
The program integrator shall be responsible for coordinating the
outcomes of the assessments conducted by the private entities pursuant
to such contracts.
(d) Submittal of Reports to Congress.--
(1) Report on independent assessment.--Not later than 10
months after entering into the contract under subsection (a),
the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives the findings
and recommendations of the independent assessment required by
such subsection.
(2) Report on va action plan to implement recommendations
in assessment.--Not later than 120 days after the date of
submission of the report under paragraph (1), the Secretary
shall submit to such Committees on the Secretary's response to
the findings of the assessment and shall include an action
plan, including a timeline, for fully implementing the
recommendations of the assessment.
SEC. 5. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF DEPARTMENT OF
VETERANS AFFAIRS.
For each of fiscal years 2014 through 2016, the Secretary of
Veterans Affairs may not pay awards or bonuses under chapter 45 or 53
of title 5, United States Code, or any other awards or bonuses
authorized under such title.
SEC. 6. OMB ESTIMATE OF BUDGETARY EFFECTS AND NEEDED TRANSFER
AUTHORITY.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Office of Management and Budget shall transmit to
the Committees on Appropriations, the Budget, and Veterans' Affairs of
the House of Representatives and of the Senate--
(1) an estimate of the budgetary effects of sections 2 and
3;
(2) any transfer authority needed to utilize the savings
from section 5 to satisfy such budgetary effects; and
(3) if necessary, a request for any additional budgetary
resources, or transfers or reprogramming of existing budgetary
resources, necessary to provide funding for sections 2 and 3.
Passed the House of Representatives June 10, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Veteran Access to Care Act of 2014 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to enter into contracts with such non-VA facilities as may be necessary to furnish hospital care and medical services to veterans who: have waited longer than the wait-time goals of the Veterans Health Administration (VHA) (as of June 1, 2014) for an appointment for hospital care or medical services in a VA facility; have been notified by a VA facility that an appointment for hospital care or medical services is not available within such wait-time goals; or reside more than 40 miles from the VA medical facility, including a community-based outpatient clinic, that is closest to their residence. Allows eligible veterans who opt for hospital care or medical services in a non-VA facility to receive such care or services through the completion of the episode of care, but for no longer than 60 days. Directs the Secretary to submit a quarterly report to Congress on the provision of such hospital care and medical services through contracts with non-VA facilities. Terminates the Secretary's authority to contract with non-VA facilities for the provision of such care and services two years after this Act's enactment. (Sec. 3) Directs the Secretary, to the extent that appropriations are available to the VHA for medical services, to reimburse non-VA facilities with which the VA does not have such a contract for providing hospital care and medical services to such veterans, if such care and services cannot be provided within the VHA's wait-time goals in a facility with which the VA has a contract. Sets the reimbursement rate for such care or services at the greatest of the VA, Medicare, or TRICARE (a Department of Defense [DOD] managed care program) payment rate for such care or services. Terminates the Secretary's authority to reimburse non-VA facilities for the provision of such care and services two years after this Act's enactment. (Sec. 4) Directs the Secretary, within 120 days of this Act's enactment, to enter into a contract or contracts with a private entity or entities with experience in VHA and private delivery systems and in health care management to conduct an independent assessment of the hospital care and medical services furnished in VA facilities. Lists the factors that must be addressed in assessing veterans access to, and the quality of, hospital care and medical services in VA facilities. Directs the Secretary to submit reports to the congressional veterans committees regarding: (1) the findings and recommendations of the independent assessment; and (2) the Secretary's response to those findings, including an action plan for fully implementing such recommendations. (Sec. 5) Prohibits the Secretary from paying awards and bonuses to VA employees for FY2014-FY2016. (Sec. 6) Requires the Director of the Office of Management and Budget (OMB), within 30 days of this Act's enactment, to transmit to Congress: an estimate of the budgetary effects of this Act's coverage of hospital care and medical services for veterans in non-VA facilities; any transfer authority needed to utilize the savings from denying VA awards and bonuses to satisfy such budgetary effects; and a request, if necessary, for additional funding, or the transfer or reprogramming of existing funding, for this Act's coverage of the hospital care and medical services provided to veterans in non-VA facilities. |
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 ``Stopping Improper Payments to
Deceased People Act''.
SEC. 2. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--
(1) In general.--Section 205(r) of the Social Security Act
(42 U.S.C. 405(r)) is amended--
(A) in paragraph (2)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by inserting ``, and to ensure the
completeness, timeliness, and accuracy of,''
after ``transmitting'';
(B) by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3)(A) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection in accordance with subparagraph (B), subject to such
safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, by any Federal or State agency providing federally
funded benefits or administering a Federal program for such benefits,
including the agency operating the Do Not Pay working system for
ensuring proper payment of those benefits, through a cooperative
arrangement with the agency (that includes the agency's Inspector
General) or with an agency's Inspector General, if--
``(i) under such arrangement the agency (including, if
applicable, the agency's Inspector General) provides
reimbursement to the Commissioner of Social Security for the
reasonable cost of carrying out such arrangement, including the
reasonable costs associated with the collection and maintenance
of information regarding deceased individuals furnished to the
Commissioner pursuant to paragraph (1), and
``(ii) such arrangement does not conflict with the duties
of the Commissioner of Social Security under paragraph (1).
``(B) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, through a cooperative arrangement in order for a Federal
agency to carry out any of the following purposes, if the requirements
of clauses (i) and (ii) of subparagraph (A) are met:
``(i) Operating the Do Not Pay working system established
by section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012. Under such arrangement, the agency
operating the working system may compare death information
disclosed by the Commissioner with personally identifiable
information reviewed through the working system, and may
redisclose such comparison of information, as appropriate, to
any Federal or State agency authorized to use the working
system.
``(ii) To ensure proper payments under a Federal program or
the proper payment of federally funded benefits, including for
purposes of payment certification, payment disbursement, and
the prevention, identification, or recoupment of improper
payments.
``(iii) To carry out tax administration or debt collection
duties of the agency.
``(iv) For use by any policing agency of the Federal
Government with the principle function of prevention,
detection, or investigation of crime or the apprehension of
alleged offenders.
``(4) The Commissioner of Social Security may enter into similar
arrangements with States to provide information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, for any of the purposes specified in paragraph (3)(B), for
use by States in programs wholly funded by the States, or for use in
the administration of a benefit pension plan or retirement system for
employees of a State or a political subdivision thereof, if the
requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For
purposes of this paragraph, the terms `retirement system' and
`political subdivision' have the meanings given such terms in section
218(b).
``(5) The Commissioner of Social Security may use or provide for
the use of information regarding all deceased individuals furnished to
or maintained by the Commissioner under this subsection, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, for statistical purposes and research activities by
Federal and State agencies if the requirements of clauses (i) and (ii)
of paragraph (3)(A) are met. For purposes of this paragraph, the term
`statistical purposes' has the meaning given that term in section 502
of the Confidential Information Protection and Statistical Efficiency
Act of 2002.''; and
(C) in paragraph (8)(A)(i), by striking
``subparagraphs (A) and (B) of paragraph (3)'' and
inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
(2) Repeal.--Effective on the date that is 5 years after
the date of enactment of this Act, the amendments made by this
subsection to paragraphs (3), (4), (5), and (8) of section
205(r) of the Social Security Act (42 U.S.C. 405(r)) are
repealed, and the provisions of section 205(r) of the Social
Security Act (42 U.S.C. 605(r)) so amended are restored and
revived as if such amendments had not been enacted.
(b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraphs (A) and (B), by striking ``Secretary
of Health and Human Services'' each place it appears and
inserting ``Commissioner of Social Security''; and
(2) in subparagraph (B)(ii), by striking ``such Secretary''
and all that follows through ``deceased individuals.'' and
inserting ``such Commissioner pursuant to such contract, except
that such contract may provide that such information is only to
be used by the Social Security Administration (or any other
Federal agency) for purposes authorized in the Social Security
Act or this title.''.
(c) Report to Congress on Alternative Sources of Death Data.--
(1) Requirements.--The Director of the Office of Management
and Budget shall conduct a review of potential alternative
sources of death data maintained by the non-Federal sources,
including sources maintained by State agencies or associations
of State agencies, for use by Federal agencies and programs.
The review shall include analyses of--
(A) the accuracy and completeness of such data;
(B) interoperability of such data;
(C) the extent to which there is efficient
accessability of such data by Federal agencies;
(D) the cost to Federal agencies of accessing and
maintaining such data;
(E) the security of such data;
(F) the reliability of such data; and
(G) a comparison of the potential alternate sources
of death data to the death data distributed by the
Commissioner of Social Security.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress on the results of
the review and analyses required under paragraph (1). The
report shall include a recommendation by the Director of the
Office of Management and Budget regarding whether to extend the
agency access to death data distributed by the Commissioner of
Social Security provided under the amendments made by
subsection (a)(1) beyond the date on which such amendments are
to be repealed under subsection (a)(2).
SEC. 3. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB
IMPROPER PAYMENTS.
The Improper Payments Elimination and Recovery Improvement Act of
2012 (31 U.S.C. 3321 note) is amended by adding at the end the
following:
``SEC. 7. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES.
``(a) Guidance by the Office of Management and Budget.--
``(1) Guidance to agencies.--Not later than 6 months after
the date of enactment of this section, and in consultation with
the Council of Inspectors General on Integrity and Efficiency
and the heads of other relevant Federal, State, and local
agencies, and Indian tribes and tribal organizations, the
Director of the Office of Management and Budget shall issue
guidance for each agency or component of an agency that
operates or maintains a database of information relating to
beneficiaries, annuity recipients, or any purpose described in
section 205(r)(3)(B) of the Social Security Act (42 U.S.C.
405(r)(3)(B)) for which improved data matching with databases
relating to the death of an individual (in this section
referred to as `death databases') would be relevant and
necessary regarding implementation of this section to provide
such agencies or components access to the death databases no
later than 6 months after such date of enactment.
``(2) Plan to assist states and local agencies and indian
tribes and tribal organizations.--Not later than 1 year after
the date of enactment of this section, the Director of the
Office of Management and Budget shall develop a plan to assist
States and local agencies, and Indian tribes and tribal
organizations, in providing electronically to the Federal
Government records relating to the death of individuals, which
may include recommendations to Congress for any statutory
changes or financial assistance to States and local agencies
and Indian tribes and tribal organizations that are necessary
to ensure States and local agencies and Indian tribes and
tribal organizations can provide such records electronically.
The plan may include recommendations for the authorization of
appropriations or other funding to carry out the plan.
``(b) Reports.--
``(1) Report to congress on improving data matching
regarding payments to deceased individuals.--Not later than 270
days after the date of enactment of this section, the Director
of the Office of Management and Budget, in consultation with
the heads of other relevant Federal agencies, and in
consultation with States and local agencies, Indian tribes and
tribal organizations, shall submit to Congress a plan to
improve how States and local agencies and Indian tribes and
tribal organizations that provide benefits under a federally
funded program will improve data matching with the Federal
Government with respect to the death of individuals who are
recipients of such benefits.
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and for each of the 4 succeeding
years, the Director of the Office of Management and Budget
shall submit to Congress a report regarding the implementation
of this section. The first report submitted under this
paragraph shall include the recommendations of the Director
required under subsection (a)(2).
``(c) Definitions.--In this section, the terms `Indian tribe' and
`tribal organization' have the meanings given those terms in section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 4. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA
MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY
ADMINISTRATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commissioner of Social Security, in consultation with
the Secretary of Commerce, shall submit to Congress a plan, which shall
include the elements described in subsection (b), to ensure the
accuracy and completeness of the death data (including data regarding
individuals who are not eligible for or receiving benefits under titles
II or XVI of the Social Security Act) maintained and furnished by the
Social Security Administration.
(b) Content of Plan.--The plan required under subsection (a) shall
include the following elements:
(1) A procedure for identifying extremely elderly
individuals who are still alive according to the records of the
Social Security Administration and verifying the accuracy of
this information.
(2) Improved policies and procedures for identifying and
correcting erroneous records, including policies and procedures
for--
(A) identifying individuals listed as dead who are
actually alive;
(B) identifying individuals listed as alive who are
actually dead; and
(C) allowing individuals or survivors of deceased
individuals to notify the Social Security
Administration of potential errors.
(3) Improved policies and procedures to identify and
correct errors in the records of the Numerical Identification
System, and death data.
(4) A process for employing statistical analysis of the
death data maintained and distributed by the Social Security
Administration to determine an estimate of the number of
erroneous records.
(5) Recommendations for legislation.
(c) Implementation of Plan.--Not later than 2 years after the date
of enactment of this Act, the Commissioner of Social Security shall
implement the plan required under subsection (a). | Stopping Improper Payments to Deceased People Act Amends title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to direct the Social Security Administration (SSA) to: (1) provide information on all deceased individuals that is furnished to or maintained by SSA, subject to appropriate safeguards against unauthorized use or disclosure, to federal or state agencies providing benefits or administering a federal program; and (2) provide for the use of such information by federal agencies to operate the Do Not Pay working system and to carry out tax administration or debt collection duties. Directs the Office of Management and Budget (OMB) to analyze and report to Congress on potential alternative sources of death data maintained by non-federal sources. Amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to require the OMB to: (1) issue guidance to agencies that operate or maintain a database of information relating to beneficiaries, annuity recipients, or other purposes for which improved data matching with databases would be relevant and necessary; (2) develop a plan to assist states and local agencies, and Indian Tribes and tribal organizations, to provide information, in an electronic format, to the federal government on the deaths of individuals; and (3) submit to Congress a plan to improve data matching with the federal government on the death of individuals who are benefit recipients and an annual report on the implementation of such requirements. Directs the SSA to submit a plan to ensure the accuracy and completeness of death data of individuals who are not eligible for or receiving social security benefits. |
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 ``Poison Center Support, Enhancement,
and Awareness Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Poison centers are the primary defense of the United
States against injury and deaths from poisoning. Twenty-four
hours a day, the general public as well as health care
practitioners contact their local poison centers for help in
diagnosing and treating victims of poisoning. In 2007, more
than 4 million calls were managed by poison centers providing
ready and direct access for all people of the United States,
including many underserved populations in the United States,
with vital emergency public health information and response.
(2) Poisoning is the second most common form of
unintentional death in the United States. In any given year,
there will be between 3 million and 5 million poison exposures.
Sixty percent of these exposures will involve children under
the age of 6 who are exposed to toxins in their home. Poisoning
accounts for 285,000 hospitalizations, 1.2 million days of
acute hospital care, and more than 26,000 fatalities in 2005.
(3) In 2008, the Harvard Injury Control Research Center
reported that poisonings from accidents and unknown
circumstances more than tripled in rate since 1990. In 2005,
the last year for which data are available, 26,858 people died
from accidental or unknown poisonings. This represents an
increase of 20,000 since 1990 and an increase of 2,400 between
2004 and 2005. Fatalities from poisoning are increasing in the
United States in near epidemic proportions. The funding of
programs to reverse this trend is needed now more than ever.
(4) In 2004, The Institute of Medicine, of the National
Academies recommended that the ``Congress should amend the
current Poison Control Center Enhancement and Awareness Act
Amendments of 2003 to provide sufficient funding to support the
proposed Poison Prevention and Control System with its national
network of poison centers. Support for the core activities at
the current level of service is estimated to require more than
$100 million annually.''.
(5) Sustaining the funding structure and increasing
accessibility to poison control centers will promote the
utilization of poison control centers and reduce the
inappropriate use of emergency medical services and other more
costly health care services. The 2004 Institute of Medicine
Report to Congress determined that for every $1 invested in the
Nation's poison centers $7 of health care costs are saved. In
2005, direct Federal health care program savings totaled in
excess of $525 million as the result of poison center public
health services.
(6) More than 30 percent of the cost savings and financial
benefits of the Nation's network of poison centers are realized
annually by Federal health care programs (estimated to be more
than $1 billion), yet Federal funding support (as demonstrated
by the annual authorization of $30.1 million in Public Law 108-
194) comprises less than 11 percent of the annual network
expenditures of poison centers.
(7) Real-time data collected from the Nation's certified
poison centers can be an important source of information for
the detection, monitoring, and response for contamination of
the air, water, pharmaceutical, or food supply.
(8) In the event of a terrorist event, poison centers will
be relied upon as a critical source for accurate medical
information and public health emergency response concerning the
treatment of patients who have had an exposure to a chemical,
radiological, or biological agent.
SEC. 3. REAUTHORIZATION OF POISON CENTERS NATIONAL TOLL-FREE NUMBER.
Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71)
is amended to read as follows:
``SEC. 1271. MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER.
``(a) In General.--The Secretary shall provide coordination and
assistance to poison centers for the establishment of a nationwide
toll-free phone number, and the maintenance of such number, to be used
to access such centers.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for each of the fiscal years 2000 through 2009
to carry out this section; and $1,000,000 for each of the fiscal years
2010 through 2014 for the maintenance of the nationwide toll-free phone
number under subsection (a).''.
SEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON
CENTER UTILIZATION.
(a) In General.--Section 1272 of the Public Health Service Act (42
U.S.C. 300d-72) is amended to read as follows:
``SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CENTER
UTILIZATION.
``(a) In General.--The Secretary shall carry out, and expand upon,
a national media campaign to educate the public and health care
providers about poison prevention and the availability of poison center
resources in local communities and to conduct advertising campaigns
concerning the nationwide toll-free number established under section
1271(a).
``(b) Contract With Entity.--The Secretary may carry out subsection
(a) by entering into contracts with a nationally recognized
organization in the field of poison control for the development and
implementation of a nationwide poison prevention and poison center
awareness campaign, which may include the development and distribution
of poison prevention and poison center awareness materials; television,
radio, Internet, and newspaper public service announcements; and other
means of public and professional awareness and education.
``(c) Evaluation.--The Secretary shall--
``(1) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the nationwide media
campaign carried out under this section; and
``(2) prepare and submit to the appropriate congressional
committees an evaluation of the nationwide media campaign on an
annual basis.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $600,000 for each of the fiscal
years 2000 through 2005, such sums as may be necessary for each of the
fiscal years 2006 through 2009, and $1,500,000 for each of the fiscal
years 2010 through 2014.''.
(b) Effective Date.--The amendment made by this section shall be
effective as of the date of the enactment of this Act and shall apply
to contracts entered into on or after January 1, 2009.
SEC. 5. REAUTHORIZATION OF THE POISON CENTER GRANT PROGRAM.
(a) In General.--Section 1273 of the Public Health Service Act (42
U.S.C. 300d-73) is amended to read as follows:
``SEC. 1273. MAINTENANCE OF THE POISON CENTER GRANT PROGRAM.
``(a) Authorization of Grant Program.--The Secretary shall award
grants to poison centers certified under subsection (c) (or granted a
waiver under subsection (d)) and professional organizations in the
field of poison control for the purposes of preventing, and providing
treatment recommendations for, poisonings and complying with the
operational requirements needed to sustain the certification of the
center under subsection (c).
``(b) Additional Uses of Grant Funds.--In addition to the purposes
described in subsection (a), a poison center or professional
organization awarded a grant under such subsection may also use such
grant for the following purposes:
``(1) To establish and evaluate best practices in the
United States for poison prevention, poison center outreach,
and emergency and preparedness programs.
``(2) To research, develop, implement, revise, and
communicate standard patient management guidelines for commonly
encountered toxic exposures.
``(3) To improve national toxic exposure surveillance by
enhancing cooperative activities between poison centers in the
United States and the Centers for Disease Control and
Prevention.
``(4) To develop, support, and enhance technology and
capabilities of professional organizations in the field of
poison control to collect national poisoning, toxic occurrence,
and related public health data.
``(5) To develop initiatives to foster the enhanced public
health utilization of national poison data collected by
organizations described in paragraph (4).
``(6) To support and expand the toxicologic expertise
within poison centers.
``(7) To improve the capacity of poison centers to answer
high volumes of calls and respond during times of national
crisis or other public health emergencies.
``(c) Certification.--Except as provided under subsection (d), the
Secretary may make a grant to a poison center under subsection (a) only
if--
``(1) the center has been certified by a professional
organization in the field of poison control, and the Secretary
has approved the organization as having in effect standards for
certification that reasonably provide for the protection of the
public health with respect to poisoning; or
``(2) the center has been certified by a State government,
and the Secretary has approved the State government as having
in effect standards for certification that reasonably provide
for the protection of the public health with respect to
poisoning.
``(d) Waiver of Certification Requirements.--
``(1) In general.--The Secretary may grant a waiver of the
certification requirement of subsection (c) with respect to a
noncertified poison center that applies for a grant under this
section if such center can reasonably demonstrate that the
center will obtain such a certification within a reasonable
period of time as determined appropriate by the Secretary.
``(2) Renewal.--The Secretary may renew a waiver under
paragraph (1).
``(3) Limitation.--In no instance may the sum of the number
of years for a waiver under paragraph (1) and a renewal under
paragraph (2) exceed 5 years. The preceding sentence shall take
effect as of the date of the enactment of the Poison Center
Support, Enhancement, and Awareness Act of 2008.
``(e) Supplement Not Supplant.--Amounts made available to a poison
center under this section shall be used to supplement and not supplant
other Federal, State, or local funds provided for such center.
``(f) Maintenance of Effort.--A poison center, in utilizing the
proceeds of a grant under this section, shall maintain the expenditures
of the center for activities of the center at a level that is not less
than the level of expenditures maintained by the center for the fiscal
year preceding the fiscal year for which the grant is received.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for each of the fiscal years 2000 through 2004,
$25,000,000;
``(2) for each of the fiscal years 2005 through 2009,
$27,500,000; and
``(3) for each of the fiscal years 2010 through 2014,
$35,000,000, of which $1,500,000 shall be used to award grants
for the purpose described in subsection (b)(4).''.
(b) Effective Date.--The amendment made by this section shall be
effective as of the date of the enact-
ment of this Act and shall apply to grants made on or after January 1,
2009.
Passed the House of Representatives June 4, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Poison Center Support, Enhancement, and Awareness Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide coordination and assistance for the maintenance of the nationwide toll-free phone number to access poison centers.
Changes the name of poison control centers to poison centers.
Requires the Secretary to carry out and expand upon a national media campaign to educate the public and health care providers about poison prevention and the availability of poison center resources in local communities. Authorizes the Secretary to enter into contracts with a nationally recognized organization for the development and implementation of a nationwide poison prevention and poison center awareness campaign.
Expands the poison center grant program to allow the Secretary to award grants for poison centers to comply with the operational requirements needed to sustain certification. Adds as the purposes for which such grants may be used: (1) to establish and evaluate best practices in the United States for poison prevention, poison center outreach, and emergency and preparedness programs; (2) to develop and implement standard patient management guidelines for commonly encountered toxic exposures; (3) to improve national toxic exposure surveillance; (4) to develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data; and (5) to develop initiatives to foster the enhanced public health utilization of national poison data. Eliminates matching requirements for such grants.
Authorizes appropriations for FY2010-FY2014. |
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 ``Hong Kong Reversion Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to support the autonomous governance of Hong Kong and
the future well-being of the Hong Kong people by ensuring the
continuity of United States laws with respect to Hong Kong
after its reversion to the People's Republic of China on July
1, 1997; and
(2) to outline circumstances under which the President of
the United States could modify the application of United States
laws with respect to Hong Kong if the People's Republic of
China fails to honor its commitment to give the Special
Administrative Region of Hong Kong a high degree of autonomy.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing on December 19, 1984, is a binding
international agreement that sets forth the commitments made by
both governments on the reversion of Hong Kong to the People's
Republic of China on July 1, 1997.
(2) The People's Republic of China in the Joint Declaration
pledges, among other things, that ``the Hong Kong Special
Administrative Region will enjoy a high degree of autonomy,
except in foreign and defence affairs . . .,'' that basic human
rights and freedoms ``will be ensured by law . . .,'' and that
``[t]he legislature of the Hong Kong Special Administrative
Region shall be constituted by elections.''.
(3) Senior government officials of the People's Republic of
China have repeatedly assured a smooth transfer of Hong Kong to
Chinese sovereignty, a successful implementation of the ``one
country, two systems'' policy, long-term prosperity for Hong
Kong, and continued respect for the basic rights of the Hong
Kong people.
(4) Despite guaranteeing the autonomous governance of Hong
Kong, several official acts and statements by senior officials
of the Government of the People's Republic of China reflect an
attempt to infringe upon the current and future levels of
autonomy in Hong Kong. These acts or statements include--
(A) initial proposals, which were later withdrawn,
by officials of the Government of the People's Republic
of China to obtain confidential files on civil servants
of the Hong Kong Government or require such civil
servants to take ``loyalty oaths'';
(B) the decision of the Government of the People's
Republic of China to dissolve the democratically
elected Legislative Council on July 1, 1997, and the
appointment of a provisional legislature in December of
1996;
(C) the delineation by officials concerning the
types of speech and association that will be permitted
by the Government of the People's Republic of China
after the reversion;
(D) initial warnings, which were later withdrawn,
to religious institutions not to hold certain
gatherings after the reversion; and
(E) the decision on February 23, 1997, of the
Standing Committee of the National People's Congress of
the People's Republic of China to repeal or amend
certain Hong Kong ordinances, including the Bill of
Rights Ordinance, the Societies Ordinance of 1992
(relating to freedom of association), and the Public
Order Ordinance of 1995 (relating to freedom of
assembly).
(5) Despite commitments in the Joint Declaration
guaranteeing the autonomous governance of Hong Kong, several
official acts of the Government of the United Kingdom have
damaged prospects for the future autonomy of Hong Kong. These
acts include--
(A) the conclusion of an agreement on the Court of
Final Appeal, which violates the Joint Declaration; and
(B) a 1990 agreement with the People's Republic of
China to limit the number of democratically-elected
seats in the Legislative Council to one-third the
number of seats in the Council, which violates the
Joint Declaration.
(6) The reversion of Hong Kong to the People's Republic of
China has important implications for both United States
national interests and the interests of the Hong Kong people.
The United States Government has a responsibility to ensure
that United States interests are protected during and after
this transition, and it has a profound interest in ensuring
that basic and fundamental human rights of the Hong Kong people
are also protected.
(7) The United States-Hong Kong Policy Act of 1992 (Public
Law 102-383; 22 U.S.C. 5701 et seq.) sets forth United States
policy concerning Hong Kong's reversion to the People's
Republic of China on July 1, 1997, and Hong Kong's special
status as a Special Administrative Region of that country. The
Act ensures the continuity of United States laws regarding Hong
Kong while establishing a mechanism in section 202 of that Act
(22 U.S.C. 5722) whereby the President can modify the
application of United States laws with respect to Hong Kong if
the President ``determines that Hong Kong is not sufficiently
autonomous to justify treatment under a particular law of the
United States, or any provision thereof, different from that
accorded the People's Republic of China''. In making this
determination, the President shall consider ``the terms,
obligations, and expectations expressed in the Joint
Declaration''.
(8) One of the principal purposes of Congress in enacting
the United States-Hong Kong Policy Act of 1992 was to maintain
Hong Kong's autonomy by ensuring that the United States will
continue to treat Hong Kong as a distinct legal entity,
separate and apart from the People's Republic of China, for all
purposes, in those areas in which the People's Republic of
China has agreed that Hong Kong will continue to enjoy a high
degree of autonomy, unless the President makes a determination
under section 202 of that Act.
(9) The United States-Hong Kong Policy Act of 1992 requires
the Secretary of State to evaluate the implementation of the
Joint Declaration.
(10) Ultimately, the future of Hong Kong will be determined
by the willingness of the Government of the People's Republic
of China to respect its commitments in the Joint Declaration to
maintain the freedoms now enjoyed by the people of Hong Kong
and to rely on the people of Hong Kong to govern themselves.
SEC. 4. CONGRESSIONAL DECLARATIONS.
Congress makes the following declarations:
(1) Recognizing that the United States Government and the
Hong Kong Government have long enjoyed a close and beneficial
working relationship, for example, between the United States
Customs Service, the Federal Bureau of Investigation, the Drug
Enforcement Administration, the Immigration and Naturalization
Service, the Secret Service, and their corresponding agencies
of the Hong Kong Government, the United States urges the two
governments to continue their effective cooperation.
(2) Recognizing that the preservation of Hong Kong's
autonomous customs territory has important security and
commercial implications for the United States and the people of
Hong Kong, the United States calls upon the People's Republic
of China to fully respect the autonomy of the Hong Kong customs
territory.
(3) Recognizing that Hong Kong has historically been an
important port of call for United States naval vessels, the
United States urges the Government of the People's Republic of
China to consider in a timely and routine manner United States
requests for port calls at Hong Kong.
(4) Recognizing that Hong Kong enjoys a robust and
professional free press with important guarantees on the
freedom of information, the United States declares that a free
press and access to information are fundamentally important to
the economic and commercial success of Hong Kong and calls upon
the Government of the People's Republic of China to fully
respect these essential rights of the Hong Kong people.
(5) Recognizing that the provisional legislature is not a
representative body and that its proposed election law is
designed to disadvantage the most popular political party and
political figures in Hong Kong, Congress declares that
elections for the Special Administrative Region legislature
should be conducted in accordance with laws drafted and
approved by the Hong Kong people or their democratically-
elected representatives.
(6) Recognizing that the Joint Declaration requires that
the Special Administrative Region legislature ``shall be
constituted by elections'', the United States declares that the
failure to have an elected legislature would be a violation of
the Joint Declaration and calls upon the Government of the
People's Republic of China to honor its treaty obligations.
(7) Recognizing that the Hong Kong people have long enjoyed
essential rights and freedoms as enumerated in the Universal
Declaration of Human Rights, the United States--
(A) declares that the Bill of Rights Ordinance is
consistent with the Joint Declaration and that
strengthening controls on the freedom to associate or
assemble is a serious threat to the basic freedoms of
the Hong Kong people; and
(B) calls upon the People's Republic of China, the
National People's Congress, and any groups appointed by
the Government of the People's Republic of China to
leave all revisions of Hong Kong law to a
democratically-elected legislature.
(8) Recognizing that under the terms of the Joint
Declaration the provisions of the International Covenant on
Civil and Political Rights will continue to apply in Hong Kong,
the United States--
(A) welcomes the public statement by the Chief
Executive-designate of Hong Kong that the legislation
that will replace repealed or amended sections of the
Societies Ordinance and Public Order Ordinance will be
the subject of public consultation; and
(B) urges that the new legislation should reflect
both the wishes of the people of Hong Kong, as clearly
expressed through their democratically-elected
representatives, and the provisions of the
International Covenant on Civil and Political Rights.
(9) Recognizing that Hong Kong currently maintains an
efficient capitalist economy and trade system by strictly
adhering to the rule of law, by honoring the sanctity of
contract, and by operating without corruption and with minimum
and transparent regulation, the United States calls upon the
Government of the People's Republic of China to fully respect
the autonomy and independence of the chief executive, the civil
service, the judiciary, the police of Hong Kong, and the
Independent Commission Against Corruption.
SEC. 5. PRESIDENTIAL DETERMINATION UNDER SECTION 202 OF THE UNITED
STATES-HONG KONG POLICY ACT OF 1992 AND ADDITIONAL
REPORTING REQUIREMENTS.
(a) In General.--In determining whether Hong Kong is not
sufficiently autonomous to justify treatment under a particular law of
the United States, or any provision thereof, different from that
accorded the People's Republic of China, as required by section 202(a)
of the United States-Hong Kong Policy Act of 1992 (Public Law 102-383;
22 U.S.C. 5722(a)), the President, based upon the assessments made
pursuant to subsection (b) of this section, as well as other
information included in the reports submitted under section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731), shall
consider the performance of the Hong Kong Government and the actions of
the Government of the People's Republic of China.
(b) Requirements for Reports to Congress.--The Secretary of State
shall include, in each report required by section 301 of the United
States-Hong Kong Policy Act of 1992, the following:
(1) Existence of freely elected legislature.--An assessment
by the Secretary whether the Hong Kong people have a
legislature that is fairly and freely elected, which the
Secretary shall determine by taking into account the following:
(A) Whether the Hong Kong people are able to
participate fully in elections as candidates and voters
without any political restrictions or infringements on
their basic rights of speech, assembly, and
association.
(B) Whether the Hong Kong electoral system is
designed to disadvantage any party or individuals.
(2) Successful and timely conclusion of agreements and
treaties.--An assessment by the Secretary whether the Hong Kong
Government or the People's Republic of China, or both, as the
case may be, have cooperated with the United States Government
in securing the following agreements or treaties:
(A) A bilateral investment treaty.
(B) An extradition treaty.
(C) An agreement on consular access in Hong Kong
for United States citizens comparable to that provided
for in the consular convention between the United
States and the People's Republic of China.
(D) An agreement to preserve the United States
consulate, with privileges and immunities for United
States personnel.
(E) A mutual legal assistance agreement.
(F) A prison transfer agreement.
(G) A civil aviation agreement.
(3) Continued cooperation from the agencies of the hong
kong government.--An assessment by the Secretary whether
agencies of the Hong Kong Government continue to cooperate with
United States Government agencies. The Secretary shall cite in
the report any evidence of diminished cooperation in the areas
of customs enforcement, drug interdiction, and prosecution and
prevention of money laundering, counterfeiting, credit card
fraud, and organized crime.
(4) Preservation of good governance and rule of law in hong
kong.--An assessment by the Secretary whether the Hong Kong
Government remains autonomous and relatively free of corruption
and whether the rule of law is respected in Hong Kong. The
Secretary shall cite in the report any--
(A) efforts to annul or curtail the application of
the Bill of Rights of Hong Kong;
(B) efforts to prosecute for violations of, or
broaden the application of, laws against treason,
secession, sedition, and subversion;
(C) acts or threats against nonviolent civil
disobedience;
(D) interference in the autonomy of the chief
executive, the civil service, the judiciary, or the
police;
(E) increased corruption in the Hong Kong
Government; and
(F) efforts to suppress freedom of the press or
restrict the free flow of information.
(5) Preservation of the autonomy of the customs territory
of hong kong.--An assessment by the Secretary whether the
customs territory of Hong Kong is administered in an autonomous
manner. The Secretary shall cite in the report any--
(A) failure to respect United States textile laws
and quotas;
(B) failure to enforce United States export control
laws or export license requirements;
(C) unauthorized diversions from Hong Kong of high
technology exports from the United States to Hong Kong;
(D) unprecedented diversion of Chinese exports
through Hong Kong in order to attain preferential
treatment in United States markets; and
(E) misuse of the customs territory of Hong Kong to
implement the foreign policy or trade goals of the
Government of the People's Republic of China.
SEC. 6. PROHIBITION ON USE OF FUNDS FOR PARTICIPATION OF HONG KONG
PROVISIONAL LEGISLATURE IN CERTAIN UNITED STATES
INFORMATION AGENCY PROGRAMS.
(a) Prohibition.--Notwithstanding any other provision of law, no
funds appropriated or otherwise made available for the United States
Information Agency may be used for purposes of the participation of any
member of the Hong Kong provisional legislature in any academic,
professional, or cultural program of the United States Information
Agency, including any international visitors program, any citizens
exchange program, and any scholarship or fellowship associated with any
such program.
(b) Hong Kong Provisional Legislature Defined.--In subsection (a),
the term ``Hong Kong provisional legislature'' means the body appointed
on December 21, 1996, in Shenzen, China, to replace the Hong Kong
Legislative Council that was elected in 1995.
SEC. 7. DEFINITION.
In this Act, the term ``Joint Declaration'' means Joint Declaration
of the Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the People's Republic of China on the
Question of Hong Kong, done at Beijing on December 19, 1984. | Hong Kong Reversion Act - Directs the President to consider the performance of the Hong Kong Government and the actions of the Chinese Government when determining whether Hong Kong is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China as required under the United States-Hong Kong Policy Act of 1992.
Directs the Secretary of State to include in each annual report to the Congress on conditions in Hong Kong, among other things, assessments of: (1) whether the Hong Kong people have a legislature that is fairly and freely elected; (2) Hong Kong's or China's cooperation in securing certain agreements with the United States; and (3) the autonomy of Hong Kong and its customs territory.
Prohibits the use of funds made available for the U.S. Information Agency (USIA) for the participation of any member of the Hong Kong provisional legislature in any academic, professional, or cultural program of the USIA, including any international visitors program, any citizens exchange program, and any scholarship or fellowship associated with any such program. |
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 ``Orphan Products Extension Now
Accelerating Cures and Treatments Act of 2017'' or the ``OPEN Act''.
SEC. 2. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW
INDICATION FOR A RARE DISEASE OR CONDITION.
(a) In General.--The Federal Food, Drug, and Cosmetic Act is
amended by inserting after section 505F of such Act (21 U.S.C. 355g)
the following:
``SEC. 505G. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A
NEW INDICATION FOR A RARE DISEASE OR CONDITION.
``(a) Designation.--
``(1) In general.--The Secretary shall designate a drug as
a drug approved for a new indication to prevent, diagnose, or
treat a rare disease or condition for purposes of granting the
extensions under subsection (b) if--
``(A) prior to approval of an application or
supplemental application for the new indication, the
drug was approved or licensed under section 505(c) of
this Act or section 351(a) of the Public Health Service
Act but was not so approved or licensed for the new
indication;
``(B)(i) the sponsor of the approved or licensed
drug files an application or a supplemental application
for approval of the new indication for use of the drug
to prevent, diagnose, or treat the rare disease or
condition; and
``(ii) the Secretary approves the application or
supplemental application; and
``(C) the application or supplemental application
for the new indication contains the consent of the
applicant to public notice under paragraph (4) with
respect to the designation of the drug.
``(2) Revocation of designation.--
``(A) In general.--Except as provided in
subparagraph (B), a designation under paragraph (1)
shall not be revoked for any reason.
``(B) Exception.--The Secretary may revoke a
designation of a drug under paragraph (1) if the
Secretary finds that the application or supplemental
application resulting in such designation contained an
untrue statement of material fact.
``(3) Notice to public.--The Secretary shall provide public
notice of the designation of a drug under paragraph (1).
``(b) Extension.--
``(1) In general.--If the Secretary designates a drug as a
drug approved for a new indication for a rare disease or
condition, as described in subsection (a)(1)--
``(A)(i) the 4-, 5-, and 7\1/2\-year periods
described in subsections (c)(3)(E)(ii) and
(j)(5)(F)(ii) of section 505, the 3-year periods
described in clauses (iii) and (iv) of subsection
(c)(3)(E) and clauses (iii) and (iv) of subsection
(j)(5)(F) of section 505, and the 7-year period
described in section 527, as applicable, shall be
extended by 6 months; or
``(ii) the 4- and 12-year periods described in
subparagraphs (A) and (B) of section 351(k)(7) of the
Public Health Service Act and the 7-year period
described in section 527, as applicable, shall be
extended by 6 months; and
``(B)(i) if the drug is the subject of a listed
patent for which a certification has been submitted
under subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of
section 505 or a listed patent for which a
certification has been submitted under subsection
(b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section 505,
the period during which an application may not be
approved under section 505(c)(3) or section
505(j)(5)(B) shall be extended by a period of 6 months
after the date the patent expires (including any patent
extensions); or
``(ii) if the drug is the subject of a listed
patent for which a certification has been submitted
under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of
section 505, and in the patent infringement litigation
resulting from the certification the court determines
that the patent is valid and would be infringed, the
period during which an application may not be approved
under section 505(c)(3) or section 505(j)(5)(B) shall
be extended by a period of 6 months after the date the
patent expires (including any patent extensions).
``(2) Relation to pediatric and qualified infectious
disease product exclusivity.--Any extension under paragraph (1)
of a period shall be in addition to any extension of the
periods under sections 505A and 505E of this Act and section
351(m) of the Public Health Service Act, as applicable, with
respect to the drug.
``(c) Limitations.--Any extension described in subsection (b)(1)
shall not apply if the drug designated under subsection (a)(1) has
previously received an extension by operation of subsection (b)(1).
``(d) Definition.--In this section, the term `rare disease or
condition' has the meaning given to such term in section 526(a)(2).''.
(b) Application.--Section 505G of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), applies only with respect to
a drug for which an application or supplemental application described
in subsection (a)(1)(B)(i) of such section 505G is first approved under
section 505(c) of such Act (21 U.S.C. 355(c)) or section 351(a) of the
Public Health Service Act (42 U.S.C. 262(a)) on or after the date of
the enactment of this Act.
(c) Conforming Amendments.--
(1) Relation to pediatric exclusivity for drugs.--Section
505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355a) is amended--
(A) in subsection (b), by adding at the end the
following:
``(3) Relation to exclusivity for a drug approved for a new
indication for a rare disease or condition.--Notwithstanding
the references in paragraph (1) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in paragraph (1) shall be in
addition to any extensions under section 505G.''; and
(B) in subsection (c), by adding at the end the
following:
``(3) Relation to exclusivity for a drug approved for a new
indication for a rare disease or condition.--Notwithstanding
the references in paragraph (1) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in paragraph (1) shall be in
addition to any extensions under section 505G.''.
(2) Relation to exclusivity for new qualified infectious
disease products that are drugs.--Subsection (b) of section
505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355f) is amended--
(A) by amending the subsection heading to read as
follows: ``Relation to Pediatric Exclusivity and
Exclusivity for a Drug Approved for a New Indication
for a Rare Disease or Condition.--''; and
(B) by striking ``any extension of the period under
section 505A'' and inserting ``any extension of the
periods under sections 505A and 505G, as applicable,''.
(3) Relation to pediatric exclusivity for biological
products.--Section 351(m) of the Public Health Service Act (42
U.S.C. 262(m)) is amended by adding at the end the following:
``(5) Relation to exclusivity for a biological product
approved for a new indication for a rare disease or
condition.--Notwithstanding the references in paragraphs
(2)(A), (2)(B), (3)(A), and (3)(B) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in such paragraphs shall be in
addition to any extensions under section 505G.''. | Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017 or the OPEN Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Department of Health and Human Services (HHS) to extend by six months the exclusivity period for a drug or biological product approved by the Food and Drug Administration (FDA) when the product is additionally approved to prevent, diagnose, or treat a new indication that is a rare disease or condition (also known as an orphan disease). HHS may revoke an extension if the application submitted to the FDA for the new indication contained an untrue material statement. HHS must notify the public of products that receive this extension and patents related to those products. Products may receive only one extension under this bill. Extensions under this bill are in addition to other extensions. The bill applies only to products approved after enactment of this bill for a new indication that is a rare disease or condition. |
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 ``Inclusive Home Design Act of 2003''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Accessible route.--The term ``accessible route'' means
a continuous unobstructed path that--
(A) can be negotiated by a person with a disability
using a wheelchair; and
(B) is safe for and usable by people with other
disabilities and people without disabilities.
(2) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is a detached single family house, a townhouse
or multi-level dwelling unit (whether detached or
attached to other units or structures), or a ground-
floor unit in a building of three or fewer dwelling
units;
(B) is designed as, or intended for occupancy as, a
residence;
(C) was designed, constructed, or commissioned,
contracted or otherwise arranged for design or
construction, by any person or entity who, at any time
during the design or construction, received Federal
financial assistance for any program or activity; and
(D) is made available for first occupancy after the
expiration of the one-year period beginning on the date
of the enactment of this Act.
(3) Environmental controls.--The term ``environmental
controls'' means, for a dwelling unit, any switches or devices
that control or regulate lights, temperature, fans, doors,
security system features, or any other feature included in the
new construction of the unit.
(4) Federal financial assistance.--The term ``Federal
financial assistance'' means--
(A) any assistance that is provided or otherwise
made available by the Secretary of Housing and Urban
Development or the Secretary of Veterans Affairs, or
any program or activity or such agencies, through any
grant, loan, contract, or any other arrangement, after
the expiration of the one-year period beginning on the
date of the enactment of this Act, including--
(i) grants, subsidies, or any other funds;
(ii) services of Federal personnel;
(iii) real or personal property or any
interest in or use of such property,
including--
(I) transfers or leases of the
property for less than the fair market
value or for reduced consideration; and
(II) proceeds from a subsequent
transfer or lease of the property if
the Federal share of its fair market
value is not returned to the Federal
Government;
(iv) any tax credit, mortgage or loan
guarantee or insurance; and
(v) community development funds in the form
of obligations guaranteed under section 108 of
the Housing and Community Development Act of
1974 (42 U.S.C. 5308); or
(B) any assistance that is provided or otherwise
made available by the Secretary of Agriculture under
title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.).
(5) Person or entity.--The term ``person or entity''
includes one or more individuals, corporations (including not-
for-profit corporations), partnerships, associations, labor
organizations, legal representatives, mutual corporations,
joint-stock companies, trusts, unincorporated associations,
trustees, trustees in cases under title 11 of the United States
Code, receivers, and fiduciaries.
SEC. 3. VISITABILITY REQUIREMENT.
It shall be unlawful for any person referred to in section 2(2)(C)
with respect to a covered dwelling unit to fail to ensure that such
dwelling unit contains at least one level that complies with the
following requirements:
(1) Accessible entrance.--
(A) In general.--Except as provided in subparagraph
(B), the level shall contain at least one entrance to
the dwelling unit that--
(i) is accessible to, and usable by, people
with disabilities such that all rooms on the
level are connected by an accessible route;
(ii) does not contain any steps or any door
threshold that exceeds one-half inch in height;
and
(iii) is located on a continuous
unobstructed path from the public street or
driveway that serves the unit, which path--
(I) at no point has a slope
exceeding one inch in rise for every 12
inches in length;
(II) has a width of not less than
36 inches;
(III) has a cross slope not greater
than two percent of the width;
(IV) is an accessible route; and
(V) may include curb ramps, parking
access aisles, walks, and ramps.
(B) Exceptions.--The provisions of clauses (ii) and
(iii) of subparagraph (A) shall not apply to a covered
dwelling unit if--
(i) the finished grade of the site is too
steep to provide a path having a slope meeting
the requirements of subclause (I) of
subparagraph (A)(iii) at the front, side, or
back of the unit;
(ii) there is no driveway serving the unit;
and
(iii) there is no alley or other roadway
capable of providing vehicular access to the
rear of the unit.
(2) Accessible interior doors.--All doors that are designed
to allow passage within the level shall have an unobstructed
opening of at least 32 inches when the door is open at a 90-
degree angle.
(3) Accessible environmental controls.--All environmental
controls located on the level shall be located on the wall--
(A) at least 15 inches, but not more than 48
inches, above the floor; or
(B) in the case of environmental controls located
directly above a counter, sink, or appliance, not more
than three inches above such counter, sink, or
appliance.
(4) Accessible habitable space and bathroom.--The level
shall contain the following:
(A) Habitable space.--At least one indoor room that
has an area of not less than 70 square feet and
contains no side or dimension narrower than seven feet.
(B) Bathroom.--At least one bathroom that contains,
at a minimum, the following:
(i) Clear floor space.--Clear floor space
of 30 by 48 inches centered on and contiguous
to the sink, which is not encroached by the
swing path of the bathroom door.
(ii) Accessible sink and toilet.--A sink
and a toilet that each allow for a parallel or
head-on approach by a person in a wheelchair.
(iii) Reinforced walls.--Walls that are
reinforced to be capable of supporting grab
bars that resist shear and bending forces of a
minimum of 250 pounds, as follows:
(I) All walls adjacent to the
toilet shall have horizontal backing
reinforcements, each at least 33
inches, but not more than 36 inches,
above the floor, and sufficient to
allow for a 24-inch grab bar on the
wall behind the toilet and another 42-
inch grab bar.
(II) If a bathtub is present in the
bathroom, such reinforcements shall
include (aa) two backing reinforcements
on the back wall of the bathtub, each
at least 24 inches long and not more
than 24 inches from the head end wall
and not more than 12 inches from the
foot end wall, one in a horizontal
position at least 33 inches, but not
more than 36 inches, above the floor,
and one 9 inches above the rim of the
bathtub, (bb) one backing reinforcement
on the foot end wall of the bathtub, at
least 24 inches long and located at the
front edge of the bathtub, and (cc) one
backing reinforcement on the head end
wall of the bathtub, at least 12 inches
long and located at the front edge of
the bathtub.
(III) If a shower is present in the
bathroom, such reinforcements shall
include backing reinforcements on at
least two walls on which the control
valve is not located, each at least 33
inches, but not more than 36 inches,
above the floor.
SEC. 4. ENFORCEMENT.
(a) Requirement for Federal Financial Assistance.--Each applicant
for Federal financial assistance shall submit an assurance to the
Federal agency responsible for such assistance that all of its programs
and activities will be conducted in compliance with this Act.
(b) Approval of Architectural and Construction Plans.--
(1) Submission.--Any applicant for or recipient of Federal
financial assistance who designs, constructs, or commissions,
contracts, or otherwise arranges for design or construction of
a covered dwelling unit shall submit architectural and
construction plans for such unit to the State or local
department or agency that is responsible, under applicable
State or local law, for the review and approval of construction
plans for compliance with generally applicable building codes
or requirements (in this subsection referred to as the
``appropriate State or local agency'').
(2) Determination of compliance.--
(A) Condition of federal housing assistance.--The
Secretary of Housing and Urban Development may not
provide any Federal financial assistance under any
program administered by such Secretary to a State or
unit of general local government (or any agency
thereof) unless the appropriate State or local agency
thereof is, in the determination of the Secretary,
taking the enforcement actions under subparagraph (B).
(B) Enforcement actions.--The enforcement actions
under this subparagraph are--
(i) reviewing any plans for a covered
dwelling unit submitted pursuant to paragraph
(1) and approving or disapproving such plans
based upon compliance of the dwelling unit with
the requirements of this Act; and
(ii) consistent with applicable State or
local laws and procedures, withholding final
approval of construction or occupancy of a
covered dwelling unit unless and until such
compliance is determined.
(c) Civil Action for Private Persons.--Any person aggrieved by an
act or omission that is unlawful under this Act may commence a civil
action in an appropriate United States district court or State court
against any person or entity responsible for any part of the design or
construction of a covered dwelling unit no later than two years after
the occurrence or termination of the alleged unlawful conduct under
this Act. For purposes of this section, a violation involving a covered
dwelling unit that is not designed or constructed in conformity with
the requirements of this Act shall not be considered to terminate until
the violation is corrected.
(d) Enforcement by Attorney General.--Whenever the Attorney General
has reasonable cause to believe that any person or group of persons has
violated this Act, the Attorney General may commence a civil action in
any appropriate United States district court. The Attorney General may
also, upon timely application, intervene in any civil action brought
under subsection (c) by a private person if the Attorney General
certifies that the case is of general public importance.
(e) Relief.--In any civil action brought under this section, if the
court finds that a violation of this title has occurred or is about to
occur, it may award to the plaintiff actual and punitive damages, and
subject to subsection (g), may grant as relief, as the court finds
appropriate, any permanent or temporary injunction, temporary
restraining order, or other order (including an order enjoining the
defendant from violating the Act or ordering such affirmative action as
may be appropriate).
(f) Attorney's Fees.--In any civil action brought under this
section, the court, in its discretion, may allow the prevailing party,
other than the United States, a reasonable attorney's fee and costs.
(g) Effect on Certain Sales, Encumbrances, and Rentals.--Relief
granted under this section shall not affect any contract, sale,
encumbrance, or lease consummated before the granting of such relief
and involving a bona fide purchaser, encumbrancer, or tenant, without
actual notice of a civil action under this title.
SEC. 5. EFFECT ON STATE LAWS.
Nothing in this Act shall be constructed to invalidate or limit
any law of a State or political subdivision of a State, or of any other
jurisdiction in which this Act shall be effective, that grants,
guarantees, or provides the same rights, protections, and requirements
as are provided by this Act, but any law of a State, a political
subdivision thereof, or other such jurisdiction that purports to
require or permit any action that would violate this Act shall to that
extent be invalid.
SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.
Nothing in this Act shall limit any right, procedure, or remedy
available under the Constitution or any other Act of the Congress.
SEC. 7. SEVERABILITY OF PROVISIONS.
If any provision of this Act of the application thereof to any
person or circumstances is held invalid, the remainder of the Act and
the application of the provision to other persons not similarly
situated shall not be affected thereby. | Inclusive Home Design Act of 2003 - Requires, with exceptions, newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the following accessibility features for persons with disabilities: (1) accessible entrance; (2) accessible interior doors; (3) accessible environmental controls; and (4) accessible habitable space and an accessible bathroom.
Requires: (1) each applicant for Federal financial assistance to submit compliance assurances to the relevant Federal agency, and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for State or local approval. Prohibits Federal financial assistance to a State or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings.
Permits: (1) private civil actions in a United States District Court or State court for violations under this Act; and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act. |
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 ``Las Cienegas Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
Sahuarita parcel of land consisting of approximately 1,280
acres, as depicted on the map entitled ``Las Cienegas
Enhancement Act--Federal Land'' and dated May 9, 2006.
(2) Landowner.--The term ``landowner'' means Las Cienegas
Conservation, LLC.
(3) Non-federal land.--The term ``non-Federal land'' means
the Empirita-Simonson parcel of land consisting of
approximately 2,392 acres, as depicted on the map entitled
``Las Cienegas Enhancement Act--Non-Federal Land'' and dated
May 9, 2006.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT LAND IN PIMA COUNTY,
ARIZONA.
(a) Exchange Authorized.--If the landowner offers to convey to the
Secretary title to the non-Federal land, the Secretary shall accept the
offer and convey to the landowner all, right, title, and interest of
the United States in and to the Federal land.
(b) Valuation, Appraisals, and Equalization.--
(1) Equal value exchange.--The value of the Federal land
and the non-Federal land to be exchanged under this section
shall be equal. If the values are not equal, the values shall
be equalized in accordance with paragraph (3).
(2) Appraisal.--To determine the value of the Federal land
and the non-Federal land, the Federal land and the non-Federal
land shall be subject to an appraisal by an independent,
qualified appraiser agreed to by the Secretary and landowner.
The appraiser shall consider the value of the Federal land and
the non-Federal land as of the date of the enactment of this
Act. The appraisal shall be conducted in accordance with the
Uniform Appraisal Standards for Federal Land Acquisition and
the Uniform Standards of Professional Appraisal Practice. Not
later than 180 days after the date of enactment of this Act,
the appraisal shall be submitted to the Secretary and landowner
for approval.
(3) Equalization of values.--If the values of the Federal
land and non-Federal land are not equal, their values may be
equalized--
(A) by reducing the acreage of the non-Federal land
or the Federal land to be exchanged, as appropriate; or
(B) by the payment by the landowner or the
Secretary of a cash equalization payment, which, in the
case of a cash equalization payment made by the
landowner, may exceed 25 percent of the value of the
Federal land, notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)).
(4) Disposition and use of proceeds.--Any cash equalization
payment received by the Secretary under paragraph (3) shall be
deposited in the Federal Land Disposal Account established by
section 206(a) of the Federal Land Transaction Facilitation Act
(43 U.S.C. 2305(a)). Amounts so deposited shall be available to
the Secretary, without further appropriation and until
expended, for the acquisition of land and interests in land in
southern Arizona.
(c) Protection of Valid Existing Rights.--The exchange of the
Federal land and the non-Federal land shall be subject to any
easements, rights-of-way, and other valid encumbrances on the land in
existence on the date of enactment of this Act.
(d) Time for Completion of Exchange.--The exchange of the Federal
land and non-Federal land under this section shall be completed--
(1) except as provided in paragraph (2), not later than one
year after the date of the enactment of this Act; or
(2) if there is a dispute concerning an appraisal of the
Federal land or non-Federal land or appraisal issue arising
under subsection (b), before the expiration of the 90-day
period beginning on the date the dispute is resolved.
(e) Administrative Costs.--As a condition of the conveyance of the
Federal land to the landowner, the landowner shall pay the costs of
carrying out the exchange of the Federal land and non-Federal land
under this section, including any direct costs relating to any
environmental reviews and mitigation of the Federal land.
(f) Correction of Errors; Minor Boundary Adjustments.--The
Secretary and landowner may mutually agree--
(1) to correct minor errors in the legal descriptions of
the Federal land and non-Federal land to be exchanged under
this section; or
(2) to make minor adjustments to the boundaries of the
Federal land and non-Federal land.
(g) Road Access.--Not later than 18 months after the date on which
the non-Federal land is acquired by the Secretary, the Secretary shall
provide to the Secretary of Agriculture a right-of-way through the non-
Federal land for motorized public road access to the boundary of the
Coronado National Forest. The right-of-way shall be provided in
accordance with section 507 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1767).
(h) Administration of Land Acquired by the United States.--On
acquisition of the non-Federal land by the Secretary, the Secretary
shall--
(1) include the acquired land as part of the Las Cienegas
National Conservation Area; and
(2) administer the acquired land in accordance with Public
Law 106-538 (16 U.S.C. 460ooo et seq.), which established the
Las Cienegas National Conservation Area, and other applicable
laws.
SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CONSERVATION AREA
BOUNDARY.
The boundary of the Las Cienegas National Conservation Area is
modified to exclude the 40-acre tract that, as of the date of the
enactment of this Act, is leased by the Bureau of Land Management to
the town of Elgin, Arizona, for a sanitary landfill.
SEC. 5. LAND CONVEYANCE, PIMA COUNTY, ARIZONA.
As an additional condition of the conveyance of the Federal land to
the landowner under section 3, the landowner shall convey, without
consideration, to Pima County, Arizona, a parcel of land consisting of
approximately 98 acres, as depicted on the map referred to in section
2(1) as ``land to be conveyed to Pima County''.
Passed the House of Representatives September 27, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Las Cienegas Enhancement Act - Requires the Secretary of the Interior (the Secretary), if Las Cienegas Conservation, LLC, offers to convey to the Secretary title to the Empirita-Simonson parcel of land (the non-federal land) to accept the offer and convey to Las Cienegas Conservation, LLC, the Sahuarita parcel of land (the federal land).
Requires the values of the federal and non-federal land exchanged to be equal.
Sets forth requirements for: (1) an independent appraisal of the federal and non-federal land; and (2) the equalization of the values of such land if they are not equal, including by the payment by Las Cienegas Conservation, LLC, or the Secretary of a cash equalization payment..
Requires: (1) the deposit of any cash equalization payment received by the Secretary in the Federal Land Disposal Account; and (2) amounts so deposited to be available to the Secretary for the acquisition of lands and interests in land in southern Arizona.
Subjects the exchange of the federal and non-federal land to any easements, rights-of-way, and other valid encumbrances on such land in existence on the enactment of this Act.
Requires Las Cienegas Conservation, LLC, to: (1) pay the costs of carrying out the exchange of such land, including any direct costs related to any environmental reviews and mitigation of the federal land; and (2) convey to Pima County, Arizona, a certain parcel of land.
Instructs the Secretary to provide to the Secretary of Agriculture a right of way through the non-federal land for motorized public road access to the boundary of the Coronado National Forest.
Requires the Secretary, upon acquisition of the non-federal land, to include the acquired land as part of the Las Cienegas National Conservation Area.
Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract that, as of the enactment of this Act, is leased by the Bureau of Land Management (BLM) to the town of Elgin, Arizona, for a sanitary landfill. |
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 ``Study of Ways to Improve the
Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas
Royalties Act of 2006''.
SEC. 2. STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF
FEDERAL OIL, CONDENSATE, AND NATURAL GAS ROYALTIES.
The Secretary of the Interior shall seek to enter into an
arrangement with the National Academy of Engineering under which the
Academy, by not later than six months after the date of the enactment
of this Act, shall study and report to the Secretary regarding whether
the accuracy of collection of royalties on production of oil,
condensate, and natural gas under leases of Federal lands (in eluding
submerged and deep water lands) and Indian lands would be improved by
any of the following:
(1) Requiring the installation of digital meters,
calibrated at least monthly to an absolute zero value, for all
lands from which natural gas (including condensate) is produced
under such leases.
(2) Requiring that--
(A) the size of every orifice plate on each natural
gas well operated under such leases be inspected at
least quarterly by the Secretary; and
(B) chipped orifice plates and wrong-sized orifice
plates be replaced immediately after those inspections
and reported to the Secretary for retroactive volume
measurement corrections and royalty payments with
interest of 8 percent compounded monthly.
(3) Requiring that any plug valves that are in natural gas
gathering lines be removed and replaced with ball valves.
(4) Requiring that--
(A) all meter runs should be opened for inspection
by the Secretary and the producer at all times; and
(B) any welding or closing of the meter runs
leading to the orifice plates should be prohibited
unless authorized by the Secretary.
(5) Requiring the installation of straightening vanes
approximately 10 feet before natural gas enters each orifice
meter.
(6) Requiring that all master meters be inspected and the
results of such inspections be made available to the Secretary
and the producers immediately.
(7) Requiring that--
(A) all sampling of natural gas for heating content
analysis be performed monthly upstream of each natural
gas meter, including upstream of each master meter;
(B) records of such sampling and heating content
analysis be maintained by the purchaser and made
available to the Secretary and to the producer monthly;
(C) probes for such upstream sampling be installed
upstream within three feet of each natural gas meter;
(D) any oil and natural gas lease for which heat
content analysis is falsified shall be subject to
cancellation;
(E) natural gas sampling probes be located--
(i) upstream of the natural gas meter at
all times;
(ii) within a few feet of the natural gas
meter; and
(iii) after the natural gas goes through a
Welker or Y-Z vanishing chamber; and
(F) temperature probes and testing probes be
located between the natural gas sampling probe and the
orifice of the natural gas meter.
(8)(A) Reinstating the requirement to file Federal Energy
Regulatory Commission (FERC) Form 16 in April and September of
each year for every natural gas pipeline, including each
intrastate pipelines, in addition to the filing of FERC Form 2.
(B) Requiring--
(i) use of such FERC Form 2 to create FERC Form 16
data for the years beginning April and September,
respectively, 1992, and for each year thereafter; and
(ii) filing with the Federal Energy Regulatory
Commission a FERC Form 16 for April and September that
is completed with such data back to April 1992.
(9) Requiring that administrative jurisdiction over all
natural gas gathering lines, interstate pipelines, and
intrastate piplines revert immediately to the Federal Energy
Regulatory Commission.
(10) Prohibiting the dilution of natural gas with inert
nitrogen or inert carbon dioxide gas for royalty determination,
sale, or resale at any point.
(11) Requiring that both the measurement of the volume of
natural gas and the heating content analyses be reported only
on the basis of 14.72 PSI and 60 degrees Fahrenheit, regardless
of the elevation above sea level of such volume measurement and
heating content analysis, for both purchases and sales of
natural gas.
(12) Prohibiting the construction of bypass pipes that go
around the natural gas meter, and imposing criminal penalties
for any such construction or subsequent removal including, but
not limited to, automatic cancellation of the lease.
(13) Requiring that all natural gas sold to consumers have
a minimum BTU content of 960 at an atmospheric pressure of
14.73 PSI and be at a temperature of 60 degrees Fahrenheit, as
required by the State of Wyoming Public Utilities Commission.
(14) Requiring that all natural gas sold in the USA will be
on a MMBTU basis with the BTU content adjusted for elevation
above sea level in higher altitudes. Thus all natural gas
meters must correct for BTU content in higher elevations
(altitudes).
(15) Issuance by the Secretary of rules for the measurement
at the wellhead of the standard volume of natural gas produced,
based on independent industry standards such as those suggested
by the American Society of Testing Materials (ASTM).
(16) Requiring use of the fundamental orifice meter mass
flow equation, as revised in 1990, for calculating the standard
volume of natural gas produced.
(17) Requiring the use of Fpv in standard volume
measurement computations as described in the 1992 American Gas
Association Report No. 8 entitled Compressibility Factor of
Natural Gas and Other Related Hydrocarbon Gases.
(18) Requiring that gathering lines must be constructed so
as to have as few angles and turns as possible, with a maximum
of three angles, before they connect with the natural gas
meter.
(19) Requiring that for purposes of reporting the royalty
value of natural gas, condensate, oil, and associated natural
gases, such royalty value must be based upon the natural gas'
condensate's, oil's, and associated natural gases' arm's
length, independent market value, as reported in independent,
respected market reports such as Platts or Bloombergs, and not
based upon industry controlled posted prices, such as Koch's.
(20) Requiring that royalties be paid on all the condensate
recovered through purging gathering lines and pipelines with a
cone-shaped device to push out condensate (popularly referred
to as a pig) and on condensate recovered from separators,
dehydrators, and processing plants.
(21) Requiring that all royalty deductions for dehydration,
treating, natural gas gathering, compression, transportation,
and other similar charges on natural gas, condensate, and oil
produced under such leases that are now in existence be
eliminated.
(22) Requiring that at all times--
(A) the quantity, quality, and value obtained for
natural gas liquids (condensate) be reported to the
Secretary; and
(B) such reported value be based on fair
independent arm's length market value.
(23) Issuance by the Secretary of regulations that prohibit
venting or flaring (or both) of natural gas in cases for which
technology exists to reasonably prevent it, strict enforcement
of such prohibitions, and cancellation of leases for
violations.
(24) Requiring lessees to pay full royalties on any natural
gas that is vented, flared, or otherwise avoidably lost.
(25) Requiring payment of royalties on carbon dioxide at
the wellhead used for tertiary oil recovery from depleted oil
fields and for edible purposes on the basis of 5 percent of the
West Texas Intermediate crude oil fair market price to be used
for one MCF (1,000 cubic feet) of carbon dioxide gas.
(26) Requiring that--
(A) all carbon dioxide produced from Federal and
Indian leases be analyzed for carcinogenic benzene; and
(B) benzene produced with such carbon dioxide must
be filtered out and removed safely as necessary to
prevent harm to the environment bearing such benezene
content to a maximum permissible level of 5 parts per
billion.
(27) Requiring that--
(A) royalties be paid on the fair market value of
nitrogen extracted from such leases that is used
industrially for well stimulation, helium recovery, or
other uses; and
(B) royalties be paid on the fair market value of
ultimately processed helium recovered from such leases.
(28) Allowing only 5 percent of the value of the elemental
sulfur recovered during processing of hydrogen sulfide gas from
such leases to be deducted for processing costs in determining
royalty payments.
(29) Requiring that all heating content analysis of natural
gas be conducted to a minimum level of C<INF>15</INF>.
(30) Eliminating artificial conversion from dry BTU to wet
BTU, and requiring that natural gas be analyzed and royalties
paid for at all times on the basis of dry BTU only.
(31) Requiring that natural gas sampling be performed at
all times with a floating piston cylinder container at the same
pressure intake as the pressure of the natural gas gathering
line.
(32) Requiring use of natural gas filters with a minimum of
10 microns, and preferably 15 microns, both in the intake to
natural gas sampling containers and in the exit from the
natural gas sampling containers into the chromatograph.
(33) Mandate the use of a Quad Unit for both portable and
stationary chromatographs in order to correct for the presence
of nitrogen and oxygen, if any, in certain natural gas streams.
(34) Require the calibration of all chromatograph equipment
every three months and the use of only American Gas
Association-approved standard comparison containers for such
calibration.
(35) Requiring that natural gas stored during the summer
period and marketed during the winter period be sold on the
basis of the purchase price minus a maximum of $0.50 per MMBTU
storage charges.
(36) Requiring payment of royalties on any such natural gas
stored on Federal or Indian lands on the basis of corresponding
storage charges.
(37) Imposing penalties for the intentional nonpayment of
royalties for natural gas liquids recovered--
(A) from purging of natural gas gathering lines and
natural gas pipelines; or
(B) from field separators, dehydrators, and
processing plants,
including cancellation of oil and natural gas leases and
criminal penalties.
(38) Requiring that the separator, dehydrator, and natural
gas meter be located within 100 feet of each natural gas
wellhead.
(39) Requiring that BTU heating content analysis be
performed when the natural gas is at a temperature of 140 to
150 degrees Fahrenheit at all times.
(40) Requiring that heating content analysis and volume
measurements are identical at the sales point to what they are
at the purchase point, after allowing for a small volume for
leakage in old pipes, but with no allowance for heating content
discrepancy.
(41) Requiring that all natural gas produced under such
leases be at all times sold to public, industrial, storage, and
private customers only on a MMBTU basis of MCF (1000 CF) x MBTU
(1000 BTU).
(42) Verification by the Secretary that the specific
gravity of natural gas produced under such leases, as measured
at the meter run, corresponds to the heating content analysis
data for such natural gas, in accordance with the Natural Gas
Processors Association Publication 2145-71(1), entitled
``Physical Constants Of Paraffin Hydrocarbons And Other
Components Of Natural Gas'', and reporting of all discrepancies
immediately.
(43) Prohibiting all deductions on royalty payments for
marketing of natural gas, condensate, and oil by an affiliate
or agent.
(44) Requiring that all standards of the American Petroleum
Institute, the American Gas Association, the Gas Processors
Association, and the American Society of Testing Materials,
Minerals Management Service Order No. 5, and all other Minerals
Management Service orders be faithfully observed and applied,
and willful misconduct of such standards and orders be subject
to oil and gas lease cancellation.
SEC. 3. REVIEW OF ROYALTY PAYMENTS.
The Secretary of the Interior, subject to the availability of
appropriations, shall award a contract under which the contractor
shall--
(1) compare royalty payments made under Federal oil and gas
lease provisions for covered lands against data supplied to the
Federal Energy Regulatory Commission;
(2) make such comparison retroactive to June 1, 1974, by
integrating existing natural gas analog charts or digital meter
results (or both) for each natural gas meter and multiplying
the corresponding standard volume results by heating content
analysis obtained from corresponding specific gravity
measurement relationship;
(3) determine whether the correct production standard
volume and heating content analysis was used to calculate such
payments; and
(4) determine whether such payments were adequate under the
terms of such oil and gas leases, by among other procedures
comparing the reported royalty values with respected published
market price reports, such as Platts or Bloombergs.
SEC. 4. DEFINITIONS.
In this Act:
(1) Covered lands.--The term ``covered lands'' means--
(A) all Federal onshore lands and offshore lands
that are under the administrative jurisdiction of the
Department of the Interior for purposes of oil and gas
leasing; and
(B) Indian lands.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Study of Ways to Improve the Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of 2006 - Directs the Secretary of the Interior to arrange with the National Academy of Engineering to study and report to the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of federal lands (including submerged, deep water, and Indian lands) would be improved by implementing certain prescribed measures.
Requires the Secretary to award a contract under which the contractor shall: (1) compare royalty payments made under federal oil and gas lease provisions for covered lands against data supplied to the Federal Energy Regulatory Commission; (2) make such comparison retroactive to June 1, 1974; (3) determine whether the correct production standard volume and heating content analysis was used to calculate such payments; and (4) determine whether such payments were adequate under the terms of the oil and gas leases. |
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 ``HIV Prevention for Youth Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The President's Emergency Plan for AIDS Relief (in this
Act referred to as ``PEPFAR'') is an unprecedented effort to
combat the global AIDS epidemic, with $9,000,000,000 targeted
for initiatives in 15 focus countries.
(2) The PEPFAR prevention goal is to avert 7,000,000 HIV
infections in the 15 focus countries--most in sub-Saharan
Africa where heterosexual intercourse is by far the predominant
mode of HIV transmission.
(3) The PEPFAR strategy for prevention of sexual
transmission of HIV is shaped by 3 elements: the ABC model,
defined as ``Abstain, Be faithful, use Condoms'', the promotion
of ``abstinence-until-marriage'', and deference to local
prevention needs.
(4) The United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 requires that at least
one-third of all prevention funds be reserved for abstinence-
until-marriage programs. In implementing this requirement, the
U.S. Global AIDS Coordinator has required that 50 percent of
prevention funding be dedicated to sexual transmission
prevention activities. This requirement severely limits
countries from employing strategies for the prevention of
sexual transmission other than abstinence, because the other
sexual transmission prevention programs under PEPFAR (such as
the purchase of condoms and management of sexually transmitted
infections) cannot exceed one-sixth of the total prevention
funds.
(5) The Government Accountability Office (GAO) issued a
report in April, 2006, ``Spending Requirement Presents
Challenges For Allocating Funding under the President's
Emergency Plan for AIDS Relief'', that found ``significant
challenges'' associated with meeting the earmark for
abstinence-until-marriage programs.
(6) GAO found that a majority of country teams report that
fulfilling the requirement presents challenges to their ability
to respond to local epidemiology and cultural and social norms.
(7) GAO found that, although some country teams may be
exempted from the abstinence-until-marriage spending
requirement, country teams that are not exempted have to spend
more than the 33 percent of prevention funds on abstinence-
until-marriage activities--sometimes at the expense of other
programs.
(8) Indeed, according to GAO, the proportion of HIV
prevention funds dedicated to ``other prevention'' activities
(i.e. the purchase and promotion of condoms, management of
sexually transmitted infections other than HIV, and messages or
programs to reduce injection drug use) declined from 23 percent
in fiscal year 2005 to 18 percent in fiscal year 2006 for
country teams that did not receive exemptions.
(9) GAO found that, as a result of the abstinence-until-
marriage spending requirement, some countries have had to
reduce planned funding for Prevention of Mother-to-Child
Transmission programs, thereby limiting services for pregnant
women and their children.
(10) GAO found that the abstinence-until-marriage spending
requirement limited or reduced funding for programs directed to
high-risk groups, such as services for married discordant
couples, sexually active youth, and commercial sex workers.
(11) GAO found that the abstinence-until-marriage spending
requirement made it difficult for countries to fund medical and
blood safety activities.
(12) GAO found that, because of the abstinence-until-
marriage spending requirement, some countries would likely have
to reduce funding for condom procurement and condom social
marketing.
(13) In addition, GAO found that two-thirds of focus
country teams reported that the policy for implementing the ABC
model is unclear and open to varying interpretations, causing
confusion about which groups may be targeted and whether youth
may receive the ABC message.
(14) GAO found that the ABC guidance does not clearly
delineate permissible C activities under the ABC model. Program
staff reported that they feel ``constrained'' by restrictions
on promoting or marketing condoms to youth. Other country teams
reported confusion about whether PEPFAR funds may be used for
broad condom social marketing, even to adults in a generalized
epidemic.
(15) Each day, an estimated 13,400 people worldwide are
newly infected with HIV.
(16) Sub-Saharan Africa is home to almost two-thirds of the
estimated 40,000,000 people currently living with HIV.
(17) In many African countries, the epidemic has spread
among the general population. The HIV prevalence rate for the
general population is 8 percent across sub-Saharan Africa.
Among the United States focus countries in sub-Saharan Africa,
the HIV prevalence rate ranges from 4 percent in Uganda to 37
percent in Botswana.
(18) According to the Joint United Nations Programme on
HIV/AIDS, young people between the ages of 15 and 24 are ``the
most threatened by AIDS'' and ``are at the centre of HIV
vulnerability''. Globally, this age group accounts for half of
all new HIV cases each year. More than 7,000 young people
contract the virus every day.
(19) Most young people in sub-Saharan Africa have sex
before marriage during their adolescent years. In many
countries, at least half of all women have sex before age 20
and before marriage. Among young men, more than 70 percent have
premarital sex before age 20.
(20) Many adolescents, who are sexually active and not yet
married, have inadequate information on how to protect
themselves against HIV. Fewer than half of young people in sub-
Saharan Africa mention abstinence, monogamy, or condom use as a
way of avoiding HIV.
(21) Young people who have sex are at greater risk of
acquiring HIV than adults, partly because of their lack of
knowledge. They are apt to change partners frequently, have
more than 1 partner in the same time period, or engage in
unprotected sex.
(22) Coercion and sexual violence undercut the ability of
young people--women in particular--to prevent HIV and
contribute to the vulnerability to infection. In addition,
gender inequality makes it much more difficult for young women
to negotiate abstinence from sex or to insist that their
partners remain faithful or use condoms.
(23) Marriage does not protect young women from HIV, even
when they are faithful to their husbands. In some settings, it
appears marriage actually increases a woman's HIV risk. In some
African countries, married women aged 15-19 have higher HIV
infection levels than nonmarried sexually active women of the
same age.
(24) A recent USAID-funded review found that sex and HIV
education programs that encourage abstinence but also discuss
the use of condoms do not increase sexual activity as critics
of sex education have long alleged. Sex education can help
delay the initiation of intercourse, reduce the frequency of
sex and the number of sexual partners, and also increase condom
use.
(25) Young people are our greatest hope for changing the
course of the AIDS epidemic. According to the World Health
Organization, ``Focusing on young people is likely to be the
most effective approach to confronting the epidemic,
particularly in high prevalence countries.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that sexually active young people, both
unmarried and married, who live in a country where HIV infection is
spreading through the general population, rather than being confined to
specific populations, such as sex workers and their clients, injecting
drug users, and men who have sex with men, and the rate of HIV
infection among people between the ages of 15 and 49 exceeds 1 percent
should be--
(1) considered at high risk of contracting HIV infection;
and
(2) provided with the knowledge, skill-building programs,
and tools to protect themselves from HIV infection, including--
(A) medically accurate information on public health
benefits and failure rates of multiple strategies for
eliminating or reducing the risks of contracting HIV
and other sexually transmitted infections; and
(B) information about correct and consistent use of
condoms as well as abstinence and the importance of
reducing casual sexual partnering.
SEC. 4. ALLOCATION OF FUNDS.
Section 403 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673) is amended--
(1) in subsection (a), in the second sentence, by striking
``HIV/AIDS prevention'' and inserting ``prevention of the
sexual transmission of HIV''; and
(2) by adding at the end the following new subsection:
``(c) Abstinence-Until-Marriage Programs.--The term `abstinence-
until-marriage programs' means programs that place the highest priority
on encouraging individuals who have not yet married to abstain from
sexual activity, which if practiced 100 percent correctly and
consistently is the only certain way to protect against exposure to HIV
and other sexually transmitted infections. The programs include
information on the health benefits of delayed sexual debut in reducing
the transmission of HIV and may be used to support the wide range of
approaches that promote skill-building strategies for practicing
abstinence.''.
SEC. 5. ASSISTANCE TO YOUNG PEOPLE.
Section 104A(d)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b-2(d)(3)) is amended--
(1) in subparagraph (A), by inserting ``sexually active
young people, both unmarried and married, who live in a country
experiencing a generalized HIV epidemic,'' after ``infected
with HIV/AIDS,''; and
(2) by adding at the end the following new subparagraph:
``(C) In subparagraph (A), the term `generalized epidemic'
means, with respect to a country, that--
``(i) HIV infection is spreading through the
general population of such country, rather than being
confined to specific populations, such as sex workers
and their clients, injecting drug users, and men who
have sex with men; and
``(ii) the rate of HIV infection among people
between the ages of 15 and 49 exceeds 1 percent.''. | HIV Prevention for Youth Act - Expresses the sense of Congress that sexually active young people who live in a country where HIV infection is spreading through the general population, rather than being confined to specific populations should be: (1) considered at high risk of contracting HIV infection; and (2) provided with the knowledge, skill-building programs, and tools to protect themselves from HIV infection.
Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to define "abstinence-until-marriage programs" as programs that place the highest priority on encouraging unmarried individuals to abstain from sexual activity, which if practiced 100% correctly and consistently is the only certain way to protect against exposure to HIV and other sexually transmitted infections. (Such programs include information on the health benefits of delayed sexual debut in reducing HIV transmission and may be used to support approaches that promote skill-building strategies for practicing abstinence.) Reserves at least 33% of the Act's appropriations for FY2006-FY2008 for prevention of the sexual transmission of HIV (currently, for HIV/AIDS prevention).
Amends the Foreign Assistance Act of 1961 to include within the activities for which HIV/AIDS assistance is available preventive intervention education for sexually active young people who live in a country experiencing a generalized HIV epidemic.
Defines " generalized epidemic" as a country where: (1) HIV infection is spreading through the general population, rather than being confined to specific populations, such as sex workers and their clients, injecting drug users, and men who have sex with men; and (2) the HIV infection rate among people between the ages of 15 and 49 exceeds 1%. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. JUDICIAL REVIEW OF ADOPTION OR REVISION OF SCHEDULE OF
RATINGS FOR DISABILITIES.
(a) Restatement of Current Authority With Authority for Review.--
The text of section 502 of title 38, United States Code, is amended to
read as follows:
``(a) An action of the Secretary to which section 552(a)(1) or 553
of title 5, or both, refers is subject to judicial review.
``(b)(1) Except as provided in paragraph (2), review under
subsection (a) shall be in accordance with chapter 7 of title 5, and
may be sought only in the United States Court of Appeals for the
Federal Circuit.
``(2) If review under subsection (a) is sought in connection with
an appeal brought under the provisions of chapter 72 of this title, the
provisions of that chapter shall apply rather than the provisions of
chapter 7 of title 5.
``(c) In reviewing under subsection (b)(1) an action relating to
the adoption or revision of the schedule of ratings for disabilities
adopted under section 1155 of this title, the United States Court of
Appeals for the Federal Circuit shall hold unlawful and set aside the
action if the action is found by the Court to be--
``(1) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law; or
``(2) in excess of statutory jurisdiction, authority, or
limitations, or in violation of statutory right.''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act. The review described
by subsection (c) of section 502 of title 38, United States Code, as so
amended, shall be available only for a revision of the schedule of
ratings of disabilities under section 1155 of that title that occurs on
or after that date.
SEC. 2. STANDARD OF REVERSAL BY COURT OF APPEALS FOR VETERANS CLAIMS OF
ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS' APPEALS.
(a) Standard of Reversal.--Paragraph (4) of subsection (a) of
section 7261 of title 38, United States Code, is amended by striking
``if the finding is clearly erroneous'' and inserting ``if such finding
is not reasonably supported by a preponderance of the evidence''.
(b) Scope of Authority.--That subsection is further amended--
(1) in the matter preceding paragraph (1), by striking
``this chapter'' and inserting ``section 7252(a) of this
title''; and
(2) in paragraph (4), as amended by subsection (a) of this
section--
(A) by inserting ``adverse to the claimant that
is'' after ``material fact''; and
(B) by inserting ``or reverse'' after ``set
aside''.
(c) Matters Relating to Findings of Material Fact.--That section is
further amended--
(1) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) In making a determination on a finding of material fact
under subsection (a)(4), the Court shall utilize the record of
proceedings containing such finding, as established for purposes of
sections 5107(b) and 7252(c) of this title.
``(2) A determination on a finding of material fact under
subsection (a)(4) shall specify the evidence or material on which the
Court relied in making such determination.''.
(d) Applicability.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of the
enactment of this Act.
(2) The amendments made by subsections (a) and (b)(2) shall apply
with respect to any appeal filed with the United States Court of
Appeals for Veterans Claims--
(A) on or after the date of the enactment of this Act; or
(B) before the date of the enactment of this Act, but in
which a final decision has not been made under section 7291 of
title 38, United States Code, as of that date.
SEC. 3. REVIEW BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT OF DECISIONS
OF LAW OF COURT OF APPEALS OF VETERANS CLAIMS.
(a) Review.--Section 7292(c) of title 38, United States Code, is
amended in the first sentence by inserting after ``the validity of''
the following: ``a decision of the Court of Veterans Appeals on a rule
of law or of''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act, and shall apply with
respect to any appeal--
(1) filed with the United States Court of Appeals for the
Federal Circuit on or after the date of the enactment of this
Act; or
(2) pending with the United States Court of Appeals for the
Federal Circuit as of the date of the enactment of this Act in
which a final decision has not been rendered as of that date.
SEC. 4. AUTHORITY OF COURT OF APPEALS FOR VETERANS CLAIMS TO AWARD FEES
UNDER EQUAL ACCESS TO JUSTICE ACT FOR NON-ATTORNEY
PRACTITIONERS.
The authority of the United States Court of Appeals for Veterans
Claims to award reasonable fees and expenses of attorneys under section
2412(b) of title 28, United States Code, shall include authority to
award fees and expenses of individuals admitted to practice before the
Court as non-attorney practitioners under subsection (b) or (c) of Rule
46 of the Rules of Practice and Procedure of the United States Court of
Appeals for Veterans Claims as if such non-attorney practitioners were
attorneys admitted to practice before the Court. | Allows only the Federal Circuit for the U.S. Court of Appeals to review and set aside changes made by the Department of Veterans Affairs to the schedule for veterans' disability ratings found to be arbitrary and capricious or in violation of a Federal statute.Requires the U.S. Court of Appeals for Veterans Claims (CAVC) to apply a preponderance of the evidence standard when reviewing findings of fact made by the Board of Veterans' Appeals.Permits the Federal Circuit to review CAVC decisions on questions of law.Allows the CAVC, when awarding attorney fees under the Equal Access to Justice Act, to award compensation to qualified non-attorney representatives appearing before the CAVC. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION. 1. DEMONSTRATION PROJECTS TO INCREASE QUALITY OF INFORMATION
PROVIDED TO MEDICARE BENEFICIARIES WITH RESPECT TO
TREATMENT OPTIONS.
(a) Establishment of Project.--
(1) In general.--Not later than January 1, 2001, the
Secretary of Health and Human Services shall establish
demonstration projects (in this section referred to as the
``projects'') under which the Secretary shall furnish to
providers of services and physicians participating in the
Medicare Program under title XVIII of the Social Security Act
informational videotapes (as described in subsection (b)) to
present to a Medicare beneficiary diagnosed with a particular
disease or injury (as identified by the Secretary pursuant to
subsection (c)) before the beneficiary elects a course of
treatment for that disease or injury. The Secretary shall
furnish such informational videotapes at no cost to such
providers and physicians.
(2) Project areas.--The projects shall be conducted in five
separate counties of which 3 shall be in urban areas and 2
shall be in rural areas.
(b) Informational Videotape Described.--
(1) In general.--The Institute of Medicine, in consultation
with the National Institutes of Health and other medical
experts (as determined by the Secretary), shall develop a
videotape presentation to provide a Medicare beneficiary
diagnosed as having the disease or injury identified under
subsection (c) with the following information:
(A) A description of the disease or injury.
(B) The possible courses of treatment for the
disease or injury.
(C) The likely consequences of each such course of
treatment or of the decision not to pursue any course
of treatment.
(2) Concluding statement.--Any such videotape presentation
shall conclude with a statement that the Medicare beneficiary
may elect any course of treatment or not to pursue any course
of treatment, that the Medicare beneficiary should consult with
a physician, and that the Medicare beneficiary may seek a
referral to a physician who furnishes services consisting of
the course of treatment that the beneficiary elects.
(3) Updating of videotape.--Any such videotape presentation
shall be updated to reflect new findings based on the best
scientific evidence available, as determined by the Institute
of Medicine, in consultation with the National Institutes of
Health and such other medical experts, about the disease or
injury, and various courses of treatment.
(c) Selection of Disease or Injury.--
(1) In general.--For purposes of selecting a particular
disease or injury for which a informational videotape shall be
provided under the projects, the Secretary shall identify
diseases or injuries for which there is a wide variation in
treatment of that disease throughout the United States.
(2) Mandatory Designation of Prostate Enlargement for One
Project.--The disease or injury for which a informational
videotape is provided in one of the projects conducted under
this section shall be benign and malignant prostate
enlargement.
(d) Payment.--(1) The Secretary shall establish a payment amount to
be made to a provider of services or a physician under title XVIII of
the Social Security Act to reflect services consisting of the
presentation of a informational videotape to and consultation with a
Medicare beneficiary after such presentation.
(2) For purposes of the payment amount under paragraph (1), no
payment may be made for the purchase or rental of equipment or office
space for purposes of making such presentation.
(e) Waiver Authority.--The Secretary may waive such requirements of
title XVIII of such Act as may be necessary for the purposes of
carrying out the project.
(f) Reports.--Not later than June 1, 2004, the Secretary shall
submit to Congress a report on the following matters:
(1) A description of courses of treatment for the diseases
or illnesses identified under subsection (c) selected by
Medicare beneficiaries during the three year period ending on
December 31, 2003.
(2) A comparison between courses of treatment described in
paragraph (1) and courses of treatment selected by the Medicare
beneficiaries participating in the project.
(3) An analysis of the effect on costs to the Medicare
program due to any change in selection of courses of treatment.
(g) Duration.--A demonstration project under this section shall be
conducted for a 3-year period. | Directs the Secretary of Health and Human Services to establish specified demonstration projects designed to furnish a Medicare beneficiary diagnosed with a particular disease or injury informational videotapes before he or she elects a course of treatment for that disease or injury. Mandates that one project provide such a video on prostate enlargement.
Directs the Institute of Medicine to develop demonstrations of such videotapes. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FINDINGS.
The Congress finds that--
(1) the superlative natural and scenic resources of the
Yellowstone area lead Congress in 1872 to establish Yellowstone
National Park as the world's first national park;
(2) in recognition of its resource values and international
importance, Yellowstone National Park has been designated a
World Heritage Site;
(3) the Absaroka-Beartooth National Wilderness Area was
designated in 1978 to protect the wilderness and ecological
values of certain lands north and east of Yellowstone National
Park;
(4) a 20.5 mile segment of the Clarks Fork of the
Yellowstone River was designated in 1990 as a component of the
National Wild and Scenic Rivers System, the only such
designation within the State of Wyoming, in order to preserve
and enhance the natural, scenic, and recreational resources of
such segment;
(5) Henderson Mountain and certain lands of the Beartooth
Mountains contain important recreational, ecological, fish and
wildlife, scenic, and historical resource values;
(6) Henderson Mountain and certain lands of the Beartooth
Mountains which are located upstream and adjacent to
Yellowstone National Park, the Absaroka-Beartooth National
Wilderness Area, and the Clarks Fork of the Yellowstone
National Wild and Scenic River, form the source of the
headwaters of 3 important river systems;
(7) past and ongoing mining practices have degraded the
resource values of Henderson Mountain and the Beartooth
Mountains area; and
(8) proposed mining activities in the area present a clear
and present danger to the resource values of the area as well
as those of Yellowstone National Park, the Absaroka-Beartooth
National Wilderness Area and the Clarks Fork National Wild and
Scenic River, and it is, therefore, in the public interest to
protect these lands from such mining activities.
SEC. 2. ESTABLISHMENT.
(a) In General.--In order to conserve, protect, and restore the
recreational, ecological, and wildlife resources of the Yellowstone
headwaters area and provide for the protection of the adjacent
Yellowstone National Park, Absaroka-Beartooth National Wilderness Area,
and Clarks Fork National Wild and Scenic River, there is hereby
established the Yellowstone Headwaters National Recreation Area within
the Gallatin and Custer National Forests in the State of Montana
(hereinafter in this Act referred to as the ``recreation area'').
(b) Area Included.--The recreation area shall consist of the lands,
waters, and interests therein within the area generally depicted on the
map entitled ``Boundary Map, ...........'', numbered ____, and dated
____. The map shall be on file and available for public inspection in
the offices of the United States Forest Service, Department of
Agriculture. The Secretary of Agriculture (hereinafter in this Act
referred to as the ``Secretary'') may from time to time make minor
revisions in the boundary of the recreation area to promote management
effectiveness and efficiency in furtherance of the purposes of this
Act. The Secretary shall publish notice of any such revision in the
Federal Register.
SEC. 3. ADMINISTRATION.
(a) In General.--The Secretary shall administer the recreation area
in accordance with this Act and with the provisions of law generally
applicable to units of the national forest system. In the
administration of such recreation area, the Secretary may utilize such
statutory authority as may be available to him for the conservation of
wildlife and natural resources as he deems necessary to carry out the
purposes of this Act. Management of natural resources within the
recreation area shall be permitted only to the extent such management
is compatible with, and does not impair, the purposes for which the
recreation area is established.
(b) Management Plan.--The Secretary shall, not later than 3 years
after the enactment of this Act, develop
a management plan for the recreation area, as an amendment to the
Gallatin and Custer National Forest Management Plans, to reflect the
establishment of the recreation area and to conform to the provisions
of this Act. Such plan shall contain, but not be limited to, measures
to maintain and enhance traditional recreational use of the area,
including use for such activities as hunting, fishing, hiking, camping,
and snowmobiling. Nothing in this Act shall require the Secretary to
revise the Gallatin or Custer National Forest Management Plan pursuant
to section 6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974.
(c) Hunting and Fishing.--The Secretary shall permit hunting and
fishing on lands and waters within the recreation area in accordance
with applicable Federal and State law. The Secretary may designate
zones where, and establish periods when, such activities will not be
permitted for reasons of public safety, administration, fish and
wildlife management or public use and enjoyment. Except in emergencies
any regulations issued by the Secretary under this subsection shall be
put into effect only after consultation with the appropriate State
agencies responsible for hunting and fishing activities.
SEC. 4. ACQUISITION OF LANDS.
The Secretary is directed to acquire lands or interests in lands
within the boundaries of the recreation area that are necessary to
carry out the purposes of this Act by donation, purchase with donated
or appropriated funds, or exchange. Lands within the boundaries of the
recreation area which are owned by the State of Montana or any
political subdivision thereof may only be acquired by donation or
exchange.
SEC. 5. MINERALS AND MINING.
(a) Withdrawals.--After the enactment of this Act:
(1) Lands within the recreation area shall not be open to
location of mining claims under the mining laws of the United
States.
(2) The Secretary of the Interior shall not issue any lease
under the mineral leasing or geothermal leasing laws of the
United States for lands within the recreation area.
(3) Lands within the recreation area shall not be available
for disposal of mineral materials under the Act of July 31,
1947, commonly known as the Materials Act of 1947 (30 U.S.C.
601 and following).
(b) Limitation on Patent Issuance.--Notwithstanding any other
provision of law, no patents shall be issued after June 14, 1995, for
any location or claim made in the recreation area under the mining laws
of the United States.
(c) Prohibition.--No Federal lands may be used in connection with
any mining or mining-related activity within the recreation area.
(d) Reclamation.--No mining or mining-related activity involving
any surface disturbance of lands or waters within such area, including
disturbance through subsidence, shall be permitted except in accordance
with requirements imposed by the Secretary, including requirements for
reasonable reclamation of disturbed lands to a visual and hydrological
condition as close as practical to their premining condition.
(e) Mining Claim Validity Review.--The Secretary of Agriculture
shall undertake and complete within 3 years after the date of enactment
of this Act an expedited program to examine all unpatented mining
claims, including those for which a patent application has been filed,
within the recreation area. Upon determination by the Secretary of
Agriculture that the elements of a contest are present, the Secretary
of the Interior shall expeditiously determine the validity of such
claims. If a claim is determined to be invalid, the Secretary shall
promptly declare the claim to be null and void.
(f) Mining Remediation.--No department or agency of the United
States or any officer or employee thereof may issue any permit,
license, or other authorization to any person, for any mining or mining
related activity within the recreation area until the Secretary has
determined that previous mining related environmental damage that has
occurred on lands owned or used by such person or any person who
controls, is controlled by or under common control with, such person,
has been remediated in accordance with applicable Federal and State
requirements.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act. | Establishes the Yellowstone Headwaters National Recreation Area within the Gallatin and Custer National Forests in Montana.
Requires the Secretary of Agriculture to: (1) administer the Area in accordance with this Act and with the provisions of law generally applicable to national forest system units; (2) develop a management plan for the Area to reflect its establishment and to conform to this Act; and (3) acquire lands or interests in lands within the Area's boundaries that are necessary to carry out the purposes of this Act.
Withdraws such lands from U.S. mining laws, mineral and geothermal leasing laws, and from disposal of mineral materials under the Materials Act of 1947. Prohibits: (1) a patent from being issued after June 14, 1995, for any location or claim made in the Area under U.S. mining laws; (2) Federal lands from being used in connection with any mining or mining-related activity within the Area; and (3) such activities involving any surface disturbance of lands or waters within such Area, except in accordance with requirements imposed by the Secretary.
Requires: (1) the Secretary to complete an expedited program to examine all unpatented mining claims within the Area; and (2) if the Secretary of the Interior determines that a claim is invalid, to declare it to be null and void. Prohibits a Federal department or agency from issuing authorizations to persons for mining or mining-related activities within the Area until the Secretary has determined that previous mining related environmental damage that has occurred on lands owned or used by such person or any person who controls, is controlled by, or under common control with, such person has been remediated in accordance with applicable Federal and State requirements.
Authorizes appropriations. |
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 ``Predominantly Black Institution Act
of 2006''.
SEC. 2. PREDOMINANTLY BLACK INSTITUTIONS.
Part A of title III of the Higher Education Act of 1965 (20 U.S.C.
1051 et seq.) is amended by inserting after section 317 (20 U.S.C.
1059d) the following new section:
``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.
``(a) Findings and Purpose.--
``(1) Findings.--The Congress finds that--
``(A) although Black Americans have made
significant progress in closing the `gap' between Black
and White enrollment in higher education--
``(i) Black Americans continue to trail
Whites in the percentage of the college-age
cohort who enroll and graduate from college;
``(ii) the college participation rate of
Whites was 46 percent from 2000-2002, while
that for Blacks was only 39 percent; and
``(iii) the gap between White and Black
baccalaureate degree attainment rates also
remains high, continuing to exceed 10 percent;
``(B) a growing number of Black American students
are participating in higher education and are enrolled
at a growing number of urban and rural Predominantly
Black Institutions that have included in their mission
the provision of academic training and education for
both traditional and non-traditional minority students;
``(C) the overwhelming majority of students
attending Predominantly Black Institutions come from
low- and middle-income families and qualify for
participation in the Federal student assistance
programs or other need-based Federal programs; and
recent data from the National Postsecondary Student Aid
Study indicate that 47 percent of Pell grant recipients
were Black compared to only 21 percent of Whites;
``(D) many of these students are also `first
generation' college students who lack the appropriate
academic preparation for success in college and whose
parents lack the ordinary knowledge and information
regarding financing a college education;
``(E) there is a particular national need to aid
institutions of higher education that have become
Predominantly Black Institutions by virtue of the fact
that they have expanded opportunities for Black
American and other minority students;
``(F) Predominantly Black Institutions fulfill a
unique mission and represent a vital component of the
American higher education landscape, far beyond that
which was initially envisioned;
``(G) Predominantly Black Institutions serve the
cultural and social advancement of low-income, Black
American and other minority students and are a
significant access point for these students to higher
education and the opportunities offered by American
society;
``(H) the concentration of these students in a
limited number of two-year and four-year Predominantly
Black Institutions and their desire to secure a degree
to prepare them for a successful career places special
burdens on those institutions who attract, retain, and
graduate these students; and
``(I) financial assistance to establish or
strengthen the physical plants, financial management,
academic resources, and endowments of the Predominantly
Black Institutions are appropriate methods to enhance
these institutions and facilitate a decrease in
reliance on governmental financial support and to
encourage reliance on endowments and private sources.
``(2) Purpose.--It is the purpose of this section to assist
Predominantly Black Institutions in expanding educational
opportunity through a program of Federal assistance.
``(b) Definitions.--For purposes of this section:
``(1) Predominantly black institution.--The term
`Predominantly Black Institution' means an institution of
higher education--
``(A) that is an eligible institution (as defined
in paragraph (5)(A) of this subsection) with a minimum
of 1,000 undergraduate students;
``(B) at which at least 50 percent of the
undergraduate students enrolled at the institution are
low-income individuals or first-generation college
students (as that term is defined in section 402A(g));
and
``(C) at which at least 50 percent of the
undergraduate students are enrolled in an educational
program leading to a bachelor's or associate's degree
that the institution is licensed to award by the State
in which it is located.
``(2) Low-income individual.--The term `low-income
individual' has the meaning given such term in section 402A(g).
``(3) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' means a program of the
Federal Government, other than a program under title IV, in
which eligibility for the programs' benefits, or the amount of
such benefits, or both, are determined on the basis of income
or resources of the individual or family seeking the benefit.
``(4) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(5) Other definitions.--For purposes of this section, the
terms defined by section 312 have the meanings provided by that
section, except as follows:
``(A) Eligible institution.--
``(i) The term `eligible institution' means
an institution of higher education that--
``(I) has an enrollment of needy
undergraduate students as required and
defined by subparagraph (B);
``(II) except as provided in
section 392(b), the average educational
and general expenditure of which are
low, per full-time equivalent
undergraduate student in comparison
with the average educational and
general expenditure per full-time
equivalent undergraduate student of
institutions that offer similar
instruction;
``(III) has an enrollment of
undergraduate students that is at least
40 percent Black American students;
``(IV) is legally authorized to
provide, and provides within the State,
an educational program for which the
institution awards a bachelors degree,
or in the case of a junior or community
college, an associate's degree; and
``(V) is accredited by a nationally
recognized accrediting agency or
association determined by the Secretary
to be a reliable authority as to the
quality of training offered, or is,
according to such an agency or
association, making reasonable progress
toward accreditation.
``(ii) For purposes of the determination of
whether an institution is an eligible
institution under this subparagraph, the factor
described under clause (i)(I) shall be given
twice the weight of the factor described under
clause (i)(III).
``(B) Enrollment of needy students.--The term
`enrollment of needy students' means the enrollment at
an eligible institution with respect to which at least
50 percent of the undergraduate students enrolled in an
academic program leading to a degree--
``(i) in the second fiscal year preceding
the fiscal year for which the determination is
made, were Pell Grant recipients in such year;
``(ii) come from families that receive
benefits under a means-tested Federal benefits
program (as defined in subsection (b)(3));
``(iii) attended a public or nonprofit
private secondary school which is in the school
district of a local educational agency which
was eligible for assistance pursuant to title I
of the Elementary and Secondary Education Act
of 1965 in any year during which the student
attended that secondary school, and which for
the purpose of this paragraph and for that year
was determined by the Secretary (pursuant to
regulations and after consultation with the
State educational agency of the State in which
the school is located) to be a school in which
the enrollment of children counted under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30
percent of the total enrollment of that school;
or
``(iv) are `first-generation college
students' as that term is defined in section
402A(g), and a majority of such first-
generation college students are low-income
individuals.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded
pursuant to subsection (d) shall be used by Predominantly Black
Institutions--
``(A) to assist the institution to plan, develop,
undertake, and implement programs to enhance the
institution's capacity to serve more low- and middle-
income Black American students;
``(B) to expand higher education opportunities for
title IV eligible students by encouraging college
preparation and student persistence in secondary and
postsecondary education; and
``(C) to strengthen the institution's financial
ability to serve the academic needs of the students
described in subparagraphs (A) and (B).
``(2) Authorized activities.--Grants made to an institution
under subsection (d) shall be used for one or more of the
following activities:
``(A) The activities described in section 311(a)(1)
through (11).
``(B) Academic instruction in disciplines in which
Black Americans are underrepresented.
``(C) Establishing or enhancing a program of
teacher education designed to qualify students to teach
in a public elementary or secondary school in the State
that shall include, as part of such program,
preparation for teacher certification.
``(D) Establishing community outreach programs
which will encourage elementary and secondary students
to develop the academic skills and the interest to
pursue postsecondary education.
``(E) Other activities proposed in the application
submitted pursuant to subsection (e) that--
``(i) contribute to carrying out the
purposes of this section; and
``(ii) are approved by the Secretary as
part of the review and acceptance of such
application.
``(3) Endowment fund.--
``(A) In general.--A Predominantly Black
Institution may use not more than 20 percent of the
grant funds provided under this section to establish or
increase an endowment fund at the institution.
``(B) Matching requirement.--In order to be
eligible to use grant funds in accordance with
subparagraph (A), the Predominantly Black Institution
shall provide matching funds from non-Federal sources,
in an amount equal to or greater than the Federal funds
used in accordance with subparagraph (A), for the
establishment or increase of the endowment fund.
``(C) Comparability.--The provisions of part C
regarding the establishment or increase of an endowment
fund, that the Secretary determines are not
inconsistent with this subsection, shall apply to funds
used under subparagraph (A).
``(4) Limitation.--Not more than 50 percent of the
allotment of any Predominantly Black Institution may be
available for the purpose of constructing or maintaining a
classroom, library, laboratory, or other instructional
facility.
``(d) Allotments to Predominantly Black Institutions.--
``(1) Allotment: pell grant basis.--From the amounts
appropriated to carry out this section for any fiscal year, the
Secretary shall allot to each Predominantly Black Institution a
sum which bears the same ratio to one-half that amount as the
number of Pell Grant recipients in attendance at such
institution at the end of the academic year preceding the
beginning of that fiscal year bears to the total number of Pell
Grant recipients at all institutions eligible under this
section.
``(2) Allotment: graduates basis.--From the amounts
appropriated to carry out this section for any fiscal year, the
Secretary shall allot to each Predominantly Black Institution a
sum which bears the same ratio to one-fourth that amount as the
number of graduates for such school year at such institution
bears to the total number of graduates for such school year at
all intuitions eligible under this section.
``(3) Allotment: graduates seeking a higher degree basis.--
From the amounts appropriated to carry out this section for any
fiscal year, the Secretary shall allot to each Predominantly
Black Institution a sum which bears the same ratio to one-
fourth of that amount as the percentage of graduates per
institution who are admitted to and in attendance at, within 2
years of graduation with an associates degree or a
baccalaureate degree, either a baccalaureate degree-granting
institution or a graduate or professional school in a degree
program in disciplines in which Black American students are
underrepresented, bears to the percentage of such graduates per
institution for all eligible institutions.
``(4) Minimum allotment.--(A) Notwithstanding paragraphs
(1), (2), and (3), the amount allotted to each Predominantly
Black Institution under this section shall not be less than
$250,000.
``(B) If the amount appropriated pursuant to section 399
for any fiscal year is not sufficient to pay the minimum
allotment, the amount of such minimum allotment shall be
ratably reduced. If additional sums become available for such
fiscal year, such reduced allocation shall be increased on the
same basis as it was reduced until the amount allotted equals
the minimum allotment required by subparagraph (A).
``(5) Reallotment.--The amount of a Predominantly Black
Institution's allotment under paragraph (1), (2), (3), or (4)
for any fiscal year, which the Secretary determines will not be
required for such institution for the period such allotment is
available, shall be available for reallotment to other
Predominantly Black Institutions in proportion to the original
allotment to such other institutions under this section for
such fiscal year. The Secretary shall reallot such amounts from
time to time, on such date and during such period as the
Secretary deems appropriate.
``(e) Applications.--No Predominantly Black Institution shall be
entitled to its allotment of Federal funds for any grant under
subsection (d) for any period unless the institution submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require.
``(f) Application Review Process.--Section 393 shall not apply to
applications under this section.
``(g) Prohibition.--No Predominantly Black Institution that applies
for and receives a grant under this section may apply for or receive
funds under any other program under this part or part B of this title.
``(h) Duration and Carryover.--Any funds paid to a Predominantly
Black Institution under this section and not expended or used for the
purposes for which the funds were paid within 10 years following the
date of the grant awarded to such institution under this section shall
be repaid to the Treasury of the United States.''. | Predominantly Black Institution Act of 2006 - Amends the Higher Education Act of 1965 to provide grants to Predominantly Black Institutions to: (1) enhance their capacity to serve more low and middle-income Black American students; (2) expand higher education opportunities for students eligible for student assistance under title IV of the Act by encouraging such students to prepare for college and persist in secondary and postsecondary education; and (3) strengthen their financial ability to serve the academic needs of such students.
Defines such institutions as accredited institutions: (1) serving at least 1,000 undergraduate students, at least 50% of which are pursuing a bachelor's or associate's degree; (2) serving an undergraduate population at least 40% of which are Black Americans and at least 50% of which are low-income or first-generation college students; and (3) whose spending per full-time undergraduate student is low in comparison to that of institutions offering similar instruction.
Allows grant recipients to use up to 20% of their grant on an endowment fund, provided they raise nonfederal matching funds at least equal to the amount of the grant used for such endowment. Allots funding among institutions on the basis of their share of Pell Grant recipients, graduates, and graduates pursuing a higher degree.
Establishes a minimum allotment for each institution of $250,000, which is to be ratably reduced if appropriations are insufficient to pay such amount. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
Requesting the President to furnish to the House of Representatives
certain documents concerning the response of the Federal Bureau of
Investigation to allegations of criminal conduct in the White House
travel office.
Resolved, That the President is requested to provide to the House
of Representatives, not later than fourteen days after the adoption of
this resolution, the following documents:
(1) Any document concerning the identity of any person who
authorized or directed William Kennedy, Associate Counsel to
the President, to summon officials of the Federal Bureau of
Investigation to the White House and to prepare that the Bureau
investigate the White House travel office.
(2) Any document concerning how William Kennedy, Associate
Counsel to the President, knew whom to contact in the Federal
Bureau of Investigation to arrange a meeting to discuss the
White House travel office.
(3) Any document concerning the identity of any person who
authorized or directed officials of the Federal Bureau of
Investigation to attend any White House meeting convened by
William Kennedy, Associate Counsel to the President, to discuss
the White House travel office.
(4) Any document showing what was said at any meeting
referred to in paragraph (3), including the response of
officials of the Federal Bureau of Investigation to the
proposal that the Bureau investigate the White House travel
office.
(5) Any document concerning the identity of any person who
authorized or directed William Kennedy, Associate Counsel to
the President, to discuss with an official of the Federal
Bureau of Investigation the possibility that the Internal
Revenue Service would be used to investigate the White House
travel office if the Federal Bureau of Investigation did not do
so.
(6) Any document showing what was said during the
discussion referred to in paragraph (5), including the response
of the official of the Federal Bureau of Investigation to the
suggestion that the Internal Revenue Service be used to
investigate the White House travel office.
(7) Any document concerning the decision to retain the
accounting firm of KPMG Peat Marwick to audit the White House
travel office, including the timing of that decision, and any
relationship between the audit and the national performance
review by the Vice President.
(8) Any document concerning the identity of any official of
the Federal Bureau of Investigation who decided to investigate
the White House travel office, and the identity of any other
official of the Federal Bureau of Investigation who was
consulted about that decision.
(9) Any document concerning what action was originally
taken against the seven employees of the White House travel
office, how this action was modified subsequently, and what is
the current status of the employees.
(10) Any document concerning who made the decision to take
the original action against the seven employees referred to in
paragraph (9), who made the decision to modify the original
action, who was consulted with respect to each of these
decisions, and upon what information these decisions were
based.
(11) Any document concerning the identity of any person who
authorized or directed White House officials to summon John
Collingwood, Inspector in Charge of the Office of Public and
Congressional Affairs of the Federal Bureau of Investigation,
to the White House to discuss the investigation of the White
House travel office by the Bureau.
(12) Any document concerning the identity of any person who
authorized or directed John Collingwood, Inspector in Charge of
the Office of Public and Congressional Affairs of the Federal
Bureau of Investigation, to meet with White House officials to
discuss the investigation of the White House travel office by
the Bureau.
(13) Any document concerning whether William Sessions,
Director of the Federal Bureau of Investigation, was aware that
the meeting referred to in paragraph (12) had been requested.
(14) Any document describing what was said at the meeting
referred to in paragraph (12), including how it was decided
that a press statement on the stationery of William Sessions,
Director of the Federal Bureau of Investigation, would be
issued to confirm that a Bureau criminal investigation of the
White House travel office was underway.
(15) Any document concerning the identity of any person who
participated in the drafting of the press statement referred to
in paragraph (14), the extent to which the press statement was
revised, and the identity of any person who was consulted about
the contents of the press statement.
(16) Any document concerning the identity of any person who
authorized or directed John Collingwood, Inspector in Charge of
the Office of Public and Congressional Affairs of the Federal
Bureau of Investigation, to issue the press statement described
in paragraph (14).
(17) Any document concerning whether the Federal Bureau of
Investigation would ordinarily issue a press statement to
confirm that a criminal investigation is underway when the
investigation is at the preliminary stage that the White House
travel office investigation had reached when the statement
referred to in paragraph (14) was issued.
(18) Any document concerning whether the statement referred
to in paragraph (14) violated the Privacy Act (5 U.S.C. 552a),
or Federal regulation thereunder, and whether Privacy Act's
civil and criminal penalties are applicable in this case.
(19) Any document concerning to what extent White House
officials involved with the investigation of the White House
travel office were aware of the interest of workers on
President William Clinton's presidential campaign such as
Catherine Cornelius in assuming control of the White House
travel office, and how they became aware of such interest.
(20) Any document concerning to what extent White House
officials involved with the investigation of the White House
travel office were aware of the interest of contributors to
President William Clinton's presidential campaign such as Harry
Thomason (and his business partner Darnell Martens) in
obtaining contracts with the White House travel office, and how
they became aware of such interests.
(21) Any document concerning whether White House officials
involved with the investigation of the White House travel
office informed the Federal Bureau of Investigation of the
interest of workers in President William Clinton's presidential
campaign such as Catherine Cornelius and contributors to his
presidential campaign such as Harry Thomason (and his business
partner Darnell Martens) in obtaining control of the White
House travel office or contracts with it at the time that these
White House officials requested the Federal Bureau of
Investigation to investigate the White House travel office, and
if not, why this information was withheld.
(22) Any document concerning what financial arrangements or
understandings existed in connection with employment of Penny
Sample in the White House travel office, and how she came to
receive a commission for her work in the White House travel
office.
(23) Any document concerning whether Harry Thomason was a
special government employee within the meaning of section
202(a) of title 18, United States Code, by virtue of the fact
that he had a White House residence pass, daily access to the
White House, and an office in the Old Executive Office
Building, and if he was, whether his efforts to obtain
contracts with the White House travel office violated the
conflict of interest restrictions of section 208 of title 18,
United States Code.
(24) Any documents concerning whether Penny Sample or any
other person interested in obtaining contracts with the White
House travel office violated the conflict of interest
restrictions of section 208 of title 18, United States Code.
(25) Any document concerning whether White House officials
and officials of the Department of Justice have considered the
appointment of William Sessions, Director of the Federal Bureau
of investigation, to other Federal positions, and whether
William Sessions was aware that such possibilities were under
consideration during the course of these events.
(26) Any document concerning when a final determination
will be made about the continued tenure in office of William
Sessions, Director of the Federal Bureau of Investigation.
Sec. 2. As used in this resolution, the term ``document'' means any
report, memorandum, schedule or minutes of a meeting, log or record of
telephone calls or other communications, appointment calendar, or other
record or document of any kind, including electronic, handwritten, or
other communications whatsoever and all drafts thereof. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) to eliminate the exemption for banks (or similar institutions) or insurance carriers from the requirement for an independent audit of certain financial statements regarding employee benefit plan assets. |
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 ``National Clinical Care Commission
Act''.
SEC. 2. ESTABLISHMENT OF A NATIONAL CLINICAL CARE COMMISSION.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following new
section:
``SEC. 399V-7. NATIONAL CLINICAL CARE COMMISSION.
``(a) Establishment.--There is hereby established, within the
Department of Health and Human Services, a National Clinical Care
Commission (in this section referred to as the `Commission') to
evaluate, and recommend solutions regarding better coordination and
leveraging of, programs within the Department and other Federal
agencies that relate in any way to supporting appropriate clinical care
(such as any interactions between physicians and other health care
providers and their patients related to treatment and care management)
for individuals with--
``(1) one or more complex metabolic or autoimmune diseases;
``(2) one or more diseases resulting from insulin
deficiency or insulin resistance; or
``(3) complications caused by one or more of any of such
diseases.
``(b) Membership.--
``(1) In general.--The Commission shall be composed of the
following voting members:
``(A) The heads (or their designees) of the
following Federal agencies and departments:
``(i) The Centers for Medicare & Medicaid
Services.
``(ii) The Agency for Healthcare Research
and Quality.
``(iii) The Centers for Disease Control and
Prevention.
``(iv) The Indian Health Service.
``(v) The Department of Veterans Affairs.
``(vi) The National Institutes of Health.
``(vii) The Food and Drug Administration.
``(viii) The Health Resources and Services
Administration.
``(ix) The Department of Defense.
``(B) Twelve additional voting members appointed
under paragraph (2).
``(C) Such additional voting members as may be
appointed by the Secretary, at the Secretary's
discretion, from among the heads (or their designees)
of governmental or nongovernmental entities that impact
clinical care of individuals with any of the diseases
and complications described in subsection (a).
``(2) Additional members.--The Commission shall include
additional voting members appointed by the Secretary, in
consultation with national medical societies and patient
advocacy organizations with expertise in the care and
epidemiology of any of the diseases and complications described
in subsection (a), including one or more such members from each
of the following categories:
``(A) Clinical endocrinologists.
``(B) Physician specialties (other than as
described in subparagraph (A)) that play a role in
diseases and complications described in subsection (a),
such as cardiologists, nephrologists, and eye care
professionals.
``(C) Primary care physicians.
``(D) Non-physician health care professionals, such
as certified diabetes educators, registered dieticians
and nutrition professionals, nurses, nurse
practitioners, physician assistants.
``(E) Patient advocates.
``(F) National experts in the duties listed under
subsection (c).
``(G) Health care providers furnishing services to
a patient population that consists of a high percentage
(as specified by the Secretary) of individuals who are
enrolled in a State plan under title XIX of the Social
Security Act or who are not covered under a health plan
or health insurance coverage.
``(3) Chairperson.--The voting members of the Commission
shall select a chairperson from the members appointed under
paragraph (2) from the category under paragraph (2)(A).
``(4) Meetings.--The Commission shall meet at least twice,
and not more than four times, a year.
``(5) Board terms.--Members of the Commission appointed
pursuant to subparagraph (B) or (C) of paragraph (1), including
the chairperson, shall serve for a 3-year term. A vacancy on
the Commission shall be filled in the same manner as the
original appointments.
``(c) Duties.--The Commission shall--
``(1) evaluate programs of the Department of Health and
Human Services regarding the utilization of diabetes screening
benefits, annual wellness visits, and other preventive health
benefits that may reduce the incidence of the diseases and
complications de scribed in subsection (a), including
identifying problems regarding such utilization and related
data collection mechanisms and make recommendations;
``(2) identify current activities and critical gaps in
Federal efforts to support clinicians in providing integrated,
high-quality care to individuals with any of the diseases and
complications described in subsection (a);
``(3) make recommendations regarding the coordination of
clinically based activities that are being supported by the
Federal Government with respect to the diseases and
complications described in subsection (a);
``(4) make recommendations regarding the development and
coordination of federally funded clinical practice support
tools for physicians and other health care professionals in
caring for and managing the care of individuals with any of the
diseases and complications described in subsection (a),
specifically with regard to implementation of new treatments
and technologies;
``(5) evaluate programs described in subsection (a) that
are in existence as of the date of the enactment of this
section and determine if such programs are meeting the needs
identified in paragraph (2) and, if such programs are
determined as not meeting such needs, recommend programs that
would be more appropriate;
``(6) recommend, with respect to the diseases and
complications described in subsection (a), clinical pathways
for new technologies and treatments, including future data
collection activities, that may be developed and then used to
evaluate--
``(A) various care models and methods; and
``(B) the impact of such models and methods on
quality of care as measured by appropriate care
parameters (such as A1C, blood pressure, and
cholesterol levels);
``(7) evaluate and expand education and awareness
activities provided to physicians and other health care
professionals regarding clinical practices for the prevention
and treatment of the diseases and complications described in
subsection (a);
``(8) review and recommend appropriate methods for outreach
and dissemination of educational resources that--
``(A) address the diseases and complications
described in subsection (a);
``(B) are funded by the Federal Government; and
``(C) are intended for health care professionals
and the public; and
``(9) carry out other activities, such as activities
relating to the areas of public health and nutrition, that the
Commission deems appropriate with respect to the diseases and
complications described in subsection (a).
``(d) Operating Plan.--
``(1) Initial plan.--Not later than 90 days after its first
meeting, the Commission shall submit to the Secretary and the
Congress an operating plan for carrying out the activities of
the Commission as described in subsection (c). Such operating
plan may include--
``(A) a list of specific activities that the
Commission plans to conduct for purposes of carrying
out the duties described in each of the paragraphs in
subsection (c);
``(B) a plan for completing the activities;
``(C) a list of members of the Commission and other
individuals who are not members of the Commission who
will need to be involved to conduct such activities;
``(D) an explanation of Federal agency involvement
and coordination needed to conduct such activities;
``(E) a budget for conducting such activities;
``(F) a plan for evaluating the value and potential
impact of the Commission's work and recommendations,
including the possible continuation of the Commission
for the purposes of overseeing their implementation;
and
``(G) other information that the Commission deems
appropriate.
``(2) Updates.--The Commission shall periodically update
the operating plan under paragraph (1) and submit such updates
to the Secretary and the Congress.
``(e) Final Report.--By not later than 3 years after the date of
the Commission's first meeting, the Commission shall submit to the
Secretary and the Congress a final report containing all of the
findings and recommendations required by this section. Not later than
120 days after the submission of the final report, the Secretary shall
review the plan required by subsection (d)(1)(F) and submit to the
Congress a recommendation on whether the Commission should be
reauthorized to operate after fiscal year 2021.
``(f) Sunset.--The Commission shall terminate 120 days after
submitting its final report, but not later than the end of fiscal year
2021.''.
Passed the House of Representatives January 9, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . National Clinical Care Commission Act (Sec. 2) This bill amends the Public Health Service Act to establish within the Department of Health and Human Services (HHS) a National Clinical Care Commission to evaluate and recommend solutions regarding better coordination and leveraging of federal programs that relate to supporting clinical care for individuals with complex metabolic or autoimmune disease, diabetes, or complications caused by such diseases. The duties of the commission include: evaluating HHS programs regarding the utilization of preventive health benefits, identifying current activities and gaps in federal efforts to support clinicians in providing integrated care, making recommendations regarding the development and coordination of federally funded clinical practice support tools, recommending clinical pathways for new technologies and treatments, evaluating and expanding education and awareness activities provided to health care professionals, and reviewing and recommending methods for outreach and dissemination of educational resources. The commission must submit an operating plan to HHS and Congress within 90 days of its first meeting. The commission is terminated after it submits a final report, but not later than the end of FY2021. |
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 ``Improving Access to Medicare
Coverage Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medicare requires beneficiaries to be hospitalized for
medically necessary inpatient hospital care for at least three
consecutive days before covering post-hospital care in a
skilled nursing facility under section 1861(i) of the Social
Security Act (42 U.S.C. 1395x(i)).
(2) Often patients remain under ``observation status'' in
the hospital for several days and these observation days are
not counted toward the 3-day stay requirement because they are
considered outpatient days.
(3) Hospitals' use of observation stays has increased
sharply since 2006. According to the March 2014 report of the
Medicare Payment Advisory Commission, outpatient visits, many
of which are observation stays, increased 28.5 percent between
2006 and 2012, with a simultaneous 12.6 percent decrease in
inpatient stays over this same six-year time period. A study
published in Health Affairs found a 34-percent increase in the
ratio of observation stays to inpatient admissions between 2007
and 2009, leading the researchers to conclude that outpatient
observation status was becoming a substitute for inpatient
admission. The same study also documented increases in long-
stay outpatient status, including an 88-percent increase in
observation stays exceeding 72 hours.
(4) To health care providers, care provided during
observation is indistinguishable from the care provided to
inpatients and all medically necessary care is provided,
regardless of patient status. Beneficiaries are generally not
informed of their inpatient or outpatient status and assume
that they are inpatients when they are placed in a hospital
bed, only to find out that such care was not counted for
purposes of satisfying eligibility requirements for medically
prescribed Medicare coverage of post-hospital care in a skilled
nursing facility.
(5) Older Americans and people with disabilities who are
hospitalized but do not meet the 3-day inpatient hospital stay
requirement simply because they were placed in ``outpatient
observation status'' for some or all of their hospital stay
(even when their total actual stay exceeds three days in the
hospital) can face a significant and unexpected financial
burden, which can amount to thousands of dollars, for skilled
nursing facility care. Among beneficiaries who received care in
a skilled nursing facility that Medicare did not cover, the
average out-of-pocket charges were more than $10,000, according
to the Office of Inspector General of the Department of Health
and Human Services.
(6) The Centers for Medicare & Medicaid Services (CMS)
attempted to provide hospitals with clarity on which patients
should be categorized as inpatients in the inpatient hospital
payment rule for fiscal year 2014. However, this rule fails
Medicare beneficiaries because it does not address the problem
and explicitly states that days spent in observation status do
not count for purposes of satisfying the 3-day inpatient stay
requirement.
(7) Because of CMS' policy which indicates days under
observation do not count towards the 3-day inpatient stay
requirement, some patients under observation and their families
will continue to face a significant, often insurmountable
financial burden if they need skilled nursing care after their
hospital stay.
(8) This Act updates Medicare policy by deeming patients
under observation as inpatients for the purposes of satisfying
the Medicare 3-day inpatient stay requirement. This Act does
not repeal the 3-day inpatient stay requirement; rather it
simply expands the Secretary's administrative definition of
``inpatient'' for purposes of the 3-day stay requirement to
include time spent under observation. As such, it is not a
reprise of the Medicare Catastrophic Coverage Act of 1988,
which repealed the 3-day requirement. This Act simply restores
the original objective of the 3-day rule, which was to ensure
Medicare coverage of skilled nursing facility stays following
hospital care for patients who stayed in the hospital for 3
days.
(9) It is the intent of this Congress, through this Act, to
allow access to skilled nursing care for the population of
beneficiaries who meet medical necessity requirements for such
care, but who do not satisfy the 3-day inpatient stay
requirement simply because some or all of their time in the
acute care hospital is characterized as ``outpatient
observation status'' for billing purposes.
(10) It is the understanding of Congress that the Secretary
of Health and Human Services will monitor patterns of behavior
to ensure that providers deliver appropriate and needed levels
of care.
(11) The Office of the Inspector General of the Department
of Health and Human Services is supportive of counting hospital
observation days towards the 3-day inpatient stay requirement.
In addition, in September 2013, the Congressionally established
Commission on Long-Term Care recommended that CMS' count time
spent in observation status toward meeting Medicare's 3-day
stay requirement. In addition, in a December 2016 report, the
Office of the Inspector General of the Department of Health and
Human Services found that an increased number of Medicare
beneficiaries classified as outpatients are paying more for
care that is substantively similar, and have limited access to
skilled nursing facility care due to their patient status.
SEC. 3. COUNTING A PERIOD OF RECEIPT OF OUTPATIENT OBSERVATION SERVICES
IN A HOSPITAL TOWARD THE 3-DAY INPATIENT HOSPITAL STAY
REQUIREMENT FOR COVERAGE OF SKILLED NURSING FACILITY
SERVICES UNDER MEDICARE.
(a) In General.--Section 1861(i) of the Social Security Act (42
U.S.C. 1395x(i)) is amended by adding at the end the following: ``For
purposes of this subsection, an individual receiving outpatient
observation services shall be deemed to be an inpatient during such
period, and the date such individual ceases receiving such services
shall be deemed the hospital discharge date (unless such individual is
admitted as a hospital inpatient at the end of such period).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to receipt of outpatient observation services beginning on or
after January 1, 2017, but applies to a period of post-hospital
extended care services that was completed before the date of the
enactment of this Act only if an administrative appeal is or has been
made with respect to such services not later than 90 days after the
date of the enactment of this Act. Notwithstanding any other provision
of law, the Secretary of Health and Human Services may implement such
amendment through an interim final regulation, program instruction, or
otherwise. | Improving Access to Medicare Coverage Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to deem an individual receiving outpatient observation services in a hospital to be an inpatient for purposes of satisfying the three-day inpatient hospital-stay requirement with respect to Medicare coverage of skilled nursing facility services. |
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 ``Perkins Modernization Act of 2014''.
SEC. 2. PURPOSES.
Section 2 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301) is amended--
(1) in paragraph (1), by striking ``high skill, high wage,
or high demand occupations in current or emerging professions''
and inserting ``employment in current or emerging in-demand
industry sectors or occupations'';
(2) by striking ``and'' at the end of paragraph (6); and
(3) by adding at the end the following:
``(8) Aligning the skills, certifications, and credentials
of secondary and postsecondary students who enroll in career
and technical education programs with the skills,
certifications, and credentials needed by employers in the
labor markets served by the educational institutions.
``(9) Ensuring that the selection of skills,
certifications, and credentials acquired by career and
technical education students is guided by timely labor market
information.''.
SEC. 3. DEFINITIONS.
Section 3 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302) is amended by adding at the end the following:
``(35) In-demand industry sector or occupation.--
``(A) In general.--The term `in-demand industry
sector or occupation' means an industry sector or
occupation that--
``(i) has or is projected to have a
substantial role or a positive economic impact
in the economy of the area served by an
eligible institution;
``(ii) provides workers with jobs that lead
to economic self-sufficiency and opportunities
for advancement; and
``(iii) is documented in labor market
information collected by State agencies,
Federal agencies, workforce investment boards,
or other third-party organizations engaged in
labor market research.
``(B) Determination.--The determination of whether
an industry sector or occupation is an in-demand
industry sector or occupation under this paragraph
shall be made using State, local, regional, or national
labor market information collected by State agencies,
Federal agencies, local entities, workforce investment
boards, or other third-party organizations engaged in
labor market research. Industry sectors and occupations
may be identified as in-demand on a current or an
emerging basis, as labor market information may
describe current workforce demographics and may also
identify projected labor market trends.''.
SEC. 4. ACCOUNTABILITY.
Section 113(b)(2)(B)(iv) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2323(b)(2)(B)(iv)) is
amended by striking ``high skill, high wage, or high demand occupations
in current or emerging professions'' and inserting ``employment in in-
demand industry sectors or occupations''.
SEC. 5. NATIONAL ACTIVITIES.
Section 114(d) of the of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2324(d)) is amended--
(1) in paragraph (2)(B)(iii)(II)--
(A) by striking ``high skill, high wage occupations
(including those in which mathematics and science
skills are critical)''; and
(B) by inserting ``in-demand industry sectors or
occupations'' after ``employment in''; and
(2) in paragraph (4)(A)(i)(V)--
(A) by striking ``high skill, high wage, or high
demand business and industry''; and
(B) by inserting ``in-demand industry sectors or
occupations'' after `` occupations in''.
SEC. 6. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
Section 118(c) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2328) is amended in paragraphs (1),
(3), and (4) by striking ``high skill, high wage, or high demand
occupations and non-traditional fields'' each place it appears and
inserting ``employment in in-demand industry sectors or occupations''.
SEC. 7. STATE PLAN.
Section 122(c) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2342(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii), by inserting ``and
careers in in-demand industry sectors or occupations''
after ``in postsecondary education'';
(B) in subparagraph (H)--
(i) by striking ``entry into high skill,
high wage, or high demand occupations in
current or emerging occupations''; and
(ii) by inserting ``for employment in in-
demand industry sectors or occupations'' after
``or''; and
(C) in subparagraph (I)(iii)--
(i) by striking ``high skill, high wage, or
high demand occupations''; and
(ii) by inserting ``in-demand industry
sectors or occupations'' after ``in'';
(2) in paragraph (4), by inserting ``or into employment in
an in-demand industry sector or occupation'' after
``institutions of higher education'';
(3) in paragraph (9)(C)--
(A) by striking ``high skill, high wage, or high
demand occupations''; and
(B) by inserting ``employment in an in-demand
industry sector or occupation'' after ``further
learning and for''; and
(4) in paragraph (18)--
(A) by striking ``high skill, high wage, or high
demand occupations and non-traditional fields''; and
(B) by inserting ``employment in in-demand industry
sectors or occupations'' after ``for''.
SEC. 8. STATE LEADERSHIP ACTIVITIES.
Section 124 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2344) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``high skill, high wage, or
high demand occupations''; and
(ii) by inserting ``employment in in-demand
industry sectors or occupations'' after
``for'';
(B) in paragraph (2)(C), by inserting ``,
equipment,'' after ``internships'';
(C) in paragraph (5)--
(i) by striking ``high skill, high wage
occupations''; and
(ii) by inserting ``employment
opportunities in in-demand industry sectors or
occupations'' after ``to'';
(D) in paragraph (8)--
(i) by striking ``high skill, high wage, or
high demand''; and
(ii) by inserting ``employment in in-demand
industry sectors or'' after ``to''; and
(E) by inserting after paragraph (9) the following:
``(10) Analyzing labor market information collected by
State agencies, Federal agencies, workforce investment boards,
or other third-party organizations engaged in labor market
research in order to ensure that programs of study in career
and technical education align with labor market needs.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``,
and encouraging secondary students to pursue
dual enrollment coursework as well as industry
licenses, certificates, and other post-
secondary credentials'' after ``degree''; and
(ii) in subparagraph (B)--
(I) by striking ``high skill, high
wage occupations and non-traditional
fields''; and
(II) by inserting ``employment
opportunities in in-demand industry
sectors or occupations and supporting
students in the pursuit of internships
and opportunities for experiential
learning'' after ``to''; and
(B) in paragraph (9)--
(i) by striking ``high skill, high wage, or
high demand occupations''; and
(ii) by inserting ``employment
opportunities in in-demand industry sectors or
occupations'' after ``for''.
SEC. 9. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION.
Section 134(b)(8)(C) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2354(b)(8)(C)) is amended by striking
``high skill, high wage, or high demand'' and inserting ``employment
opportunities in in-demand industry sectors or''.
SEC. 10. LOCAL USES OF FUNDS.
Section 135 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2355) is amended--
(1) in subsection (b)(9)--
(A) by striking ``high skill, high wage, or high
demand''; and
(B) by inserting ``employment opportunities in in-
demand industry sectors or'' after ``for''; and
(2) in subsection (c)(12)--
(A) by striking ``high skill, high wage, or high
demand''; and
(B) by inserting ``employment opportunities in in-
demand industry sectors or'' after ``technically for''. | Perkins Modernization Act of 2014 - Amends the Carl D. Perkins and Technical Education Act of 2006 to revise its purposes, which are to develop more fully the academic and career and technical skills of secondary education students and postsecondary students who elect to enroll in career and technical education programs (as under current law), by: (1) preparing those students for employment in current or emerging in-demand industry sectors or occupations; (2) aligning the skills, certifications, and credentials of the students with those needed by employers in the labor markets served by educational institutions; and (3) ensuring that the selection of skills, certifications, and credentials acquired by such students is guided by timely labor market information. Defines "in-demand industry sector or occupation" to mean an industry sector or occupation that: (1) has or is projected to have a substantial role or a positive economic impact in the economy of the area served by an eligible institution; (2) provides workers with jobs that lead to economic self-sufficiency and opportunities for advancement; and (3) is documented in labor market information collected by state and federal agencies, workforce investment boards, or other third-party organizations. |
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 ``Private Property Rights
Implementation Act of 2006''.
SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES CONCERNING REAL PROPERTY.
Section 1343 of title 28, United States Code, is amended by adding
at the end the following:
``(c) Whenever a district court exercises jurisdiction under
subsection (a) in an action in which the operative facts concern the
uses of real property, it shall not abstain from exercising or
relinquish its jurisdiction to a State court if the party seeking
redress does not allege a violation of a State law, right, or
privilege, and no parallel proceeding is pending in State court, at the
time the action is filed in the district court, that arises out of the
same operative facts as the district court proceeding.
``(d) In an action in which the operative facts concern the uses of
real property, the district court shall exercise jurisdiction under
subsection (a) even if the party seeking redress does not pursue
judicial remedies provided by a State or territory of the United
States.
``(e) If the district court has jurisdiction over an action under
subsection (a) in which the operative facts concern the uses of real
property and which cannot be decided without resolution of an unsettled
question of State law, the district court may certify the question of
State law to the highest appellate court of that State. After the State
appellate court resolves the question so certified, the district court
shall proceed with resolving the merits. The district court shall not
certify a question of State law under this subsection unless the
question of State law--
``(1) is necessary to resolve the merits of the Federal
claim of the injured party; and
``(2) is patently unclear.
``(f)(1) Any claim or action brought under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) to redress the
deprivation of a property right or privilege secured by the
Constitution shall be ripe for adjudication by the district courts upon
a final decision rendered by any person acting under color of any
statute, ordinance, regulation, custom, or usage, of any State or
territory of the United States, which causes actual and concrete injury
to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) any person acting under color of any statute,
ordinance, regulation, custom, or usage, of any State or
territory of the United States, makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) one meaningful application to use the property has
been submitted but denied, and the party seeking redress has
applied for but is denied one waiver and one appeal, if the
applicable statute, ordinance, regulation, custom, or usage
provides a mechanism for waiver by or appeal to an
administrative agency.
The party seeking redress shall not be required to apply for a waiver
or appeal described in subparagraph (B) if such waiver or appeal is
unavailable or can not provide the relief requested, or if pursuit of
such a mechanism would otherwise be futile.''.
SEC. 3. UNITED STATES AS DEFENDANT.
Section 1346 of title 28, United States Code, is amended by adding
at the end the following:
``(h)(1) Any claim brought under subsection (a) that is founded
upon a property right or privilege secured by the Constitution, but was
allegedly infringed or taken by the United States, shall be ripe for
adjudication upon a final decision rendered by the United States, which
causes actual and concrete injury to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) one meaningful application to use the property has
been submitted but denied, and the party seeking redress has
applied for but is denied one waiver and one appeal, if the
applicable law of the United States provides a mechanism for
waiver by or appeal to an administrative agency.
The party seeking redress shall not be required to apply for a waiver
or appeal described in subparagraph (B) if such waiver or appeal is
unavailable or can not provide the relief requested, or if pursuit of
such a mechanism would otherwise be futile.''.
SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.
Section 1491(a) of title 28, United States Code, is amended by
adding at the end the following:
``(3) Any claim brought under this subsection founded upon a
property right or privilege secured by the Constitution, but allegedly
infringed or taken by the United States, shall be ripe for adjudication
upon a final decision rendered by the United States, that causes actual
and concrete injury to the party seeking redress. For purposes of this
paragraph, a final decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the
property that has been allegedly infringed or taken,
without regard to any uses that may be permitted
elsewhere; and
``(B) one meaningful application to use the
property has been submitted but denied, and the party
seeking redress has applied for but is denied one
waiver and one appeal, if the applicable statute,
ordinance, regulation, custom, or usage provides a
mechanism for waiver by or appeal to an administrative
agency.
The party seeking redress shall not be required to apply for a
waiver or appeal described in subparagraph (B) if such waiver
or appeal is unavailable or can not provide the relief
requested, or if pursuit of such a mechanism would otherwise be
futile.''.
SEC. 5. CLARIFICATION FOR CERTAIN CONSTITUTIONAL PROPERTY RIGHTS
CLAIMS.
Section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983) is amended by adding at the end the following: ``If the
party injured seeks to redress the deprivation of a property right or
privilege under this section that is secured by the Constitution by
asserting a claim that concerns--
``(1) an approval to develop real property that is subject
to conditions or exactions, then the person acting under color
of State law is liable if any such condition or exaction,
whether legislative or adjudicatory in nature, including but
not limited to the payment of a monetary fee or a dedication of
real property from the injured party, is unconstitutional;
``(2) a subdivision of real property pursuant to any
statute, ordinance, regulation, custom, or usage of any State
or territory, or the District of Columbia, then such a claim
shall be decided with reference to each subdivided lot,
regardless of ownership, if such a lot is taxed, or is
otherwise treated and recognized, as an individual property
unit by the State, territory, or the District of Columbia; or
``(3) alleged deprivation of substantive due process, then
the action of the person acting under color of State law shall
be judged as to whether it is arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance with law.
For purposes of the preceding sentence, `State law' includes any law of
the District of Columbia or of any territory of the United States.''.
SEC. 6. CLARIFICATION FOR CERTAIN CONSTITUTIONAL PROPERTY RIGHTS CLAIMS
AGAINST THE UNITED STATES.
(a) District Court Jurisdiction.--Section 1346 of title 28, United
States Code, is amended by adding at the end the following:
``(i) If a claim brought under subsection (a) is founded upon a
property right or privilege secured by the Constitution that concerns--
``(1) an approval from an executive agency to permit or
authorize uses of real property that is subject to conditions
or exactions, then the United States is liable if any such
condition or exaction, whether legislative or adjudicatory in
nature, including but not limited to the payment of a monetary
fee or a dedication of real property from the injured party, is
unconstitutional;
``(2) a subdivision of real property pursuant to any
statute, ordinance, regulation, custom, or usage of any State
or territory, or the District of Columbia, then such a claim
against an executive agency shall be decided with reference to
each subdivided lot, regardless of ownership, if such a lot is
taxed, or is otherwise treated and recognized, as an individual
property unit by the State or territory, or the District of
Columbia, as the case may be; or
``(3) an alleged deprivation of substantive due process,
then the United States shall be judged as to whether its action
is arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law.
In this subsection, the term `executive agency' has the meaning given
that term in section 105 of title 5.''.
(b) Court of Federal Claims Jurisdiction.--Section 1491 of title
28, United States Code, is amended by adding at the end the following:
``(4) If a claim brought under subsection (a) is founded upon a
property right or privilege secured by the Constitution that concerns--
``(A) an approval from an executive agency to permit or
authorize uses of real property that is subject to conditions
or exactions, then the United States is liable if any such
condition or exaction, whether legislative or adjudicatory in
nature, including but not limited to the payment of a monetary
fee or a dedication of real property from the injured party, is
unconstitutional;
``(B) a subdivision of real property pursuant to any
statute, ordinance, regulation, custom, or usage of any State
or territory, or the District of Columbia, then such a claim
against an executive agency shall be decided with reference to
each subdivided lot, regardless of ownership, if such a lot is
taxed, or is otherwise treated and recognized, as an individual
property unit by the State, or territory, or the District of
Columbia, as the case may be; or
``(C) an alleged deprivation of substantive due process,
then the United States shall be judged as to whether its action
is arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law.
In this paragraph, the term `executive agency' has the meaning given
that term in section 105 of title 5.''.
SEC. 7. DUTY OF NOTICE TO OWNERS.
(a) In General.--Whenever a Federal agency takes an agency action
limiting the use of private property that may be affected by the
amendments by this Act, the agency shall, not later than 30 days after
the agency takes that action, give notice to the owners of that
property explaining their rights under such amendments and the
procedures for obtaining any compensation that may be due them under
such amendments.
(b) Definitions.--For purposes of subsection (a)--
(1) the term ``Federal agency'' means ``agency'', as that
term is defined in section 552(f) of title 5, United States
Code; and
(2) the term ``agency action'' has the meaning given that
term in section 551 of title 5, United States Code.
SEC. 8. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--If any provision of this Act or the amendments
made by this Act or the application thereof to any person or
circumstance is held invalid, the remainder of this Act, the amendments
made by this Act, or the application thereof to other persons not
similarly situated or to other circumstances shall not be affected by
such invalidation.
(b) Effective Date.--The amendments made by this Act shall apply to
actions commenced on or after the date of the enactment of this Act.
Passed the House of Representatives September 29, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Private Property Rights Implementation Act of 2006 - (Sec. 2) Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding is pending in state court, at the time the action is filed in the district court, that arises out of the same operative facts as the district court proceeding.
Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear.
Declares that any claim or action to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress.
(Sec. 3) Declares that any claim founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States which causes actual and concrete injury to the party seeking redress.
(Sec. 5) Amends the Revised Statutes of the United States with respect to certain Constitutional property rights claims.
(Sec. 6) Provides for the liability of the United States for certain claims, brought under U.S. district court jurisdiction or Court of Federal Claims jurisdiction, where the claim is founded upon a property right or privilege secured by the Constitution.
Makes the United States liable for a claim where an executive agency has permitted or authorized uses of real property subject to conditions or exactions, if any such condition or exaction, whether legislative or adjudicatory in nature, including the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional.
Declares that whenever a claim against an executive agency concerns a subdivision of real property pursuant to any state or territorial law, regulation, custom, or usage, then it shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or otherwise treated and recognized by the state or territory, as an individual property unit.
States that, if a claim alleges deprivation of substantive due process, the United States shall be judged as to whether its action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
(Sec. 7) Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments. |
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 ``Silk Road Strategy Act of 1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The ancient Silk Road, once the economic lifeline of
Central Asia and the South Caucasus, traversed much of the
territory now within the countries of Armenia, Azerbaijan,
Georgia, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan.
(2) Economic interdependence spurred mutual cooperation
among the peoples along the Silk Road and restoration of the
historic relationships and economic ties between those peoples
is an important element of ensuring their sovereignty as well
as the success of democratic and market reforms.
(3) The development of strong political and economic ties
between countries of the South Caucasus and Central Asia and
the West will foster stability in the region.
(4) The development of open market economies and open
democratic systems in the countries of the South Caucasus and
Central Asia will provide positive incentives for international
private investment, increased trade, and other forms of
commercial interactions with the rest of the world.
(5) The Caspian Sea Basin, overlapping the territory of the
countries of the South Caucasus and Central Asia, contains
proven oil and gas reserves that may exceed $4,000,000,000,000
in value.
(6) The region of the South Caucasus and Central Asia will
produce oil and gas in sufficient quantities to reduce the
dependence of the United States on energy from the volatile
Persian Gulf region.
(7) United States foreign policy and international
assistance should be narrowly targeted to support the economic
and political independence of the countries of the South
Caucasus and Central Asia.
SEC. 3. POLICY OF THE UNITED STATES.
It shall be the policy of the United States in the countries of the
South Caucasus and Central Asia--
(1) to promote and strengthen independence, sovereignty,
and democratic government;
(2) to assist actively in the resolution of regional
conflicts;
(3) to promote friendly relations and economic cooperation;
(4) to help promote market-oriented principles and
practices;
(5) to assist in the development of the infrastructure
necessary for communications, transportation, and energy and
trade on an East-West axis in order to build strong
international relations and commerce between those countries
and the stable, democratic, and market-oriented countries of
the Euro-Atlantic Community; and
(6) to support United States business interests and
investments in the region.
SEC. 4. UNITED STATES EFFORTS TO RESOLVE CONFLICTS IN GEORGIA,
AZERBAIJAN, AND TAJIKISTAN.
It is the sense of Congress that the President should use all
diplomatic means practicable, including the engagement of senior United
States Government officials, to press for an equitable, fair, and
permanent resolution to the conflicts in Georgia and Azerbaijan and the
civil war in Tajikistan.
SEC. 5. AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961.
Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) is amended by adding at the end the following new chapter:
``Chapter 12--Support for the Economic and Political Independence of
the Countries of the South Caucasus and Central Asia
``SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND
RECOVERY FROM REGIONAL CONFLICTS.
``(a) Purpose of Assistance.--The purposes of assistance under this
section are--
``(1) to create the basis for reconciliation between
belligerents;
``(2) to promote economic development in areas of the
countries of the South Caucasus and Central Asia impacted by
civil conflict and war; and
``(3) to encourage broad regional cooperation among
countries of the South Caucasus and Central Asia that have been
destabilized by internal conflicts.
``(b) Authorization for Assistance.--
``(1) In general.--To carry out the purposes of subsection
(a), the President is authorized to provide humanitarian
assistance and economic reconstruction assistance under this
Act, and assistance under the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601 et seq.), to the countries of the
South Caucasus and Central Asia to support the activities described in
subsection (c).
``(2) Definition of humanitarian assistance.--In this
subsection, the term `humanitarian assistance' means assistance
to meet urgent humanitarian needs, in particular meeting needs
for food, medicine, medical supplies and equipment, and
clothing.
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to--
``(1) providing for the essential needs of victims of the
conflicts;
``(2) facilitating the return of refugees and internally
displaced persons to their homes; and
``(3) assisting in the reconstruction of residential and
economic infrastructure destroyed by war.
``(d) Policy.--It is the sense of Congress that the United States
should, where appropriate, support the establishment of neutral,
multinational peacekeeping forces to implement peace agreements reached
between belligerents in the countries of the South Caucasus and Central
Asia.
``SEC. 499A. ECONOMIC ASSISTANCE.
``(a) Purpose of Assistance.--The purpose of assistance under this
section is to foster the conditions necessary for regional economic
cooperation in the South Caucasus and Central Asia.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide technical
assistance to the countries of the South Caucasus and Central Asia to
support the activities described in subsection (c).
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to the development of the
structures and means necessary for the growth of private sector
economies based upon market principles.
``(d) Policy.--It is the sense of Congress that the United States
should--
``(1) assist the countries of the South Caucasus and
Central Asia to develop laws and regulations that would
facilitate the ability of those countries to join the World
Trade Organization;
``(2) provide permanent nondiscriminatory trade treatment
(MFN status) to the countries of the South Caucasus and Central
Asia; and
``(3) consider the establishment of zero-to-zero tariffs
between the United States and the countries of the South
Caucasus and Central Asia.
``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE.
``(a) Purpose of Assistance.--The purposes of assistance under this
section are--
``(1) to develop the physical infrastructure necessary for
regional cooperation among the countries of the South Caucasus
and Central Asia; and
``(2) to encourage closer economic relations between those
countries and the United States and other developed nations.
``(b) Authorization for Assistance.--To carry out the purposes of
subsection (a), the following types of assistance to the countries of
the South Caucasus and Central Asia are authorized to support the
activities described in subsection (c):
``(1) Activities by the Export-Import Bank to complete the
review process for eligibility for financing under the Export-
Import Bank Act of 1945.
``(2) The provision of insurance, reinsurance, financing,
or other assistance by the Overseas Private Investment
Corporation.
``(3) Assistance under section 661 of this Act (relating to
the Trade and Development Agency).
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to promoting actively the
participation of United States companies and investors in the planning,
financing, and construction of infrastructure for communications,
transportation, and energy and trade including highways, railroads,
port facilities, shipping, banking, insurance, telecommunications
networks, and gas and oil pipelines.
``(d) Policy.--It is the sense of Congress that the United States
representatives at the International Bank for Reconstruction and
Development, the International Finance Corporation, and the European
Bank for Reconstruction and Development should encourage lending to the
countries of the South Caucasus and Central Asia to assist the
development of the physical infrastructure necessary for regional
economic cooperation.
``SEC. 499C. SECURITY ASSISTANCE.
``(a) Purpose of Assistance.--The purpose of assistance under this
section is to assist countries of the South Caucasus and Central Asia
to secure their borders and implement effective controls necessary to
prevent the trafficking of illegal narcotics and the proliferation of
technology and materials related to weapons of mass destruction (as
defined in section 2332a(c)(2) of title 18, United States Code), and to
contain and inhibit transnational organized criminal activities.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide the following
types of assistance to the countries of the South Caucasus and Central
Asia to support the activities described in subsection (c):
``(1) Assistance under chapter 5 of part II of this Act
(relating to international military education and training).
``(2) Assistance under chapter 8 of this part of this Act
(relating to international narcotics control assistance).
``(3) The transfer of excess defense articles under section
516 of this Act (22 U.S.C. 2321j).
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to assisting those
countries of the South Caucasus and Central Asia in developing
capabilities to maintain national border guards, coast guard, and
customs controls.
``(d) Policy.--It is the sense of Congress that the United States
should encourage and assist the development of regional military
cooperation among the countries of the South Caucasus and Central Asia
through programs such as the Central Asian Battalion and the
Partnership for Peace of the North Atlantic Treaty Organization.
``SEC. 499D. STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT OF
CIVIL SOCIETY.
``(a) Purpose of Assistance.--The purpose of assistance under this
section is to promote institutions of democratic government and to
create the conditions for the growth of pluralistic societies,
including religious tolerance.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide the following
types of assistance to the countries of the South Caucasus and Central
Asia.
``(1) Technical assistance for democracy building.
``(2) Technical assistance for the development of
nongovernmental organizations.
``(3) Technical assistance for development of independent
media.
``(4) Technical assistance for the development of the rule
of law.
``(5) International exchanges and advanced professional
training programs in skill areas central to the development of
civil society.
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to activities that directly
and specifically are designed to advance progress toward the
development of democracy.
``(d) Policy.--It is the sense of Congress that the Voice of
America and RFE/RL, Incorporated, should maintain high quality
broadcasting for the maximum duration possible in the native languages
of the countries of the South Caucasus and Central Asia.
``SEC. 499E. INELIGIBILITY FOR ASSISTANCE.
``(a) In General.--Except as provided in subsection (b), assistance
may not be provided under this chapter for a country of the South
Caucasus or Central Asia if the President determines and certifies to
the appropriate congressional committees that the country--
``(1) is engaged in a consistent pattern of gross
violations of internationally recognized human rights;
``(2) has, on or after the date of enactment of this
chapter, knowingly transferred to another country--
``(A) missiles or missile technology inconsistent
with the guidelines and parameters of the Missile
Technology Control Regime (as defined in section 11B(c)
of the Export Administration Act of 1979 950 U.S.C.
App. 2410b(c); or
``(B) any material, equipment, or technology that
would contribute significantly to the ability of such
country to manufacture any weapon of mass destruction
(including nuclear, chemical, and biological weapons)
if the President determines that the material,
equipment, or technology was to be used by such country
in the manufacture of such weapons;
``(3) has supported acts of international terrorism;
``(4) is prohibited from receiving such assistance by
chapter 10 of the Arms Export Control Act or section 306(a)(1)
and 307 of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (22 U.S.C. 5604(a)(1), 5605);
or
``(5) has initiated an act of aggression against another
state in the region after the date of enactment of the Silk
Road Strategy Act of 1997.
``(b) Exception to Ineligibility.--Notwithstanding subsection (a),
assistance may be provided under this chapter if the President
determines and certifies in advance to the appropriate congressional
committees that the provision of such assistance is important to the
national interest of the United States.
``SEC. 499F. ADMINISTRATIVE AUTHORITIES.
``(a) Assistance Through Governments and Nongovernmental
Organizations.--Assistance under this chapter may be provided to
governments or through nongovernmental organizations.
``(b) Use of Economic Support Funds.--Except as otherwise provided,
any funds that have been allocated under chapter 4 of part II for
assistance for the independent states of the former Soviet Union may be
used in accordance with the provisions of this chapter.
``(c) Terms and Conditions.--Assistance under this chapter shall be
provided on such terms and conditions as the President may determine.
``(d) Superseding Existing Law.--The authority to provide
assistance under this chapter supersedes any other provision of law,
except for--
``(1) this chapter;
``(2) section 634A of this Act and comparable notification
requirements contained in sections of the annual foreign
operations, export financing, and related programs Act;
``(3) section 907 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (22
U.S.C. 5812 note; relating to restriction on assistance to
Azerbaijan), except such section shall not apply with respect
to--
``(A) activities to provide humanitarian assistance
under the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2601 et seq.);
``(B) activities to support democratic reforms and
democratic governance;
``(C) assistance for the control of narcotic and
psychotropic drugs and other controlled substances, or
for other anticrime purposes, under section 481(a)(4)
of this Act (22 U.S.C. 2291(a)(4));
``(D) assistance under programs carried out under
section 1424 of the National Defense Authorization Act
for Fiscal Year 1997 (50 U.S.C. 2333);
``(E) assistance provided by the Trade and
Development Agency under section 661 of this Act (22
U.S.C. 2421) ; and
``(F) activities carried out by the United States
and Foreign Commercial Service; and
``(4) section 1341 of title 31, United States Code
(commonly referred to as the ``Anti-Deficiency Act''), the
Congressional Budget and Impoundment Control Act of 1974, the
Balanced Budget and Emergency Deficit Control Act of 1985, and
the Budget Enforcement Act of 1990.
``SEC. 499G. DEFINITIONS.
``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
``(2) Countries of the south caucasus and central asia.--
The term `countries of the South Caucasus and Central Asia'
means Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgystan,
Tajikistan, Turkmenistan, and Uzbekistan.''.
SEC. 6. ANNUAL REPORT.
Beginning one year after the date of enactment of this Act, and
annually thereafter, the President shall submit a report to the
appropriate congressional committees--
(1) identifying the progress of United States foreign
policy to accomplish the policy identified in section 3;
(2) evaluating the degree to which the assistance
authorized by chapter 12 of part I of the Foreign Assistance
Act of 1961, as added by section 5 of this Act, was able to
accomplish the purposes identified in those sections; and
(3) recommending any additional initiatives that should be
undertaken by the United States to implement the policy and
purposes contained in this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Countries of the south caucasus and central asia.--The
term ``countries of the South Caucasus and Central Asia'' means
Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgystan, Tajikistan,
Turkmenistan, and Uzbekistan. | Silk Road Strategy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance to the South Caucasus and Central Asia countries to: (1) promote sovereignty and independence with democratic government; (2) assist in the resolution of regional conflicts; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region.
Prohibits assistance to such countries (unless it is important to the U.S. national interest) if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have knowingly transferred controlled missiles or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (3) have supported acts of international terrorism; (4) are prohibited from receiving such assistance by specified Acts; or (5) have initiated an act of aggression against another state in the region.
Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflicts in Georgia, Azerbaijan, and the civil war in Tajikistan. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare VA Reimbursement Act of
2009''.
SEC. 2. ESTABLISHMENT OF MEDICARE SUBVENTION FOR VETERANS.
(a) In General.--Section 1862 of the Social Security Act (42 U.S.C.
1395y) is amended by adding at the end the following new subsection:
``(n) Medicare Subvention for Veterans.--
``(1) Establishment.--The Secretary of Health and Human
Services, in cooperation with the Secretary of Veterans
Affairs, shall establish a program to be known as the `Medicare
VA reimbursement program' under which the Secretary of Health
and Human Services shall reimburse the Secretary of Veterans
Affairs, from the Federal Hospital Insurance Trust Fund
established in section 1817 and the Federal Supplementary
Medical Insurance Trust Fund established in section 1841, for
an item or service that--
``(A) is furnished to a Medicare-eligible veteran
by a Department of Veterans Affairs medical facility
for the treatment of a non-service-connected condition;
and
``(B) is covered under this title or is determined
to be medically necessary by the Secretary of Veterans
Affairs.
``(2) Memorandum of understanding.--
``(A) In general.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall enter a memorandum of
understanding with the Secretary of Veterans Affairs
concerning the administration of the Medicare VA
reimbursement program.
``(B) Contract elements.--The memorandum of
understanding under subparagraph (A) shall contain the
following:
``(i) Frequency of reimbursement.--An
agreement on how often reimbursements will be
made by the Secretary of Health and Human
Services to the Secretary of Veterans Affairs.
``(ii) Billing system.--An agreement on the
details of the billing system that will be used
by the Secretary of Veterans Affairs to make
claims for reimbursement from the Secretary of
Health and Human Services.
``(iii) Data sharing agreement.--An
agreement on data sharing, including--
``(I) identification of the data
exchanges that each Secretary will need
to develop, maintain, or provide access
to, for purposes of the Medicare VA
reimbursement program; and
``(II) verification of data
demonstrating that a item or service
was provided by a Department of
Veterans Affairs medical facility to a
Medicare-eligible veteran for a non-
service-connected condition before the
Secretary of Health and Human Services
provides for reimbursement for such
item or service under the Medicare VA
reimbursement program.
``(iv) Payment rate.--Subject to the
requirements of paragraph (3), details of the
payment rate to be used for reimbursements made
under the Medicare VA reimbursement program.
``(v) Performance measures.--An agreement
on performance measures and performance targets
to be used to demonstrate the impact of the
Medicare VA reimbursement program.
``(vi) Additional terms.--Any additional
terms deemed necessary by the administering
Secretaries.
``(C) No maintenance of effort requirement.--For
purposes of the Medicare VA reimbursement program, the
Secretary of Veterans Affairs shall not be required to
meet a maintenance of effort requirement (a requirement
that the Secretary of Veterans Affairs maintain a
certain level of spending in order to receive
reimbursement from the Secretary of Health and Human
Services).
``(3) Payments based on regular medicare payment rates.--
``(A) Amount.--Subject to the succeeding provisions
of this paragraph, the Secretary of Health and Human
Services shall reimburse the Secretary of Veterans
Affairs--
``(i) for an item or service that is
covered under this title and is provided to a
Medicare-eligible veteran by a Department of
Veterans Affairs medical facility for the
treatment of a non-service-connected condition,
at a rate that is not less than 100 percent of
the amounts that otherwise would be payable
under this title, on a fee-for-service basis,
for such item or service if the Department of
Veterans Affairs medical facility were a
provider of services, were participating in the
Medicare program, and imposed charges for such
item or service; and
``(ii) for an item or service that is not
covered under this title that is provided to a
Medicare-eligible veteran by a Department of
Veterans Affairs medical facility for the
treatment of a non-service-connected condition,
if the Secretary of Veteran's Affairs
determines that such item or service is
medically necessary, at a rate determined by
the Secretary of Health and Human Services in
consultation with the Secretary of Veterans
Affairs.
``(B) No arbitrary limitation on amount.--Subject
to the requirements of this subsection, the Secretary
of Health and Human Services may not impose an annual
cap or other limit on the amount of reimbursement made
under the Medicare VA reimbursement program.
``(C) Exclusion of certain amounts.--In computing
the amount of payment under subparagraph (A), the
following amounts shall be excluded:
``(i) Disproportionate share hospital
adjustment.--Any amount attributable to an
adjustment under section 1886(d)(5)(F).
``(ii) Direct graduate medical education
payments.--Any amount attributable to a payment
under section 1886(h).
``(iii) Indirect medical education
adjustment.--Any amount attributable to the
adjustment under section 1886(d)(5)(B).
``(iv) Capital payments.--Any amounts
attributable to payments for capital-related
costs under section 1886(g).
``(D) Periodic payments from medicare trust
funds.--Reimbursements under this paragraph shall be
made--
``(i) on a periodic basis consistent with
the periodicity of payments under this title;
and
``(ii) from the Federal Hospital Insurance
Trust Fund established in section 1817 and the
Federal Supplementary Medical Insurance Trust
Fund established in section 1841.
``(E) Crediting of payments.--Any payment made to
the Department of Veterans Affairs under this
subsection shall be deposited in the Department of
Veterans Affairs Medical Care Collections Fund
established under section 1729A of title 38, United
States Code.
``(4) Cost-sharing requirements.--The Secretary of Health
and Human Services shall reduce the amount of reimbursement to
the Secretary of Veterans Affairs for items and services under
the Medicare VA reimbursement program by amounts attributable
to applicable deductible, coinsurance, and cost-sharing
requirements under this title.
``(5) Waiver of prohibition on payments to federal
providers of services.--The prohibition of payments to Federal
providers of services under sections 1814(c) and 1835(d) shall
not apply to items and services provided under this subsection.
``(6) Rules of construction.--Nothing in this subsection
shall be construed--
``(A) as prohibiting the Inspector General of the
Department of Health and Human Services from
investigating any matters regarding the expenditure of
funds under this subsection, including compliance with
the provisions of this title and all other relevant
laws;
``(B) as adding or requiring additional criteria
for eligibility for health care benefits furnished to
veterans by the Secretary of Veterans Affairs, as
established under chapter 17 of title 38, United States
Code; or
``(C) subject to the requirements of title 38,
United States Code, as limiting a veteran's ability to
access such benefits, regardless of the veteran's
status as a Medicare-eligible veteran.
``(7) Annual reports.--Not later than one year after
implementing the program under this subsection and annually
thereafter, the administering Secretaries shall submit to the
Congress a report containing the following:
``(A) The number of Medicare-eligible veterans who
opt to receive health care at a Department of Veterans
Affairs medical facility.
``(B) The total amount of reimbursements made from
the Federal Hospital Insurance Trust Fund established
in section 1817 and the Federal Supplementary Medical
Insurance Trust Fund established in section 1841 to the
Department of Veterans Affairs Medical Care Collections
Fund established under section 1729A of title 38,
United States Code.
``(C) The number and types of items and services
provided to Medicare-eligible veterans by Department of
Veterans Affairs medical facilities under this
subsection.
``(D) An accounting of the manner in which the
Department of Veterans Affairs expended funds received
through reimbursements under this subsection.
``(E) A detailed description of any changes made to
the memorandum of understanding under paragraph (2).
``(F) A comparison of the performance data with the
performance targets under paragraph (2)(B)(v).
``(G) Any other data on the Medicare VA
reimbursement program that the administering
Secretaries determine is appropriate.
``(8) Definitions.--For purposes of this subsection:
``(A) Administering secretaries.--The term
`administering Secretaries' means the Secretary of
Health and Human Services and the Secretary of Veterans
Affairs acting jointly.
``(B) Medicare-eligible veteran.--The term
`Medicare-eligible veteran' means an individual who is
a veteran (as defined in section 101(2) of title 38,
United States Code) who is eligible for care and
services under section 1705(a) of title 38, United
States Code and who--
``(i) is entitled to, or enrolled for,
benefits under part A of this title; or
``(ii) is enrolled for benefits under part
B of this title.
``(C) Non-service connected condition.--The term
`non-service-connected condition' means a disease or
condition that is `non-service-connected' as such term
is defined in section 101(17) of title 38, United
States Code.
``(D) Department of veterans affairs medical
facility.--The term `Department of Veterans Affairs
medical facility' means a `medical facility' as such
term is defined in section 8101(3) of title 38, United
States Code, alone or in conjunction with other
facilities under the jurisdiction of the Secretary of
Veterans Affairs.''.
(b) Conforming Amendment.--Section 1729 of title 38, United States
Code is amended by adding at the end the following new subsection:
``(j) In any case in which a Medicare-eligible veteran (as defined
in section 1862(n)(8)(B) of the Social Security Act (42 U.S.C.
1395y(n)(8)(B))) is furnished care or services under this chapter for a
non-service-connected condition (as defined in section 1862(n)(8)(C) of
such Act) the Secretary shall--
``(1) seek reimbursement from the Secretary of Health and
Human Services for such care and services under section 1862(n)
of such Act; and
``(2) collect any applicable deductible, coinsurance, or
other cost-sharing amount required under title XVIII of the
Social Security Act from the veteran or from a third party to
the extent that the veteran (or the provider of the care or
services) would be eligible to receive payment for such care or
services from such third party if the care or services had not
been furnished by a department or agency of the United
States.''.
SEC. 3. GAO REPORT.
(a) In General.--Not later than the last day of the three-year
period beginning on the date of the enactment of this Act and the last
date of each subsequent three-year period, the Comptroller General of
the United States shall submit to the Congress a report on the Medicare
VA reimbursement program established under section 1862(n) of the
Social Security Act, as added by section 2 of this Act.
(b) Contents.--The report under subsection (a) shall contain an
analysis of--
(1) the impact of the Medicare VA reimbursement program on
the Federal Hospital Insurance Trust Fund established in
section 1817 of the Social Security Act (42 U.S.C. 1395i) and
the Federal Supplementary Medical Insurance Trust Fund
established in section 1841 of such Act (42 U.S.C. 1395t);
(2) whether Medicare-eligible veterans (as defined in
section 1862(n)(8)(B)) experience improved access to health
care as a result of the program;
(3) whether Medicare-eligible veterans experience a change
in the quality of care that they receive as a result of this
program;
(4) the impact of the program on local health care
providers and Medicare beneficiaries in the communities
surrounding Department of Veterans Affairs medical facilities;
and
(5) any additional issues deemed appropriate by the
Comptroller General of the United States.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that the amount of funds
appropriated to the Department of Veterans Affairs for medical care in
any fiscal year beginning on or after the date of the enactment of this
Act should not be reduced as a result of the implementation of the
Medicare VA reimbursement program under section 1862(n) of the Social
Security Act, as added by section 2(a). | Medicare VA Reimbursement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS), in cooperation with the Secretary of Veterans Affairs (VA), to establish a Medicare VA reimbursement program under which the HHS Secretary shall reimburse the VA Secretary, from the Medicare trust funds, for any item or service: (1) furnished to a Medicare-eligible veteran by a VA medical facility for the treatment of a non-service-connected condition; and (2) covered by Medicare or determined to be medically necessary by the VA Secretary.
Requires the HHS Secretary to enter a memorandum of understanding with the VA Secretary concerning administration of the program. Specifies required conditions in the memorandum.
Directs the Comptroller General to report to Congress on the program every three years.
Declares the sense of Congress that the amount of funds appropriated to the VA for medical care in any fiscal year should not be reduced as a result of the implementation of the Medicare VA reimbursement program. |
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 ``Geothermal Production Expansion Act
of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the best interest of the United States to
develop clean renewable geothermal energy;
(2) development of that energy should be promoted on
appropriate Federal land;
(3) under the Energy Policy Act of 2005 (42 U.S.C. 15801 et
seq.), the Bureau of Land Management is authorized to issue 3
different types of noncompetitive leases for production of
geothermal energy on Federal land, including--
(A) noncompetitive geothermal leases to mining
claim holders that have a valid operating plan;
(B) direct use leases; and
(C) leases on parcels that do not sell at a
competitive auction;
(4) Federal geothermal energy leasing activity should be
directed toward persons seeking to develop the land as opposed
to persons seeking to speculate on geothermal resources and
artificially raising the cost of legitimate geothermal energy
development;
(5) developers of geothermal energy on Federal land that
have invested substantial capital and made high risk
investments should be allowed to secure a discovery of
geothermal energy resources; and
(6) successful geothermal development on Federal land will
provide increased revenue to the Federal Government, with the
payment of production royalties over decades.
SEC. 3. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term
`fair market value per acre' means a dollar
amount per acre that--
``(I) except as provided in this
clause, shall be equal to the market
value per acre as determined by the
Secretary under regulations issued
under this paragraph;
``(II) shall be determined by the
Secretary with respect to a lease under
this paragraph, by not later than the
end of the 90-day period beginning on
the date the Secretary receives an
application for the lease; and
``(III) shall be not less than the
greater of--
``(aa) 4 times the median
amount paid per acre for all
land leased under this Act
during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term
`industry standards' means the standards by
which a qualified geothermal professional
assesses whether downhole or flowing
temperature measurements with indications of
permeability are sufficient to produce energy
from geothermal resources, as determined
through flow or injection testing or
measurement of lost circulation while drilling.
``(iii) Qualified federal land.--The term
`qualified Federal land' means land that is
otherwise available for leasing under this Act.
``(iv) Qualified geothermal professional.--
The term `qualified geothermal professional'
means an individual who is an engineer or
geoscientist in good professional standing with
at least 5 years of experience in geothermal
exploration, development, or project
assessment.
``(v) Qualified lessee.--The term
`qualified lessee' means a person that may hold
a geothermal lease under part 3202.10 of title
43, Code of Federal Regulations, as in effect
on the date of enactment of the Geothermal
Production Expansion Act of 2010.
``(vi) Valid discovery.--The term `valid
discovery' means a discovery of a geothermal
resource by a new or existing slim hole or
production well, that exhibits downhole or
flowing temperature measurements with
indications of permeability that are sufficient
to meet industry standards.
``(B) Authority.--An area of qualified Federal land
that adjoins other land for which a qualified lessee
holds a legal right to develop geothermal resources may
be available for a noncompetitive lease under this
section to the qualified lessee at the fair market
value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1
acre and not more than 640 acres; and
``(II) is not already leased under
this Act or nominated to be leased
under subsection (a);
``(ii) the qualified lessee has not
previously received a noncompetitive lease
under this paragraph in connection with the
valid discovery for which data has been
submitted under clause (iii)(I); and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified lessee to the applicable Federal
land management agency that would lead
individuals who are experienced in the subject
matter to believe that--
``(I) there is a valid discovery of
geothermal resources on the land for
which the qualified lessee holds the
legal right to develop geothermal
resources; and
``(II) that thermal feature extends
into the adjoining areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any
request to lease land under this
paragraph;
``(II) determine fair market value
for purposes of this paragraph in
accordance with procedures for making
those determinations that are
established by regulations issued by
the Secretary;
``(III) provide to a qualified
lessee and publish any proposed
determination under this subparagraph
of the fair market value of an area
that the qualified lessee seeks to
lease under this paragraph;
``(IV) provide to the qualified
lessee the opportunity to appeal the
proposed determination during the 30-
day period beginning on the date that
the proposed determination is provided
to the qualified lessee; and
``(V) provide to any interested
member of the public the opportunity to
appeal the proposed determination in
accordance with the process established
under parts 4 and 1840, and section
3200.5, of title 43, Code of Federal
Regulations (as in effect on the date
of enactment of the Geothermal
Production Expansion Act of 2010)
during the 30-day period beginning on
the date that the proposed
determination is published.
``(ii) Limitation on nomination.--After
publication of a notice of request to lease
land under this paragraph, the Secretary may
not accept under subsection (a) any nomination
of the land for leasing unless the request has
been denied or withdrawn.
``(D) Regulations.--Not later than 180 days after
the date of enactment of the Geothermal Production
Expansion Act of 2010, the Secretary shall issue
regulations to carry out this paragraph.''. | Geothermal Production Expansion Act of 2010 - Amends competitive lease provisions of the Geothermal Steam Act of 1970 to allow an area of qualified federal land (land that is otherwise available for leasing under that Act) that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources to be available for a noncompetitive lease to such lessee at fair market value per acre if: (1) the area of qualified federal land consists of not less than one acre and not more than 640 acres and is not already leased or nominated to be leased; (2) the qualified lessee has not previously received a noncompetitive lease in connection with the valid discovery for which data has been submitted; and (3) sufficient technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable federal land management agency that would lead individuals who are experienced in the subject matter to believe that there is a valid discovery of geothermal resources on the land and that such thermal feature extends into the adjoining areas.
Defines "fair market value per acre" as a dollar amount per acre that shall be: (1) equal to the market value per acre as determined by the Secretary of the Interior within 90 days after the Secretary receives an application for a lease, and (2) not less than the greater of 4 times the median amount paid per acre for all land leased under such Act during the preceding year or $50.
Directs the Secretary to: (1) publish a notice of any request for such a lease; (2) determine fair market value in accordance with procedures established by the Secretary; (3) provide to a qualified lessee and publish any proposed determination of the fair market value of the area the qualified lessee seeks to lease; and (4) provide the lessee and the public an opportunity to appeal a proposed determination during the 30-day period after the determination is provided or published, respectively. Prohibits the Secretary from accepting any nomination of land for leasing after publication of a notice of request to lease such land unless the request has been denied or withdrawn. |
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 ``Internet Spyware (I-SPY) Prevention
Act of 2004''.
SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO
COMPUTERS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1030 the following:
``Sec. 1030A. Illicit indirect use of protected computers
``(a) Whoever intentionally accesses a protected computer without
authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected
computer, and intentionally uses that program or code in furtherance of
another Federal criminal offense shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) Whoever intentionally accesses a protected computer without
authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected
computer, and by means of that program or code--
``(1) intentionally obtains, or transmits to another,
personal information with the intent to defraud or injure a
person or cause damage to a protected computer; or
``(2) intentionally impairs the security protection of the
protected computer;
shall be fined under this title or imprisoned not more than 2 years, or
both.
``(c) No person may bring a civil action under the law of any State
if such action is premised in whole or in part upon the defendant's
violating this section. For the purposes of this subsection, the term
`State' includes the District of Columbia, Puerto Rico, and any other
territory or possession of the United States.
``(d) As used in this section--
``(1) the terms `protected computer' and `exceeds
authorized access' have, respectively, the meanings given those
terms in section 1030; and
``(2) the term `personal information' means--
``(A) a first and last name;
``(B) a home or other physical address, including
street name;
``(C) an electronic mail address;
``(D) a telephone number;
``(E) a Social Security number, tax identification
number, drivers license number, passport number, or any
other government-issued identification number; or
``(F) a credit card or bank account number or any
password or access code associated with a credit card
or bank account.
``(e) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or of an intelligence agency of the United
States.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1030 the following new item:
``1030A. Illicit indirect use of protected computers.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
In addition to any other sums otherwise authorized to be
appropriated for this purpose, there are authorized to be appropriated
for each of fiscal years 2005 through 2008, the sum of $10,000,000 to
the Attorney General for prosecutions needed to discourage the use of
spyware and the practice commonly called phishing.
SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING THE ENFORCEMENT OF
CERTAIN CYBERCRIMES.
(a) Findings.--Congress makes the following findings:
(1) Software and electronic communications are increasingly
being used by criminals to invade individuals' and businesses'
computers without authorization.
(2) Two particularly egregious types of such schemes are
the use of spyware and phishing scams.
(3) These schemes are often used to obtain personal
information, such as bank account and credit card numbers,
which can then be used as a means to commit other types of
theft.
(4) In addition to the devastating damage that these
heinous activities can inflict on individuals and businesses,
they also undermine the confidence that citizens have in using
the Internet.
(b) Sense of Congress.--Because of the serious nature of these
offenses, and the Internet's unique importance in the daily lives of
citizens and in interstate commerce, it is the sense of Congress that
the Department of Justice should use the amendments made by this Act,
and all other available tools, vigorously to prosecute those
who use spyware to commit crimes and those that conduct phishing scams.
Passed the House of Representatives October 7, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Internet Spyware (I-SPY) Prevention Act of 2004 - Amends the Federal criminal code to prohibit intentionally accessing a protected computer without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer, and intentionally using that program or code: (1) in furtherance of another Federal criminal offense; (2) to obtain or transmit personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (3) to impair the security protection of that computer.
Prohibits any person from bringing a civil action under State law premised upon the defendant's violating this Act.
Provides that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or a U.S. intelligence agency.
Authorizes appropriations for each of FY 2005 through 2008 to the Attorney General for prosecutions needed to discourage the use of spyware (i.e., software that aids in gathering and sending information about a person or organization, or in asserting control over their computer, without their knowledge or consent) and the practice called phishing (i.e., using the websites of, or e-mails that appear to be sent from, well known legitimate businesses to deceive Internet users into revealing personal information that can be used to defraud those users).
Expresses the sense of Congress that the Department of Justice should use this Act and all other available tools to vigorously prosecute those who use spyware to commit crimes and those that conduct phishing scams. |
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 ``Hepatitis C Epidemic Control and
Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 5,000,000 Americans are infected with the
hepatitis C virus (referred to in this section as ``HCV''), and
more than 3,000,000 Americans are chronically infected, leading
the Centers for Disease Control and Prevention (referred to in
this section as the ``CDC'') to recognize HCV as the Nation's
most common chronic blood-borne virus infection.
(2) According to the CDC, nearly 2 percent of the
population of the United States have been infected with HCV.
(3) The CDC conservatively estimates that approximately
30,000 Americans are newly infected with HCV each year, and
that number has been growing since 2001.
(4) HCV infection, in the United States, is the most common
cause of chronic liver disease, liver cirrhosis, and liver
cancer, the most common indication for liver transplant, and
the leading cause of death in people with HIV/AIDS. In
addition, there may be links between HCV and certain other
diseases, given that a high number of people infected with HCV
also suffer from type 2 diabetes, lymphoma, thyroid and certain
blood disorders, and autoimmune disease. Moreover,
methamphetamine abuse--which is a matter of increasing concern
to Congress and public health officials across the country--is
recognized by the National Institute on Drug Abuse to be
inextricably linked to HCV.
(5) The majority of individuals infected with HCV are
unaware of their infection. Individuals infected with HCV serve
as a source of transmission to others and, since few
individuals are aware they are infected, they are unlikely to
take precautions to prevent the spread or exacerbation of their
infection.
(6) There is no vaccine available to prevent HCV infection.
(7) Treatments are available that can eradicate the disease
in approximately 50 percent of those who are treated, and
behavioral changes can slow the progression of the disease.
(8) Conservative estimates place the costs of direct
medical expenses for HCV at more than $1,000,000,000 in the
United States annually, and such costs will undoubtedly
increase in the absence of expanded prevention and treatment
efforts.
(9) To combat the HCV epidemic in the United States, the
CDC developed Recommendations for Prevention and Control of
Hepatitis C Virus (HCV) Infection and HCV-Related Chronic
Disease in 1998 and the National Hepatitis C Prevention
Strategy in 2001, and the National Institutes of Health
convened Consensus Development Conferences on the Management of
Hepatitis C in 1997 and 2002. These recommendations and
guidelines provide a framework for HCV prevention, control,
research, and medical management referral programs.
(10) The Department of Veterans Affairs (referred to in
this paragraph as the ``VA''), which cares for more people
infected with HCV than any other health care system, is the
Nation's leader in HCV screening, testing, and treatment. Since
1998, it has been the VA's policy to screen for HCV risk
factors all veterans receiving VA health care, and the VA
currently recommends testing for all those who are found to be
``at risk'' for the virus and for all others who wish to be
tested. In fiscal year 2004, over 98 percent of VA patients had
been screened for HCV risk factors, and over 90 percent of
those ``at risk'' were tested. For all veterans who test
positive for HCV and enroll in VA medical care, the VA offers
medications that can help HCV or its complications. The VA also
has programs for HCV patient and provider education, clinical
care, data-based quality improvement, and research, and it has
4 Hepatitis C Resource Centers to develop and disseminate
innovative practices and tools to improve patient care. This
comprehensive program should be commended and could potentially
serve as a model for future HCV programs.
(11) Federal support is necessary to increase knowledge and
awareness of HCV and to assist State and local prevention and
control efforts.
SEC. 3. PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART S--PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C
``SEC. 399II. FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL
MANAGEMENT OF HEPATITIS C.
``(a) In General.--The Secretary shall develop and implement a plan
for the prevention, control, and medical management of the hepatitis C
virus (referred to in this part as `HCV') that includes strategies for
education and training, surveillance and early detection, and research.
``(b) Input in Development of Plan.--In developing the plan under
subsection (a), the Secretary shall--
``(1) be guided by existing recommendations of the Centers
for Disease Control and Prevention (referred to in this part as
the `CDC') and the National Institutes of Health, and the
comprehensive HCV programs that have been implemented by the
Department of Veterans Affairs, including the Hepatitis C
Resource Center program; and
``(2) consult with--
``(A) the Director of the CDC;
``(B) the Director of the National Institutes of
Health;
``(C) the Administrator of the Health Resources and
Services Administration;
``(D) the heads of other Federal agencies or
offices providing services to individuals with HCV
infections or the functions of which otherwise involve
HCV;
``(E) medical advisory bodies that address issues
related to HCV; and
``(F) the public, including--
``(i) individuals infected with the HCV;
and
``(ii) advocates concerned with issues
related to HCV.
``(c) Biennial Assessment of Plan.--
``(1) In general.--The Secretary shall conduct a biennial
assessment of the plan developed under subsection (a) for the
purpose of incorporating into such plan new knowledge or
observations relating to HCV and chronic HCV (such as knowledge
and observations that may be derived from clinical, laboratory,
and epidemiological research and disease detection, prevention,
and surveillance outcomes) and addressing gaps in the coverage
or effectiveness of the plan.
``(2) Publication of notice of assessments.--Not later than
October 1 of the first even numbered year beginning after the
date of the enactment of the Hepatitis C Epidemic Control and
Prevention Act, and October 1 of each even numbered year
thereafter, the Secretary shall publish in the Federal Register
a notice of the results of the assessments conducted under
paragraph (1). Such notice shall include--
``(A) a description of any revisions to the plan
developed under subsection (a) as a result of the
assessment;
``(B) an explanation of the basis for any such
revisions, including the ways in which such revisions
can reasonably be expected to further promote the
original goals and objectives of the plan; and
``(C) in the case of a determination by the
Secretary that the plan does not need revision, an
explanation of the basis for such determination.
``SEC. 399JJ. ELEMENTS OF THE FEDERAL PLAN FOR THE PREVENTION, CONTROL,
AND MEDICAL MANAGEMENT OF HEPATITIS C.
``(a) Education and Training.--The Secretary, acting through the
Director of the CDC, shall implement programs to increase awareness and
enhance knowledge and understanding of HCV. Such programs shall
include--
``(1) the conduct of health education, public awareness
campaigns, and community outreach activities to promote public
awareness and knowledge about risk factors, the transmission
and prevention of infection with HCV, the value of screening
for the early detection of HCV infection, and options available
for the treatment of chronic HCV;
``(2) the training of health care professionals regarding
the prevention, detection, and medical management of the
hepatitis B virus (referred to in this part as `HBV') and HCV,
and the importance of vaccinating HCV-infected individuals and
those at risk for HCV infection against the hepatitis A virus
and HBV; and
``(3) the development and distribution of curricula
(including information relating to the special needs of
individuals infected with HBV or HCV, such as the importance of
early intervention and treatment and the recognition of
psychosocial needs) for individuals providing hepatitis
counseling, as well as support for the implementation of such
curricula by State and local public health agencies.
``(b) Early Detection and Surveillance.--
``(1) In general.--The Secretary, acting through the
Director of the CDC, shall support activities described in
paragraph (2) to promote the early detection of HCV infection,
identify risk factors for infection, and conduct surveillance
of HCV infection trends.
``(2) Activities.--
``(A) Voluntary testing programs.--
``(i) In general.--The Secretary shall
support and promote the development of State,
local, and tribal voluntary HCV testing
programs to aid in the early identification of
infected individuals.
``(ii) Confidentiality of test results.--
The results of a HCV test conducted by a
testing program developed or supported under
this subparagraph shall be considered protected
health information (in a manner consistent with
regulations promulgated under section 264(c) of
the Health Insurance Portability and
Accountability Act of 1996) and may not be used
for any of the following:
``(I) Issues relating to health
insurance.
``(II) To screen or determine
suitability for employment.
``(III) To discharge a person from
employment.
``(B) Counseling regarding viral hepatitis.--The
Secretary shall support State, local, and tribal
programs in a wide variety of settings, including those
providing primary and specialty health care services in
nonprofit private and public sectors, to--
``(i) provide individuals with information
about ongoing risk factors for HCV infection
with client-centered education and counseling
that concentrates on changing behaviors that
place them at risk for infection; and
``(ii) provide individuals infected with
HCV with education and counseling to reduce the
risk of harm to themselves and transmission of
the virus to others.
``(C) Vaccination against viral hepatitis.--With
respect to individuals infected, or at risk for
infection, with HCV, the Secretary shall provide for--
``(i) the vaccination of such individuals
against hepatitis A virus, HBV, and other
infectious diseases, as appropriate, for which
such individuals may be at increased risk; and
``(ii) the counseling of such individuals
regarding hepatitis A, HBV, and other viral
hepatides.
``(D) Medical referral.--The Secretary shall
support--
``(i) referral of persons infected with or
at risk for HCV, for drug or alcohol abuse
treatment where appropriate; and
``(ii) referral of persons infected with
HCV--
``(I) for medical evaluation to
determine their stage of chronic HCV
and suitability for antiviral
treatment; and
``(II) for ongoing medical
management of HCV.
``(3) Hepatitis c coordinators.--The Secretary, acting
through the Director of the CDC, shall, upon request, provide a
Hepatitis C Coordinator to a State health department in order
to enhance the management, networking, and technical expertise
needed to ensure successful integration of HCV prevention and
control activities into existing public health programs.
``(c) Surveillance and Epidemiology.--
``(1) In general.--The Secretary shall promote and support
the establishment and maintenance of State HCV surveillance
databases, in order to--
``(A) identify risk factors for HCV infection;
``(B) identify trends in the incidence of acute and
chronic HCV;
``(C) identify trends in the prevalence of HCV
infection among groups that may be disproportionately
affected by HCV, including individuals living with HIV,
military veterans, emergency first responders, racial
or ethnic minorities, and individuals who engage in
high risk behaviors, such as intravenous drug use; and
``(D) assess and improve HCV infection prevention
programs.
``(2) Confidentiality.--Information contained in the
databases under paragraph (1) shall be de-identified in a
manner consistent with regulations under section 264(c) of the
Health Insurance Portability and Accountability Act of 1996.
``(d) Research Network.--The Secretary, acting through the Director
of the CDC and the Director of the National Institutes of Health,
shall--
``(1) conduct epidemiologic research to identify best
practices for HCV prevention;
``(2) establish and support a Hepatitis C Clinical Research
Network for the purpose of conducting research related to the
treatment and medical management of HCV; and
``(3) conduct basic research to identify new approaches to
prevention (such as vaccines) and treatment for HCV.
``(e) Referral for Medical Management of Chronic HCV.--The
Secretary shall support and promote State, local, and tribal programs
to provide HCV-positive individuals with referral for medical
evaluation and management, including currently recommended antiviral
therapy when appropriate.
``(f) Underserved and Disproportionately Affected Populations.--In
carrying out this section, the Secretary shall provide expanded support
for individuals with limited access to health education, testing, and
health care services and groups that may be disproportionately affected
by HCV.
``(g) Evaluation of Program.--The Secretary shall develop
benchmarks for evaluating the effectiveness of the programs and
activities conducted under this section and make determinations as to
whether such benchmarks have been achieved.
``SEC. 399KK. GRANTS.
``(a) In General.--The Secretary may award grants to, or enter into
contracts or cooperative agreements with, States, political
subdivisions of States, Indian tribes, or nonprofit entities that have
special expertise relating to HCV, to carry out activities under this
part.
``(b) Application.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a), an entity shall prepare and
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``SEC. 399LL. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$90,000,000 for fiscal year 2008, and $72,000,000 for each of fiscal
years 2009 through 2012.''. | Hepatitis C Epidemic Control and Prevention Act of 2007 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop and implement a plan for the prevention, control, and management of hepatitis C virus (HCV).
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) implement programs to increase awareness of HCV; and (2) support activities to promote the early detection of HCV infection, identify risk factors for infection, and conduct surveillance of HCV infection trends.
Directs the Secretary, acting through the Director of CDC and the Director of the National Institutes of Health (NIH), to: (1) conduct epidemiologic research to identify best practices for HCV prevention; (2) establish a Hepatitis C Clinic Research Network to conduct research related to the treatment and medical management of HCV; and (3) conduct basic research to identify new approaches to prevent and treat HCV.
Requires the Secretary to: (1) promote state, local, and tribal programs to provide referrals for medical evaluation and management to HCV-positive individuals; and (2) develop benchmarks for evaluating the programs and activities conducted under this Act.
Authorizes the Secretary to award grants to states, political subdivisions of states, Indian tribes, or nonprofit entities to carry out activities under this Act. |
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 ``Renewable Fuel Standard Improvement
Act''.
SEC. 2. AMENDMENT.
Section 211(o) of the Clean Air Act is amended as follows:
(1) In paragraphs (1)(B)(i), (2)(A)(i), and (2)(A)(ii), the
matter following paragraph (2)(B)(ii)(VI), paragraphs
(2)(B)(iv), (3), (4), (5), (6)(B), (7)(A)(i), (7)(A)(ii),
(7)(B), (7)(D), (7)(E), (7)(F), (8)(D), (9)(A)(ii)(II),
(9)(B)(i), (9)(B)(iii), (9)(C), (9)(D), and (11), by striking
``Administrator'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator''.
(2) In paragraph (1)(C)--
(A) by striking ``Administrator'' and inserting
``Secretary of Energy''; and
(B) by striking ``in 2005.'' and inserting ``2008.
At 3 year intervals after 2008, the baseline shall be
updated by using a date 3 years after the prior
baseline date.''.
(3) In paragraph (1) by amending subparagraph (D) as
follows:
(A) By striking ``and that has'' and inserting a
period and the following: ``In the case of renewable
fuel produced from facilities that commenced
construction after December 19, 2007, such term only
includes such biodiesel if it has''.
(B) By striking out ``the preceding sentence'' and
insert ``the preceding provisions of this
subparagraph''.
(4) In subparagraph (D) and (E) of paragraph (1), by
striking ``Administrator'' and inserting ``Secretary of
Agriculture and the Secretary of Energy''.
(5) In paragraph (1)(G), by striking the last sentence.
(6) By amending paragraph (1)(H) to read as follows:
``(H) Lifecycle greenhouse gas emissions.--
``(i) In general.--The term `lifecycle
greenhouse gas emissions' means the aggregate
quantity of direct greenhouse gas emissions
relating to the full fuel lifecycle, as
determined by the Secretary of Agriculture and
the Secretary of Energy based on--
``(I) measurements taken using the
most recent observable data; and
``(II) consideration of regional
differences of renewable fuel
production.
``(ii) Inclusions.--The term `lifecycle
greenhouse gas emissions' includes greenhouse
gas emissions from all stages of fuel and
feedstock production and distribution, from
feedstock generation or extraction through the
distribution and delivery and use of the
finished fuel to the ultimate consumer, where
the mass values for all greenhouse gases are
adjusted to account for the relative global
warming potential of the greenhouse gases.
``(iii) Peer review and model.--The
Secretary of Agriculture and the Secretary of
Energy shall carry out a peer review of any
model used in measuring lifecycle greenhouse
gas emissions and make the results of the peer
review and model publicly available before any
public comment period provided in connection
with the determination made under this
subparagraph.''.
(7) Amend paragraph (1)(I) to read as follows:
``(I) Renewable biomass.--The term `renewable
biomass' means--
``(i) materials, pre-commercial thinnings,
or invasive species from National Forest System
land and public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702)) that--
``(I) are byproducts of preventive
treatments that are removed--
``(aa) to reduce hazardous
fuels;
``(bb) to reduce or contain
disease or insect infestation;
or
``(cc) to restore ecosystem
health;
``(II) would not otherwise be used
for higher-value products; and
``(III) are harvested in accordance
with--
``(aa) applicable law and
land management plans; and
``(bb) the requirements
for--
``(AA) old-growth
maintenance,
restoration, and
management direction of
paragraphs (2), (3),
and (4) of subsection
(e) of section 102 of
the Healthy Forests
Restoration Act of 2003
(16 U.S.C. 6512); and
``(BB) large-tree
retention of subsection
(f) of that section; or
``(ii) any organic matter that is available
on a renewable or recurring basis from non-
Federal land or land belonging to an Indian or
Indian tribe that is held in trust by the
United States or subject to a restriction
against alienation imposed by the United
States, including--
``(I) renewable plant material,
including--
``(aa) feed grains;
``(bb) other agricultural
commodities;
``(cc) other plants and
trees; and
``(dd) algae; and
``(II) waste material, including--
``(aa) crop residue;
``(bb) other vegetative
waste material (including wood
waste and wood residues);
``(cc) animal waste and
byproducts (including fats,
oils, greases, and manure); and
``(dd) food waste and yard
waste.''.
(8) In paragraph (2)(B)(ii), by striking ``Administrator,
in coordination with the Secretary of Energy and the Secretary
of Agriculture,'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator,''.
(9) In paragraph (4)(E), by striking ``may not adjust'' and
inserting ``may adjust'' and by striking ``unless he
determines'' and inserting ``if they determine''.
(10) In paragraph (4)(G), by striking ``effective date of
such adjustment, revision, or change'' and inserting ``date of
enactment of the Energy Independence and Security Act of
2007''.
(11) In paragraphs (7)(A), (7)(B), (7)(E)(i), (7)(E)(ii),
and (7)(E)(iii), by striking ``Administrator, in consultation
with the Secretary of Energy and the Secretary of Agriculture''
and inserting ``Secretary of Agriculture, the Secretary of
Energy, and the Administrator''.
(12) In clauses (i) and (ii) by striking out ``a
determination by the Administrator'' and inserting ``their
determination''.
(13) In paragraph (7)(A), by striking ``Administrator on
his own'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator on their own''.
(14) In paragraphs (8)(A) and paragraph (9)(A)(ii)(I), by
striking ``the Secretary of Energy shall conduct for the
Administrator'' and inserting ``the Secretary of Agriculture
and the Secretary of Energy shall conduct''.
(15) In paragraph (8)(C), by striking ``the Secretary of
Energy shall make specific recommendations to the
Administrator'' and inserting ``the Secretary of Agriculture
and the Secretary of Energy shall make specific
recommendations''.
(16) In paragraph (8)(D)(i), by striking ``by the Secretary
of Energy''.
(17) In paragraph (9)(B)(ii), by striking ``Administrator,
in consultation with the Secretary of Energy,'' and inserting
``the Secretary of Agriculture, the Secretary of Energy, and
the Administrator''.
(18) In paragraph (10)(B), by striking ``Administrator''
and inserting ``President''. | Renewable Fuel Standard Improvement Act - Amends the Clean Air Act to: (1) include the Secretaries of Agriculture and Energy in renewable fuel program activities under such Act; (2) revise the definition of "lifecycle greenhouse gas emissions" to base the measurement of such emissions on recent observable data and consideration of regional differences of renewable fuel production, rather than on indirect land use changes; and (3) expand the definition of "renewable biomass." |
You are an expert at summarizing long articles. Proceed to summarize the following text:
of Disapproval.--
``(1) In general.--Except as provided in subsection (b)(2),
the debt limit shall not be increased under this section if,
within 15 calendar days after Congress receives the
certification described in subsection (a)(1) (regardless of
whether Congress is in session), there is enacted into law a
joint resolution disapproving the President's exercise of
authority with respect to such increase.
``(2) Contents of joint resolution.--For the purpose of
this section, the term `joint resolution' means only a joint
resolution--
``(A) that is introduced between the date a
certification described in subsection (a)(1) is
received and 3 calendar days after that date;
``(B) which does not have a preamble;
``(C) the title of which is only as follows: `Joint
resolution relating to the disapproval of the
President's exercise of authority to increase the debt
limit, as submitted under section 3101B of title 31,
United States Code, on ______' (with the blank
containing the date of such submission); and
``(D) the matter after the resolving clause of
which is only as follows: `That Congress disapproves of
the President's exercise of authority to increase the
debt limit, as exercised pursuant to the certification
submitted under section 3101B(a) of title 31, United
States Code, on ______.' (with the blank containing the
date of such submission).
``(d) Expedited Consideration in House of Representatives.--
``(1) Reconvening.--Upon receipt of a certification
described in subsection (a)(1), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the House
that, pursuant to this section, the House shall convene not
later than the second calendar day after receipt of such
certification.
``(2) Reporting and discharge.--Any committee of the House
of Representatives to which a joint resolution is referred
shall report it to the House without amendment not later than 5
calendar days after the date of introduction of the joint
resolution. If a committee fails to report the joint resolution
within that period, the committee shall be discharged from
further consideration of the joint resolution and the joint
resolution shall be referred to the appropriate calendar.
``(3) Proceeding to consideration.--After each committee
authorized to consider a joint resolution reports it to the
House or has been discharged from its consideration, it shall
be in order, not later than the sixth day after introduction of
the joint resolution, to move to proceed to consider the joint
resolution in the House. All points of order against the motion
are waived. Such a motion shall not be in order after the House
has disposed of a motion to proceed on a joint resolution
addressing a particular submission. The previous question shall
be considered as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable. A motion
to reconsider the vote by which the motion is disposed of shall
not be in order.
``(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except 2
hours of debate equally divided and controlled by the proponent
and an opponent. An amendment to the joint resolution or a
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(e) Expedited Procedure in Senate.--
``(1) Reconvening.--Upon receipt of a certification under
subsection (a)(1), if the Senate has adjourned or recessed for
more than 2 days, the majority leader of the Senate, after
consultation with the minority leader of the Senate, shall
notify the Members of the Senate that, pursuant to this
section, the Senate shall convene not later than the second
calendar day after receipt of such message.
``(2) Placement on calendar.--Upon introduction in the
Senate, a joint resolution shall be immediately placed on the
calendar.
``(3) Floor consideration.--
``(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the day after the
date on which Congress receives a certification under
subsection (a)(1) and ending on the sixth day after the
date of introduction of a joint resolution (even though
a previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
joint resolution, and all points of order against the
joint resolution (and against consideration of the
joint resolution) are waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the joint resolution shall
remain the unfinished business until disposed of.
``(B) Consideration.--Consideration of the joint
resolution, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the
majority and minority leaders or their designees. A
motion further to limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution
is not in order.
``(C) Vote on passage.--If the Senate has voted to
proceed to a joint resolution, the vote on passage of
the joint resolution shall occur immediately following
the conclusion of consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution
shall be decided without debate.
``(f) Amendment Not in Order.--A joint resolution of disapproval
considered pursuant to this section shall not be subject to amendment
in either the House of Representatives or the Senate.
``(g) Coordination With Action by Other House.--
``(1) In general.--If, before passing the joint resolution,
one House receives from the other a joint resolution--
``(A) the joint resolution of the other House shall
not be referred to a committee; and
``(B) the procedure in the receiving House shall be
the same as if no joint resolution had been received
from the other House, except that the vote on final
passage shall be on the joint resolution of the other
House.
``(2) Treatment of joint resolution of other house.--If the
Senate fails to introduce or consider a joint resolution under
this section, the joint resolution of the House shall be
entitled to expedited floor procedures under this section.
``(3) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the Senate
receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(4) Consideration after passage.--
``(A) In general.--If Congress passes a joint
resolution, the period beginning on the date the
President is presented with the joint resolution and
ending on the date the President signs, allows to
become law without his signature, or vetoes and returns
the joint resolution (but excluding days when either
House is not in session) shall be disregarded in
computing the calendar day period described in
subsection (b)(1) or subsection (c)(1).
``(B) Debate.--Debate on a veto message in the
Senate under this section shall be 1 hour equally
divided between the majority and minority leaders or
their designees.
``(5) Veto override.--If within the calendar day period
described in subsection (c)(1), Congress overrides a veto of a
joint resolution, except as provided in subsection (b)(2), the
limit on debt provided in section 3101(b) shall not be raised
under this section.
``(h) Rules of House of Representatives and Senate.--This
subsection and subsections (c), (d), (e), (f), and (g) are enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Conforming Amendment.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3101A the following:
``3101B. Additional Presidential modification of the debt ceiling.''. | Pay Our Bills Act - Authorizes an extension of the presidential authority to modify the public debt ceiling (subject to enactment of a congressional joint resolution of disapproval). Authorizes the Secretary of the Treasury to borrow an additional amount required to meet existing commitments if the President certifies to Congress that the public debt is within $100 billion of the current limit and that further borrowing is required. (The debt limit was $16.699 trillion before its suspension in the Continuing Appropriations Act, FY2014 [P.L. 113-46].) Authorizes Congress to use current requirements for expedited consideration of the joint resolution. Increases the debt limit by the certified amount if the time for disaproval has lapsed without enactment of the joint resolution. Suspends the debt limit for the period beginning on the date on which the President submits such a certification to Congress and ending on the earlier of: 15 calendar days after Congress receives the certification, or enactment of a joint resolution disapproving the President's exercise of authority for the debt limit under that certification. Increases the debt limit, effective on the day after the certification is submitted, to the extent that: the face amount of public debt obligations and those whose principal and interest are guaranteed by the U.S. government (except guaranteed obligations held by the Secretary) outstanding on the day after such date exceeds the face amount of such obligations outstanding on the date the President certifies Congress. Excludes from such formula any obligation whose issuance was not necessary to fund a commitment that required payment before the day after the certification is submitted to Congress. Prohibits the debt limit from being increased if a joint resolution of disapproval is enacted within 15 days after receipt by Congress (in session or not) of a presidential certification that the public debt is within $100 billion of the current limit. Provides for expedited consideration of such a joint resolution in the House and Senate. |
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 ``Rural Housing Tax Credit Act of
2005''.
SEC. 2. CREDIT FOR PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL
HOMEBUYERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following:
``SEC. 25C. PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL
HOMEBUYERS.
``(a) Allowance of Credit.--In the case of an individual who is a
first-time homebuyer of a principal residence in a rural area during
any taxable year, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the
lesser of--
``(1) 10 percent of the purchase price of the residence, or
``(2) $5,000.
``(b) Limitations.--
``(1) Limitation based on adjusted gross income.--
``(A) In general.--The amount allowed as a credit
under subsection (a) for any taxable year shall be
reduced (but not below zero) by the amount which bears
the same ratio to such amount as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $30,000 ($60,000 in the case
of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(B) Modified adjusted gross income.--For purposes
of subparagraph (A), the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year increased by any amount excluded
from gross income under section 911, 931, or 933.
``(2) Limitation based on amount of tax.--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
subpart (other than this section) and section 27 for
the taxable year.
``(3) Married individuals filing jointly.--In the case of a
husband and wife who file a joint return, the credit under this
section is allowable only if the residence is a qualified
residence with respect to both the husband and wife, and the
amount specified under subsection (a)(2) shall apply to the
joint return.
``(4) Married individuals filing separately.--In the case
of a married individual filing a separate return, subsection
(a)(2) shall be applied by substituting `$2,500' for `$5,000'.
``(5) Other taxpayers.--If 2 or more individuals who are
not married purchase a qualified residence, the amount of the
credit allowed under subsection (a) shall be allocated among
such individuals in such manner as the Secretary may prescribe,
except that the total amount of the credits allowed to all such
individuals shall not exceed $5,000.
``(c) Definitions.--For purposes of this section--
``(1) Rural area.--The term `rural area' has the meaning
given such term by section 520 of the Housing Act of 1949.
``(2) First-time homebuyer.--The term `first-time
homebuyer' has the meaning given such term by section
72(t)(8)(D)(i).
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(4) Purchase and purchase price.--The terms `purchase'
and `purchase price' have the meanings provided by section
1400C(e).
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) for any taxable year exceeds the limitation imposed by
subsection (b)(2) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section), such
excess shall be carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such taxable year.
``(e) Reporting.--If the Secretary requires information reporting
under section 6045 by a person described in subsection (e)(2) thereof
to verify the eligibility of taxpayers for the credit allowable by this
section, the exception provided by section 6045(e)(5) shall not apply.
``(f) Recapture of Credit in Case of Certain Sales.--
``(1) In general.--Except as provided in paragraph (5), if
the taxpayer--
``(A) fails to use a qualified residence as the
principal residence of the taxpayer, or
``(B) disposes of a qualified residence,
with respect to the purchase of which a credit was allowed
under subsection (a) at any time within 5 years after the date
the taxpayer acquired the property, then the tax imposed under
this chapter for the taxable year in which the disposition
occurs is increased by the credit recapture amount.
``(2) Credit recapture amount.--For purposes of paragraph
(1), the credit recapture amount is an amount equal to the sum
of--
``(A) the applicable recapture percentage of the
amount of the credit allowed to the taxpayer under this
section, plus
``(B) interest at the overpayment rate established
under section 6621 on the amount determined under
subparagraph (A) for each prior taxable year for the
period beginning on the due date for filing the return
for the prior taxable year involved.
No deduction shall be allowed under this chapter for interest
described in subparagraph (B).
``(3) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
The applicable
recapture
``If the sale occurs in:
percentage is:
Year 1............................... 100
Year 2............................... 80
Year 3............................... 60
Year 4............................... 40
Year 5............................... 20
Years 6 and thereafter............... 0.
``(B) Years.--For purposes of subparagraph (A),
year 1 shall begin on the first day of the taxable year
in which the purchase of the qualified residence
described in subsection (a) occurs.
``(4) No credits against tax.--Any increase in tax under
this subsection shall not be treated as a tax imposed by this
chapter for purposes of determining the amount of any credit
under this chapter or for purposes of section 55.
``(5) Death of owner; casualty loss; involuntary
conversion; etc.--The provisions of paragraph (1) do not apply
to--
``(A) a disposition of a qualified residence made
on account of the death of any individual having a
legal or equitable interest therein occurring during
the 5-year period to which reference is made under
paragraph (1),
``(B) a disposition of the old qualified residence
if it is substantially or completely destroyed by a
casualty described in section 165(c)(3) or compulsorily
or involuntarily converted (within the meaning of
section 1033(a)), or
``(C) a disposition pursuant to a settlement in a
divorce or legal separation proceeding where the
qualified residence is sold or the other spouse retains
such residence.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.''.
(b) Conforming Amendments.--
(1) 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 (30), by striking the
period at the end of paragraph (31) and inserting ``, and'',
and by adding at the end the following new paragraph:
``(32) in the case of a residence with respect to which a
credit was allowed under section 25C, to the extent provided in
section 25C(g).''.
(2) Section 23(b)(4)(B) of such Code is amended by
inserting ``and section 25C'' after ``this section''.
(3) Section 24(b)(3)(B) of such Code is amended by striking
``23 and 25B'' and inserting ``23, 25B, and 25C''.
(4) Section 25(e)(1)(C) of such Code is amended by
inserting ``25C'' after ``25B''.
(5) Section 25B of such Code is amended by striking
``section 23'' and inserting ``sections 23 and 25C''.
(6) Section 26(a)(1) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25C''.
(7) Section 904(i) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25C''.
(8) Section 1400C(d) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25C''.
(9) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
before the item relating to section 26 the following:
``Sec. 25C. Purchase of principal residences by first-time rural
homebuyers.''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b)(9) shall apply to purchases after the date of the enactment
of this Act, in taxable years ending after such date.
(2) Subsection (b).--
(A) The amendments made by subsection (b) (other
than paragraph (9) thereof) shall apply to taxable
years beginning after December 31, 2005.
(B) In the case of taxable years beginning before
January 1, 2006, for purposes of applying the
provisions of subpart A of part IV of subchapter A of
chapter 1 of such Code relating to limitations based on
amount of tax and carryovers of credit and of section
904(i)--
(i) section 25C(b)(2) of such Code, as
added by subsection (a), shall not apply, and
(ii) section 25C of such Code (as so added)
shall be stacked after section 23 of such Code. | Rural Housing Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a nonrefundable tax credit (the lesser of ten percent of the purchase price or $5,000) for the purchase of a principal residence in a rural area by a first-time homebuyer. Limits the amount of such credit based on taxpayer modified adjusted gross income.
Requires the recapture of credit amounts if a taxpayer fails to use a residence for which a tax credit is allowed as a principal residence or sells such residence within five years of purchase. |
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 ``Comprehensive Child Welfare Services
Reform Act of 1993''.
SEC. 2. ESTABLISHMENT OF COMPREHENSIVE CHILD WELFARE SERVICES PROGRAM.
(a) In General.--Title IV of the Social Security Act (42 U.S.C. 601
et seq.) is amended--
(1) in part F, by redesignating sections 481 through 487
(42 U.S.C. 681-687) as sections 491 through 497, respectively;
(2) by striking the heading for part E and inserting the
following:
``PART E--FOSTER CARE, ADOPTION ASSISTANCE, AND COMPREHENSIVE CHILD
WELFARE SERVICES.
``Subpart 1--Foster Care and Adoption Assistance'';
(3) in section 474(a) (42 U.S.C. 674(a)), by striking
paragraph (3), and redesignating paragraph (4) as paragraph
(3); and
(4) by adding at the end of part E the following:
``Subpart 2--Comprehensive Child Welfare Services
``SEC. 480. PURPOSE; APPROPRIATION.
``For the purposes of assisting each State to meet the needs of
children (including children ineligible for assistance under the
programs under subpart 1) for comprehensive child welfare services, and
enabling each State to administer its programs under subpart 1, there
are authorized to be appropriated--
``(1) $1,328,000,000 for fiscal year 1994;
``(2) $1,449,000,000 for fiscal year 1995;
``(3) $1,585,000,000 for fiscal year 1996;
``(4) $1,734,000,000 for fiscal year 1997; and
``(5) $1,892,000,000 for fiscal year 1998.
``SEC. 481. RESERVATION OF FUNDS FOR SECRETARY; ALLOTMENTS TO STATES;
REALLOTMENTS.
``(a) Reservation of Funds.--1 percent of the amount appropriated
pursuant to section 480 for each fiscal year shall be reserved to the
Secretary for expenditure in accordance with section 484.
``(b) Allotments.--The allotment for each State for each of fiscal
years 1994 through 1998 shall be an amount which bears the same ratio
to 99 percent of the amount authorized to be appropriated under section
480 for the fiscal year as the total payment to which the State is
entitled under section 474(a)(3) for fiscal year 1992 bears to the
total amount to which all States are entitled under such section for
the fiscal year (as determined on the basis of claims submitted by the
State and received by the Secretary on or before March 31, 1993, and
found by the Secretary to be allowable on or before July 31, 1993).
``(c) Reallotment.--The amount of any allotment to a State under
subsection (b) for any fiscal year which the State certifies to the
Secretary will not be used by the State to carry out the State plan
under section 482 shall be available for reallotment from time to time,
on such dates as the Secretary may fix, to other States which the
Secretary determines will be able to use such excess amounts during
such fiscal year, in addition to amounts already allotted or reallotted
to such other States, under the State plans under such section. The
amount reallotted to each State eligible for reallotted funds shall
bear the same ratio to the amount available for reallotment as the
State's allotment under subsection (b) bears to the total amount
allotted to all States so eligible.
``SEC. 482. STATE PLAN FOR COMPREHENSIVE CHILD WELFARE SERVICES.
``In order to be eligible for payments under this subpart for a
fiscal year, a State shall publish in the State and furnish to the
Secretary a plan of the State for expenditure of funds under this
subpart. The plan shall provide that--
``(1) expenditures will be made under the plan only for--
``(A) provision of child welfare services (as
defined in section 425) in accordance with section
422(b), other than foster care maintenance payments and
adoption assistance payments, but including
nonrecurring adoption expenses (as defined in section
473(a)(6)); and
``(B) administration of the programs of the State
under subpart 1 (including training of current or
prospective State or local agency personnel, and of
foster care and adoptive parents, related to
administration of such program); and
``(2) the State share of expenditures under this subpart
shall be an amount not less than the amount of the State share
of expenditures for which payment was made under section
474(a)(3) for fiscal year 1993.
``SEC. 483. PAYMENTS TO STATES.
``Each State shall be entitled to a payment for each fiscal year in
an amount equal to the lesser of--
``(1) the allotment of the State under this subpart for the
fiscal year; or
``(2) 75 percent of amounts (other than amounts for which
the State receives payment under part B) expended in the fiscal
year in accordance with the State plan under section 482.
``SEC. 484. SECRETARY'S DISCRETIONARY ACTIVITIES.
``The Secretary shall use the amounts reserved under section 481(a)
to provide, through grants to or contracts with public or private
entities, for--
``(1) technical assistance and training for State and local
public and private agencies to enable them to improve their
administration of the program under subpart 1, including--
``(A) States or cities with large numbers of
children at risk of foster care placement, or with
substantial deficiencies in program operation; and
``(B) State agencies in greatest need of assistance
in meeting the requirements of section 479 or other
Federal data collection requirements;
``(2) evaluation of State programs under this part and part
B; and
``(3) demonstrations designed to--
``(A) develop or identify more effective programs
to support and strengthen families;
``(B) improve child protective, foster care, and
adoption assistance services; and
``(C) reduce burdens on caseworkers.''.
(b) Coordination With Other Programs Providing Services to Children
and Families.--Section 422(b)(2) of such Act (42 U.S.C. 622(b)(2)) is
amended by striking ``under part E'' and inserting ``under subpart 1,
and the State plan published under subpart 2, of part E''.
(c) Elimination of Conditional Part E of Title IV Ceiling and
Authority to Transfer Funds to Part B of Title IV.--Section 474 of such
Act (42 U.S.C. 674) is amended--
(1) by striking subsections (b) and (c), and redesignating
subsection (d) as subsection (b); and
(2) in subsection (b), as so redesignated--
(A) by striking ``subsections (a), (b), and (c)''
and inserting ``subsection (a)'';
(B) by striking ``such estimates'' and inserting
``such estimate''; and
(C) by striking ``such subsections'' and inserting
``such subsection''.
(d) Conforming Amendments.--(1) Part E of title IV of such Act (42
U.S.C. 470-479) is amended by striking ``this part'' each place such
term appears and inserting ``this subpart''.
(2) Section 403(a)(3)(D) of such Act (42 U.S.C. 603(a)(3)(D)) is
amended by striking ``486(a)'' and inserting ``496(a)''.
(3) Section 403(l)(1)(A) of such Act (42 U.S.C. 603(l)(1)(A)) is
amended--
(A) by striking ``482(a)'' and inserting ``492(a)''; and
(B) by striking ``482(i)(2)'' and inserting ``492(i)(2)''.
(4) Section 403(l)(4)(A)(i) of such Act (42 U.S.C. 603(l)(4)(A)(i))
is amended by striking ``482(d)(1)'' and inserting ``492(d)(1)''.
(5) Section 403(l)(4)(A)(ii) of such Act (42 U.S.C.
603(l)(4)(A)(ii)) by striking ``482'' and inserting ``492''.
(6) Section 473(a)(6) of such Act (42 U.S.C. 673(a)(6)) is
amended--
(A) by striking ``(6)(A)'' and inserting ``(6)''; and
(B) by striking subparagraph (B).
(7) Section 477(e)(3) of such Act (42 U.S.C. 677(e)(3)) is amended
by striking ``(a)(1), (a)(2), and (a)(3)'' and inserting ``(a)(1) and
(a)(2)''.
(8) Section 492(e)(2)(B) of such Act, as so redesignated by
subsection (a) of this section, is amended by striking ``484'' and
inserting ``494''.
(9) Section 492(f) of such Act, as so redesignated by subsection
(a) of this section, is amended by striking ``section 482(a)(1)'' and
inserting ``subsection (a)(1)''.
(10) Section 493(a)(1) of such Act, as so redesignated by
subsection (a) of this section, is amended by striking ``482(a)(1)''
and inserting ``492(a)(1)''.
(11) Section 494(c) of such Act, as so redesignated by subsection
(a) of this section, is amended by striking ``482(e)'' and inserting
``492(e)''.
(12) Section 494(d)(2) of such Act, as so redesignated by
subsection (a) of this section, is amended by striking ``482(f)'' and
inserting ``492(f)''.
(13) Section 495(c) of such Act, as so redesignated by subsection
(a) of this section, is amended by striking ``482(a)(1)'' and inserting
``492(a)(1)''.
(14) Section 497(a)(1) of such Act, as so redesignated by
subsection (a) of this section, is amended by striking ``486'' and
inserting ``496''.
(15) Section 1902(a)(10)(A)(i)(I) of such Act (42 U.S.C.
1396a(a)(10)(A)(i)(I)) is amended by striking ``482(e)(6)'' and
inserting ``492(e)(6)''.
(16) Section 1928(a)(1)(D) of such Act (42 U.S.C. 1396s(a)(1)(D))
is amended by striking ``482(e)(6)'' and inserting ``492(e)(6)''.
(17) Any other reference in law or regulation, as of the effective
date of this Act, to section 481, 482, 483, 484, 485, 486, or 487 of
the Social Security Act shall be considered to be a reference to
section 491, 492, 493, 494, 495, 496, or 497 of such Act, respectively.
SEC. 3. SECTION 1115 DEMONSTRATION WAIVERS.
Section 1115(a) of the Social Security Act (42 U.S.C. 1315(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``part A or D'' and inserting ``part A, B, D, or E'';
(2) in paragraph (1), by striking ``454,'' and inserting
``422, 454, 471, 472, 473,''; and
(3) in paragraph (2), by striking ``455,'' and inserting
``423, 455, 474,''.
SEC. 4. RECOVERY OF TRAINING COSTS.
(a) Under Part E of Title IV.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding at the end the following:
``(18) provide that the State agency--
``(A) will require each individual who receives, at
an institution of higher education, education or
training in child welfare or a related field supported
by funds from the State agency under this part or part
B to enter into a written agreement either--
``(i) to work, after the completion of such
education or training, for the State agency or
another public child welfare agency, or for a
private child welfare agency operating under a
contract with a public child welfare agency,
for a period not less in duration than the
period of such education or training; or
``(ii) to repay to the State agency the
full amount expended by it for such education
or training for the individual;
``(B) will enforce compliance with such agreements;
and
``(C) will repay to the Secretary the Federal share
of amounts recovered in accordance with this
requirement, to the extent that such amounts exceed
amounts necessary to reimburse the State agency for
costs reasonably incurred to obtain recovery.''.
(b) Under Section 426.--Section 426 of such Act (42 U.S.C. 626) is
amended--
(1) in subsection (a)(1)(C), by inserting ``subject to
subsection (d),'' after ``(c)''; and
(2) by adding at the end the following:
``(d) As a condition of eligibility for grants under subsection
(a)(1)(C), a public or other nonprofit institution of higher learning
shall undertake--
``(1) to require each individual who receives education or
training in child welfare or a related field supported by a
stipend or other financial assistance under this section to
enter into a written agreement either--
``(A) to work, after the completion of such
education or training, for a public child welfare
agency, or for a private child welfare agency operating
under a contract with a public child welfare agency,
for a period not less in duration than the period of
such education or training, or
``(B) to repay to the institution the full amount
of such stipend or other assistance;
``(2) to enforce compliance with such agreements; and
``(3) to repay to the Secretary amounts recovered in
accordance with this requirement, to the extent that such
amounts exceed amounts necessary to reimburse the institution
for costs reasonably incurred to obtain recovery.''.
SEC. 5. EXTENSION OF THE INDEPENDENT LIVING PROGRAM.
Section 477 of the Social Security Act (42 U.S.C. 677) is amended--
(1) in subsection (a)(1), by striking the last sentence;
(2) in subsection (c), by striking ``In the case of'' and
all that follows through ``1992, such'' and inserting ``Such'';
(3) in subsection (e)(1)(A), by striking ``of the fiscal
years 1987 through 1992'' and inserting ``fiscal year'';
(4) in subsection (e)(1)(B), by striking ``fiscal years
1991 and 1992'' and inserting ``each fiscal year'';
(5) by amending subsection (e)(1)(C) to read as follows:
``(C) As used in this section:
``(i) The term `basic ceiling' means
$45,000,000.
``(ii) The term `additional ceiling' means
$25,000,000.'';
(6) in subsection (f), by striking the last sentence; and
(7) in subsection (g)--
(A) by striking ``(g)(1)'' and inserting ``(g)'';
and
(B) by striking paragraphs (2) and (3).
SEC. 6. ACCUMULATION OF ASSETS BY OLDER CHILDREN RECEIVING FOSTER CARE
MAINTENANCE PAYMENTS.
Section 472 of the Social Security Act (42 U.S.C. 672) is amended
by adding at the end the following:
``(i) In determining the eligibility of an individual who has
attained age 16 for foster care maintenance payments under this
subpart, the State agency shall disregard from the resources of the
individual an amount of funds not exceeding an amount the agency
determines to be reasonable for the purpose of achieving self-
sufficiency.''.
SEC. 7. REPEAL OF ANNUAL REPORT ON VOLUNTARY PLACEMENT.
Section 102(e) of the Adoption Assistance and Child Welfare Act of
1980 (Public Law 96-272; 42 U.S.C. 672 note) is repealed.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall become effective with respect
to fiscal years beginning on or after October 1, 1993. | Comprehensive Child Welfare Services Reform Act of 1993 - Amends title IV of the Social Security Act (SSA) to establish a new comprehensive child welfare services program under part E (Foster Care and Adoption Assistance). Authorizes appropriations.
Amends SSA title IV part B (Child-Welfare Services) to provide for coordination with other programs providing services to children and families.
Amends SSA title XI to revise demonstration waiver provisions.
Amends SSA title IV parts B and E to provide for recovery of training costs.
Amends SSA title IV part E to make permanent the independent living program and to maintain basic and additional ceiling amounts at the latter amounts authorized under current law. Provides that in determining the eligibility of an individual aged 16 for foster care maintenance payments under such part, the State agency shall disregard from the resources of the individual an amount not exceeding what the agency determines to be reasonable for the purpose of achieving self-sufficiency.
Amends the Adoption Assistance and Child Welfare Act of 1980 to repeal provisions respecting the annual report on voluntary placement. |
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 ``Blue Ridge National Heritage Area
Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Blue Ridge Mountains and the extensive cultural and
natural resources of the Blue Ridge Mountains have played a
significant role in the history of the United States and the
State of North Carolina;
(2) archaeological evidence indicates that the Blue Ridge
Mountains have been inhabited by humans since the last retreat
of the glaciers, with the Native Americans living in the area
at the time of European discovery being primarily of Cherokee
descent;
(3) the Blue Ridge Mountains of western North Carolina,
including the Great Smoky Mountains, played a unique and
significant role in the establishment and development of the
culture of the United States through several distinct legacies,
including--
(A) the craft heritage that--
(i) was first influenced by the Cherokee
Indians;
(ii) was the origin of--
(I) the traditional craft movement
starting in 1900; and
(II) the contemporary craft
movement starting in the 1940's; and
(iii) is carried out by over 4,000
craftspeople in the Blue Ridge Mountains of
western North Carolina, the third largest
concentration of such people in the United
States;
(B) a musical heritage comprised of distinctive
instrumental and vocal traditions that--
(i) includes stringband music, bluegrass,
ballad singing, blues, and sacred music;
(ii) has received national recognition; and
(iii) has made the region 1 of the richest
repositories of traditional music and folklife
in the United States;
(C) the Cherokee heritage--
(i) dating back thousands of years; and
(ii) offering--
(I) nationally significant cultural
traditions practiced by the Eastern
Band of Cherokee Indians;
(II) authentic tradition bearers;
(III) historic sites; and
(IV) historically important
collections of Cherokee artifacts; and
(D) the agricultural heritage established by the
Cherokee Indians, including medicinal and ceremonial
food crops, combined with the historic European
patterns of raising livestock, culminating in the
largest number of specialty crop farms in North
Carolina;
(4) the artifacts and structures associated with those
legacies are unusually well-preserved;
(5) the Blue Ridge Mountains are recognized as having 1 of
the richest collections of historical resources in North
America;
(6) the history and cultural heritage of the Blue Ridge
Mountains are shared with the States of Virginia, Tennessee,
and Georgia;
(7) there are significant cultural, economic, and
educational benefits in celebrating and promoting this mutual
heritage;
(8) according to the 2002 reports entitled ``The Blue Ridge
Heritage and Cultural Partnership'' and ``Western North
Carolina National Heritage Area Feasibility Study and Plan'',
the Blue Ridge Mountains contain numerous resources that are of
outstanding importance to the history of the United States; and
(9) it is in the interest of the United States to preserve
and interpret the cultural and historical resources of the Blue
Ridge Mountains for the education and benefit of present and
future generations.
(b) Purpose.--The purpose of this Act is to foster a close working
relationship with, and to assist, all levels of government, the private
sector, and local communities in the State in managing, preserving,
protecting, and interpreting the cultural, historical, and natural
resources of the Heritage Area while continuing to develop economic
opportunities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Blue Ridge National Heritage Area established by section 4(a).
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
section 4(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area approved under
section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of North
Carolina.
SEC. 4. BLUE RIDGE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Blue Ridge National
Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall consist of the counties of
Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay,
Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison,
Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga,
Wilkes, Yadkin, and Yancey in the State.
(c) Management Entity.--
(1) In general.--As a condition of the receipt of funds
made available under section 9(a), the Blue Ridge National
Heritage Area Partnership shall be the management entity for
the Heritage Area.
(2) Board of directors.--The management entity shall be
governed by a board of directors composed of 9 members, of
whom--
(A) 2 members shall be appointed by AdvantageWest;
(B) 2 members shall be appointed by HandMade In
America, Inc.;
(C) 1 member shall be appointed by the Education
and Research Consortium of Western North Carolina;
(D) 1 member shall be appointed by the Eastern Band
of the Cherokee Indians; and
(E) 3 members shall--
(i) be appointed by the Governor of the
State;
(ii) reside in geographically diverse
regions of the Heritage Area;
(iii) be a representative of State or local
governments or the private sector; and
(iv) have knowledge of tourism, economic
and community development, regional planning,
historic preservation, cultural or natural
resources development, regional planning,
conservation, recreational services, education,
or museum services.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall submit to the Secretary for
approval a management plan for the Heritage Area.
(b) Consideration of Other Plans and Actions.--In developing the
management plan, the management entity shall--
(1) for the purpose of presenting a unified preservation
and interpretation plan, take into consideration Federal,
State, and local plans; and
(2) provide for the participation of residents, public
agencies, and private organizations in the Heritage Area.
(c) Contents.--The management plan shall--
(1) present comprehensive recommendations and strategies
for the conservation, funding, management, and development of
the Heritage Area;
(2) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(3) include--
(A) an inventory of the cultural, historical,
natural, and recreational resources of the Heritage
Area, including a list of property that--
(i) relates to the purposes of the Heritage
Area; and
(ii) should be conserved, restored,
managed, developed, or maintained because of
the significance of the property;
(B) a program of strategies and actions for the
implementation of the management plan that identifies
the roles of agencies and organizations that are
involved in the implementation of the management plan;
(C) an interpretive and educational plan for the
Heritage Area;
(D) a recommendation of policies for resource
management and protection that develop
intergovernmental cooperative agreements to manage and
protect the cultural, historical, natural, and
recreational resources of the Heritage Area; and
(E) an analysis of ways in which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act.
(d) Effect of Failure To Submit.--If a management plan is not
submitted to the Secretary by the date described in subsection (a), the
Secretary shall not provide any additional funding under this Act until
a management plan is submitted to the Secretary.
(e) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (a), the Secretary
shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether the
management plan--
(A) has strong local support from landowners,
business interests, nonprofit organizations, and
governments in the Heritage Area; and
(B) has a high potential for effective partnership
mechanisms.
(3) Action following disapproval.--If the Secretary
disapproves a management plan under subsection (e)(1), the
Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) allow the management entity to submit to the
Secretary revisions to the management plan.
(4) Deadline for approval of revision.--Not later than 60
days after the date on which a revision is submitted under
paragraph (3)(C), the Secretary shall approve or disapprove the
proposed revision.
(f) Amendment of Approved Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval, the recommendation of the management entity
for any amendments to the management plan.
(2) Use of funds.--No funds made available under section
9(a) shall be used to implement any amendment proposed by the
management entity under paragraph (1)(B) until the Secretary
approves the amendment.
SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For the purposes of developing and implementing
the management plan, the management entity may use funds made available
under section 9(a) to--
(1) make loans and grants to, and enter into cooperative
agreements with, the State (including a political subdivision),
nonprofit organizations, or persons;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--In addition to developing the management plan, the
management entity shall--
(1) develop and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups in
the Heritage Area;
(2) conduct public meetings in the Heritage Area at least
semiannually on the development and implementation of the
management plan;
(3) give priority to the implementation of actions, goals,
and strategies in the management plan, including providing
assistance to units of government, nonprofit organizations, and
persons in--
(A) carrying out the programs that protect
resources in the Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area; and
(E) increasing public awareness of and appreciation
for the cultural, historical, and natural resources of
the Heritage Area; and
(4) for any fiscal year for which Federal funds are
received under section 9(a)--
(A) submit to the Secretary a report that
describes, for the fiscal year--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which a grant was
made;
(B) make available for audit by Congress, the
Secretary, and appropriate units of government, all
records relating to the expenditure of funds and any
matching funds; and
(C) require, for all agreements authorizing
expenditure of Federal funds by any entity, that the
receiving entity make available for audit all records
relating to the expenditure of funds.
(c) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds received under section
9(a) to acquire real property or an interest in real property.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--The Secretary may provide to the management entity
technical assistance and, subject to the availability of
appropriations, financial assistance, for use in developing and
implementing the management plan.
(b) Priority for Assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions that
facilitate--
(1) the preservation of the significant cultural,
historical, natural, and recreational resources of the Heritage
Area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources of the Heritage Area.
SEC. 8. LAND USE REGULATION.
(a) In General.--Nothing in this Act--
(1) grants any power of zoning or land use to the
management entity; or
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or any State or local government to regulate
any use of land under any law (including regulations).
(b) Private Property.--Nothing in this Act--
(1) abridges the rights of any person with respect to
private property;
(2) affects the authority of the State or local government
with respect to private property; or
(3) imposes any additional burden on any property owner.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 shall be
made available for any fiscal year.
(b) Non-Federal Share.--The non-Federal share of the cost of any
activities carried out using Federal funds made available under
subsection (a) shall be not less than 50 percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act. | Blue Ridge National Heritage Area Act of 2003 - Establishes the Blue Ridge National Heritage Area in North Carolina and designates the Blue Ridge National Heritage Area Partnership as its management entity.Directs the Partnership to submit for approval by the Secretary of the Interior a management plan, which shall contain recommendations and strategies for the conservation, funding, management, and development of the Area.Prohibits the Partnership from using Federal funds to acquire real property.Authorizes the Secretary to provide technical assistance and financial assistance to the Partnership for developing and implementing the management plan. |
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 ``Maritime Disaster Family Assistance
Act of 2001''.
SEC. 2. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN MARITIME
DISASTERS.
(a) In General.--Chapter 63 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 6309. Assistance to families of passengers involved in maritime
disasters
``(a) In General.--As soon as practicable after being notified of a
maritime disaster within the United States involving a covered vessel
operator that results in the death or disappearance of 2 or more
individuals, the Secretary shall--
``(1) designate and publicize the name and phone number of
an employee of the Coast Guard as a director of family support
services, who shall be responsible for acting as a point of
contact within the Federal Government for the families of
passengers involved in the disaster and as a liaison between
the covered vessel operator and the families; and
``(2) designate an independent nonprofit organization, with
experience in disasters and post-trauma communication with
families, that shall have primary responsibility for
coordinating the emotional care and support of the families of
passengers involved in the disaster.
``(b) Responsibilities of the Secretary.--The Secretary shall have
primary Federal responsibility for--
``(1) investigating the circumstances surrounding a
maritime disaster and, in the case of a disappearance of a
covered vessel, searching for such vessel until it is located
or until the Secretary determines that the search is no longer
appropriate;
``(2) facilitating the recovery and identification of
fatally injured passengers involved in a maritime disaster
described in subsection (a);
``(3) communicating with the families of passengers
involved in the disaster regarding the roles of--
``(A) the organization designated for the disaster
under subsection (a)(2);
``(B) Government agencies; and
``(C) the covered vessel operator involved,
with respect to the disaster and the post-disaster activities;
and
``(4) working with other governmental agencies and other
resources, where appropriate, to assist in facilitating the
search for and recovery of any missing vessel.
``(c) Responsibilities of Designated Organization.--The
organization designated for a maritime disaster under subsection (a)(2)
shall have the following responsibilities with respect to the families
of passengers involved in the disaster:
``(1) To provide mental health and counseling services, in
coordination with the disaster response team of the covered
vessel operator involved.
``(2) To take such actions as may be necessary to provide
an environment in which the families may grieve in private.
``(3) To meet with the families who have traveled to the
location of the disaster, to contact the families unable to
travel to such location, and to contact all affected families
regularly thereafter until such time as the organization, in
consultation with the director of family support services
designated for the accident under subsection (a)(1), determines
that further assistance is no longer needed.
``(4) To arrange a suitable memorial service, in
consultation with the families.
``(d) Passenger Lists.--
``(1) Requests for passenger lists.--
``(A) Requests by director of family support
services.--The director of family support services
designated for a maritime disaster under subsection
(a)(1) shall request, as soon as practicable, from the
covered vessel operator involved in the disaster a
list, based on the best available information at the
time of the request, of the names of the passengers
that were aboard the vessel involved in the disaster.
``(B) Requests by designated organization.--The
organization designated under subsection (a)(2) for a
disaster may request from the covered vessel operator
involved in the disaster a list described in
subparagraph (A).
``(2) Use of information.--The director of family support
services and the organization may not release to any person
information on a list obtained under paragraph (1), except that
the director may provide information on the list about a
passenger to the family of the passenger to the extent that the
director of family support services or the organization
considers appropriate.
``(e) Continuing Responsibilities of the Secretary.--In the course
of its investigation of a maritime disaster described in subsection
(a), the Secretary shall, to the maximum extent practicable, ensure
that the families of passengers involved in the disaster--
``(1) are briefed, prior to any public briefing, about the
disaster and any other findings from the investigation; and
``(2) are individually informed of and allowed to attend
any public hearings and meetings of the Secretary about the
disaster.
``(f) Use of Covered Vessel Operator Resources.--To the extent
practicable, the organization designated for a maritime disaster under
subsection (a)(2) shall coordinate its activities with the covered
vessel operator involved in the disaster to facilitate the reasonable
use of the resources of the operator.
``(g) Prohibited Actions.--
``(1) Actions to impede the secretary.--No person
(including a State or political subdivision) may impede the
ability of the Secretary (including the director of family
support services designated for a maritime disaster under
subsection (a)(1)), or an organization designated for a
maritime disaster under subsection (a)(2), to carry out its
responsibilities under this section or the ability of the
families of passengers involved in the disaster to have contact
with one another.
``(2) Unsolicited communications.--No unsolicited
communication concerning a potential action for personal injury
or wrongful death may be made by an attorney (including any
associate, agent, employee, or other representative of an
attorney) or any potential party to the litigation to an
individual (other than an employee of the covered vessel
operator) injured in the maritime disaster, or to a relative of
an individual involved in the disaster, before the 45th day
following the date of the disaster.
``(3) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision may
prevent the employees, agents, or volunteers of an organization
designated for a maritime disaster under subsection (a)(2) from
providing mental health and counseling services under
subsection (c)(1) in the 30-day period beginning on the date of
the disaster. The director of family support services
designated for the disaster under subsection (a)(1) may extend
such period for not to exceed an additional 30 days if the
director determines that the extension is necessary to meet the
needs of the families and if State and local authorities are
notified of the determination.
``(h) Definitions.--In this section:
``(1) Maritime disaster.--The term `maritime disaster'
means any loss of, or collision involving--
``(A) a passenger vessel or small passenger vessel
providing interstate transportation of 2 or more
passengers, regardless of its cause or suspected cause;
or
``(B) a fishing vessel carrying 2 or more
individuals.
``(2) Covered vessel operator.--The term `covered vessel
operator' means the operator of--
``(A) a passenger vessel or small passenger vessel
providing interstate transportation of passengers on
such vessel; or
``(B) a fishing vessel.
``(3) Passenger.--Notwithstanding section 2101(21) of this
title, the term `passenger' includes--
``(A) an employee of a person who is a covered
vessel operator aboard a vessel operated by such
person, including a crew member on a fishing vessel;
``(B) any other person aboard the vessel, without
regard to whether the person paid for the
transportation, occupied a seat, or held a reservation
for transportation on the vessel; and
``(C) any other person injured or killed in the
maritime disaster.
``(4) Secretary.--Notwithstanding section 2101(34) of this
title, the term `Secretary' means--
``(A) except as provided in subparagraph (B), the
head of the department in which the Coast Guard is
operating, acting through the Coast Guard; or
``(B) the National Transportation Safety Board, in
the case of a maritime disaster in which primary
responsibility for investigation of the disaster is
vested in such board.
``(i) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a covered vessel
operator may take, or the obligations that a covered vessel operator
may have, in providing assistance to the families of passengers
involved in a maritime disaster.''.
(b) Conforming Amendments.--
(1) The heading for such chapter is amended by inserting
``and responding to'' after ``investigating''.
(2) The table of sections for such chapter is amended by
adding at the end the following:
``6309. Assistance to families of passengers involved in maritime
disasters.''.
(3) The analysis for subtitle II of title 46, United States
Code, is amended in the item relating to chapter 63 by
inserting ``and responding to'' after ``Investigating''. | Maritime Disaster Family Assistance Act of 2001 - Amends Federal maritime law to direct the Secretary (of the department in which the Coast Guard is operating, or the National Transportation Safety Board in certain instances), whenever notified of a maritime disaster within the United States involving a passenger vessel or fishing vessel operator that results in the death or disappearance of two or more individuals, to: (1) designate and publicize the name and phone number of an employee of the Coast Guard as a director of family support services to act as liaison between the operator and the families of the passengers involved in the disaster; and (2) designate an independent nonprofit organization for coordinating the emotional care and support of such families.Prohibits any person from impeding the Secretary (including the director of family support services), or a designated organization, in carrying out specified responsibilities or the ability of the families to have contact with one another.Prohibits unsolicited communications concerning a potential action for personal injury or wrongful death by an attorney or any potential party to the litigation to an individual (other than a vessel operator employee) injured in the maritime disaster, or to a relative, before the 45th day following the disaster.Prohibits a State from preventing a designated organizations' employees, agents, or volunteers from providing mental health and counseling services to the victims' families in the 30-day period beginning on the date of the disaster. |
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 ``Ensuring Servicemembers' Electronic
Records' Viability Act'' or the ``E-SERV Act''.
SEC. 2. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS
INTERAGENCY PROGRAM OFFICE.
(a) Purpose of Office.--Section 1635(b)(2)(A) of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is
amended to read as follows:
``(A) To--
``(i) act as a single point of
accountability and authority for the Department
of Defense and the Department of Veterans
Affairs in the rapid development and
implementation of electronic health record
systems or capabilities that allow for full
interoperability of personal health care
information between the Department of Defense
and the Department of Veterans Affairs; and
``(ii) be the single program office of the
Department of Defense and the Department of
Veterans Affairs that is responsible for the
development, implementation, and sustainment of
all electronic health record systems and
capabilities.''.
(b) Leadership of Office.--Section 1635(c) of such Act is amended
by adding at the end the following:
``(6) Supervision of director.--
``(A) Except as provided by subparagraph (B), the
Director shall report directly to the Secretary of
Defense and the Secretary of Veterans Affairs without
the interposition of any other supervising official.
Each Secretary shall be responsible for one-half of any
performance review of the Director.
``(B) The Secretaries may jointly delegate
supervision described in subparagraph (A) to an
official of the Department of Defense and to an
official of the Department of Veterans Affairs at a
level not lower than Deputy Secretary.''.
(c) Function.--Section 1635(d) of such Act is amended to read as
follows:
``(d) Function.--
``(1) In general.--The function of the Office shall be to
develop, implement, and sustain electronic health record
systems and capabilities for the Department of Defense and the
Department of Veterans Affairs. Such systems shall--
``(A) allow for full interoperability of personal
health care information between the Departments;
``(B) to the extent practicable, consist of a
seamless, integrated process that addresses the unique
needs of each Department; and
``(C) ensure that health records comply with
applicable interoperability standards, implementation
specifications, and certification criteria (including
for the reporting of quality measures) of the Federal
Government.
``(2) Sole responsible office.--The Office shall--
``(A) be the only office of the Department of
Defense and the Department of Veterans Affairs
responsible for electronic health record capabilities,
including any such capabilities existing before January
16, 2008; and
``(B) represent each Department to other
departments and agencies of the Federal Government and
to Congress with respect to activities regarding the
electronic health record systems capabilities of the
Departments.
``(3) Programming and budgeting authority.--
``(A) The Office shall carry out planning,
programming, budgeting, and execution activities
required to carry out the functions described in
paragraph (1), including activities related to the
design, development, testing, acquisition,
implementation, and sustainment of electronic health
record systems and capabilities.
``(B) In the budget materials submitted to the
President by the Secretary of Defense and the Secretary
of Veterans Affairs in connection with the submission
to Congress, pursuant to section 1105 of title 31,
United States Code, of the budget for fiscal year 2013,
and each subsequent fiscal year, each Secretary shall
ensure that the Office is listed as a separate,
dedicated budget line.''.
(d) Staff.--Section 1635(g) of such Act is amended by adding at the
end the following:
``(3) Supervision.--Personnel assigned to the Office under
paragraph (1) and other personnel of the Department of Defense
and the Department of Veterans Affairs who are assigned to
electronic health record initiatives shall be under the
direction of the Director.
``(4) Request for resources.--The Secretary of Defense and
the Secretary of Veterans Affairs shall furnish to the Director
resources requested by the Director to carry out this section,
to the extent practicable.''.
(e) Conforming Amendment.--Section 1635 of such Act is amended by
striking ``subsection (d)'' and inserting ``subsection (d)(1)'' each
place it appears.
(f) Implementation.--Of the funds authorized to be appropriated for
each of fiscal years 2012 and 2013 to carry out the interagency program
office of the Department of Defense and the Department of Veterans
Affairs established under section 1635 of the Wounded Warrior Act
(title XVI of Public Law 110-181; 10 U.S.C. 1071 note), not more than
10 percent may be obligated or expended until the date on which the
Secretary of Defense and the Secretary of Veterans Affairs jointly
certify to Congress that the amendments made by subsections (a) through
(d) have been implemented. | Ensuring Servicemembers' Electronic Records' Viability Act or the E-SERV Act - Amends the Wounded Warrior Act to make the interagency program office of the Department of Defense (DOD) and the Department of Veterans Affairs (VA) established by such Act the single: (1) point of accountability and authority (currently, accountability only) for the DOD and VA in the development and implementation of electronic health record systems or capabilities (including capabilities existing before January 16, 2008) that allow for full interoperability of personal health care information between such agencies; and (2) program office of such Departments that is responsible for the development, implementation, and sustainment of all electronic health record systems and capabilities.
Requires: (1) the Director of such office to report directly to the DOD and VA Secretaries (or a jointly delegated official of each Department not lower than Deputy Secretary) without interposition of any other supervising official, and (2) the office to carry out the programming and budgeting of such 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 ``Prostate Research, Imaging, and
Men's Education Act'' or the ``PRIME Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Prostate cancer has reached epidemic proportions,
particularly among African-American men, and strikes and kills
men in numbers comparable to the number of women who lose their
lives from breast cancer.
(2) Life-saving breakthroughs in screening, diagnosis, and
treatment of breast cancer resulted from the development of
advanced imaging technologies led by the Federal Government.
(3) Men should have accurate and affordable prostate cancer
screening exams and minimally-invasive treatment tools, similar
to what women have for breast cancer.
(4) While it is important for men to take advantage of
current prostate cancer screening techniques, a recent NCI-
funded study demonstrated that the most common available
methods of detecting prostate cancer (PSA blood test and
physical exams) are not foolproof, causing numerous false
alarms and false reassurances.
(5) The absence of advanced imaging technologies for
prostate cancer causes the lack of accurate information
critical for clinical decisions, resulting in missed cancers
and lost lives, as well as unnecessary and costly medical
procedures, with related complications.
(6) With prostate imaging tools, men and their families
would face less physical, psychological, financial and
emotional trauma and billions of dollars could be saved in
private and public health care systems.
SEC. 3. RESEARCH AND DEVELOPMENT OF PROSTATE CANCER IMAGING
TECHNOLOGIES.
(a) Expansion of Research.--The Secretary of Health and Human
Services (referred to in this Act as the ``Secretary''), acting through
the Director of the National Institutes of Health and in consultation
with the Secretary of Defense, shall carry out a program to expand and
intensify research to develop innovative advanced imaging technologies
for prostate cancer detection, diagnosis, and treatment comparable to
state-of-the-art mammography technologies.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $100,000,000 for each of fiscal
years 2008 through 2012.
SEC. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN.
(a) National Campaign.--The Secretary shall carry out a national
campaign to increase the awareness and knowledge of Americans with
respect to the need for prostate cancer screening and for improved
detection technologies.
(b) Requirements.--The national campaign conducted under subsection
(a) shall include--
(1) roles for the Health Resources Services Administration,
the Office on Minority Health of the Department of Health and
Human Services, the Centers for Disease Control and Prevention,
and the Office of Minority Health of the Centers for Disease
Control and Prevention; and
(2) the development and distribution of written educational
materials, and the development and placing of public service
announcements, that are intended to encourage men to seek
prostate cancer screening and to create awareness of the need
for improved imaging technologies for prostate cancer detection
and minimally invasive treatment.
(c) Racial Disparities.--In developing the national campaign under
subsection (a), the Secretary shall recognize and address the racial
disparities in the incidences of prostate cancer and mortality rates
with respect to such disease.
(d) Grants.--The Secretary shall establish a program to award
grants to nonprofit private entities to enable such entities to test
alternative outreach and education strategies to increase the awareness
and knowledge of Americans with respect to the need for prostate cancer
screening and improved imaging technologies.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2008 through 2012.
SEC. 5. IMPROVING PROSTATE CANCER SCREENING BLOOD TESTS.
(a) In General.--The Secretary, in coordination with the Secretary
of Defense, shall carry out research to develop an improved prostate
cancer screening blood test using in-vitro detection.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $20,000,000 for each of fiscal
years 2008 through 2012.
SEC. 6. REPORTING AND COMPLIANCE.
(a) Report and Strategy.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that details the strategy of the Secretary for implementing the
requirements of this Act and the status of such efforts.
(b) Full Compliance.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report that--
(1) contains assurances that the provisions of this Act are
fully implemented; and
(2) certifies such compliance, or in the case of a Federal
agency that has not complied, an explanation as to such failure
to comply. | Prostate Research, Imaging, and Men's Education Act or the PRIME Act - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to expand and intensify research to develop advanced imaging technologies for prostate cancer detection, diagnosis, and treatment comparable to mammogram technology.
Directs the Secretary: (1) to carry out a national campaign to increase awareness and knowledge with respect to the need for prostate cancer screening and for improved detection technologies; (2) in developing such campaign, to recognize and address the racial disparities in the incidences of prostate cancer and mortality rates; (3) to establish a program to award grants to nonprofit private entities to test alternative outreach and education strategies; (4) to carry out research to develop an improved prostate cancer screening blood test using in-vitro detection; and (5) to certify compliance with this Act within one year. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.
The second sentence of subsection (a) of the first section of the
Act entitled ``An Act to authorize the leasing of restricted Indian
lands for public, religious, educational, recreational, residential,
business, and other purposes requiring the grant of long-term leases'',
approved August 9, 1955 (25 U.S.C. 415(a)), is amended--
(1) by inserting ``lands held in trust for the Confederated
Tribes of the Grand Ronde Community of Oregon,'' after ``lands held
in trust for the Cahuilla Band of Indians of California,''; and
(2) by inserting ``the Cabazon Indian Reservation,'' after
``the Navajo Reservation,''.
SEC. 2. GRAND RONDE RESERVATION ACT.
Section 1(c) of the Act entitled ``An Act to establish a
reservation for the Confederated Tribes of the Grand Ronde Community of
Oregon, and for other purposes'', approved September 9, 1988 (25 U.S.C.
713f note; 102 Stat. 1594), is amended--
(1) by striking ``10,120.68 acres of land'' and inserting
``10,311.60 acres of land''; and
(2) by striking all in the table after:
``4 7 30 Lots 3, 4, SW\1/4\NW\1/4\, 240'';
SE\1/4\NE\1/4\, E\1/2\SW\1/
4\
and inserting the following:
``6 8 1 N\1/2\SW\1/4\ 29.59
6 8 12 W\1/2\SW\1/4\NE\1/4\, SE\1/ 21.70
4\SW\1/4\NE\1/4\NW\1/4\, N\1/
2\SE\1/4\NW\1/4\, N\1/2\SW\1/
4\SW\1/4\SE\1/4\
6 8 13 W\1/2\E\1/2\NW\1/4\NW\1/4\ 5.31
6 7 7 E\1/2\E\1/2\ 57.60
6 7 8 SW\1/4\SW\1/4\NW\1/4\, W\1/ 22.46
2\SW\1/4\
6 7 17 NW\1/4\NW\1/4\, N\1/2\SW\1/ 10.84
4\NW\1/4\
6 7 18 E\1/2\NE\1/4\ 43.42
------------
Total 10,311.60''
SEC. 3. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT.
Section 12 of the Navajo-Hopi Land Dispute Settlement Act of 1996
(110 Stat. 3653) is amended--
(1) in subsection (a)(1)(C), by inserting ``of surface water''
after ``on such lands''; and
(2) in subsection (b), by striking ``subsection (a)(3)'' each
place it appears and inserting ``subsection (a)(1)(C)''.
SEC. 4. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS.
(a) In General.--The Secretary of the Interior shall take such
action as may be necessary to extend the terms of the projects referred
to in section 512 of the Indian Health Care Improvement Act (25 U.S.C.
1660b) so that the term of each such project expires on October 1,
2002.
(b) Amendment to Indian Health Care Improvement Act.--Section 512
of the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended
by adding at the end the following:
``(c) In addition to the amounts made available under section 514
to carry out this section through fiscal year 2000, there are
authorized to be appropriated such sums as may be necessary to carry
out this section for each of fiscal years 2001 and 2002.''.
SEC. 5. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS
RESERVATION ACT.
Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act
(25 U.S.C. 714e(b)) is amended by adding at the end the following:
``(4) In Lane County, Oregon, a parcel described as beginning
at the common corner to sections 23, 24, 25, and 26 township 18
south, range 12 west, Willamette Meridian; then west 25 links; then
north 2 chains and 50 links; then east 25 links to a point on the
section line between sections 23 and 24; then south 2 chains and 50
links to the place of origin, and containing .062 of an acre, more
or less, situated and lying in section 23, township 18 south, range
12 west, of Willamette Meridian.''.
SEC. 6. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT.
Section 2(b) of the Hoopa Valley Reservation South Boundary
Adjustment Act (25 U.S.C. 1300i-1 note) is amended--
(1) by striking ``north 72 degrees 30 minutes east'' and
inserting ``north 73 degrees 50 minutes east''; and
(2) by striking ``south 15 degrees 59 minutes east'' and
inserting ``south 14 degrees 36 minutes east''.
SEC. 7. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES OF SILETZ
INDIANS OF OREGON.
Section 2 of the Act entitled ``An Act to establish a reservation
for the Confederated Tribes of Siletz Indians of Oregon'', approved
September 4, 1980 (25 U.S.C. 711e note; 94 Stat. 1073), is amended by
adding at the end the following:
``(c) Subject to the express limitations under sections 4 and 5,
for purposes of determining eligibility for Federal assistance
programs, the service area of the Confederated Tribes of the Siletz
Indians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn,
Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in
Oregon.''.
SEC. 8. LOWER SIOUX INDIAN COMMUNITY.
Notwithstanding any other provision of law, the Lower Sioux Indian
Community in Minnesota is hereby authorized to sell, convey, and
warrant to a buyer, without further approval of the United States, all
the Community's interest in the following real property located in
Redwood County, Minnesota:
A tract of land located in the Northeast Quarter (NE\1/4\) of
Section Five (5), Township One Hundred Twelve (112) North, Range
Thirty-five (35) West, County of Redwood and State of Minnesota,
described as follows: Commencing at the north quarter corner of
Section 5 in Township 112 North, Range 35 West of the 5th Principal
Meridian; thence east a distance of 678 feet; thence south a
distance of 650 feet; thence South 45 degrees West a distance of
367.7 feet; thence west a distance of 418 feet to a point situated
on the north and south quarter line of said Section 5; thence north
a distance of 910 feet to the place of beginning, subject to
highway easements of record, and containing 13.38 acres, more or
less.
Nothing in this section is intended to authorize the Lower Sioux Indian
Community in Minnesota to sell any of its lands that are held in trust
by the United States.
SEC. 9. FEDERAL TRUST EMPLACEMENT OF TRIBAL LANDS.
The Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25
U.S.C. 712 et seq.) is amended by adding at the end the following new
section:
``SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST.
``The Secretary of the Interior shall accept title to 2000 acres of
real property and may accept title to any additional number of acres of
real property located in Umpqua River watershed upstream from
Scottsburg, Oregon, or the northern slope of the Rogue River watershed
upstream from Agness, Oregon, if such real property is conveyed or
otherwise transferred to the United States by or on behalf of the
Tribe. The Secretary shall take into trust for the benefit of the Tribe
all real property conveyed or otherwise transferred to the United
States pursuant to this section. Real property taken into trust
pursuant to this section shall become part of the Tribe's reservation.
Real property taken into trust pursuant to this section shall not be
considered to have been taken into trust for gaming (as that term is
used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).''.
SEC. 10. AMENDMENTS TO THE JICARILLA APACHE TRIBE WATER RIGHTS
SETTLEMENT ACT.
(a) Section 8(e)(3) of the Jicarilla Apache Tribe Water Rights
Settlement Act, as amended by Public Law 104-261, is further amended by
striking ``December 31, 1998'' and inserting ``December 31, 2000''.
(b) The Jicarilla Apache Tribe Water Rights Settlement Act (Public
Law 102-441) is amended by adding at the end the following new section:
``SEC. 12. APPROVAL OF STIPULATION.
``Notwithstanding any other provision of Federal law, including
section 2116 of the Revised Statutes (25 U.S.C. 177), the Stipulation
and Settlement Agreement, dated October 7, 1997, between the Jicarilla
Apache Tribe and other parties to State of New Mexico v. Aragon, No.
CIV-7941 JC, U.S. Dist. Ct., D.N.M., approved by the United States
District Court in that proceeding, is hereby approved.''.
SEC. 11. SAN LUIS REY INDIAN WATER RIGHTS SETTLEMENT ACT.
Section 105(c) of the San Luis Rey Indian Water Rights Settlement
Act (Public Law 100-675; 102 Stat. 4000), as amended by section 117 of
the Department of the Interior and Related Agencies Appropriations Act,
1992 (Public Law 102-154; 105 Stat. 1012-1013), is amended--
(1) by inserting ``(1)'' before ``Until''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), prior to completion of the
final settlement and as soon as feasible, the Secretary is authorized
and directed to disburse a total of $8,000,000, of which $1,600,000
will go to each of the Bands, from the interest income which has
accrued to the Fund. The disbursed funds shall be invested or used for
economic development of the Bands, the Bands' reservation land, and
their members and may not be used for per capita payments to members of
any Band. The United States shall not be liable for any claim or causes
of action arising from the Bands' use or expenditure of moneys
distributed from the Fund.''.
SEC. 12. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM.
(a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health
Care Improvement Act (42 U.S.C. 11709(a)(1)) is amended by striking
``meet the requirements of section 338A of the Public Health Service
Act (42 U.S.C. 2541)'' and inserting ``meet the requirements of
paragraphs (1), (3), and (4) of section 338A(b) of the Public Health
Service Act (42 U.S.C. 254l(b))''.
(b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian
Health Care Improvement Act (42 U.S.C. 11709(b)(1)) is amended--
(1) in subparagraph (A), by inserting ``identified in the
Native Hawaiian comprehensive health care master plan implemented
under section 4'' after ``health care professional'';
(2) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) the primary health services covered under the scholarship
assistance program under this section shall be the services
included under the definition of that term under section 12(8);'';
(4) by striking subparagraph (D), as redesignated, and
inserting the following:
``(D) the obligated service requirement for each scholarship
recipient shall be fulfilled through the full-time clinical or
nonclinical practice of the health profession of the scholarship
recipient, in an order of priority that would provide for
practice--
``(i) first, in any one of the five Native Hawaiian health
care systems; and
``(ii) second, in--
``(I) a health professional shortage area or medically
underserved area located in the State of Hawaii; or
``(II) a geographic area or facility that is--
``(aa) located in the State of Hawaii; and
``(bb) has a designation that is similar to a
designation described in subclause (I) made by the
Secretary, acting through the Public Health Service;'';
(5) in subparagraph (E), as redesignated, by striking the
period and inserting a comma; and
(6) by adding at the end the following:
``(F) the obligated service of a scholarship recipient shall
not be performed by the recipient through membership in the
National Health Service Corps; and
``(G) the requirements of sections 331 through 338 of the
Public Health Service Act (42 U.S.C. 254d through 254k), section
338C of that Act (42 U.S.C. 254m), other than subsection (b)(5) of
that section, and section 338D of that Act (42 U.S.C. 254n)
applicable to scholarship assistance provided under section 338A of
that Act (42 U.S.C. 254l) shall not apply to the scholarship
assistance provided under subsection (a) of this section.''.
SEC. 13. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Authorization.--Section 711(h) of the Indian Health Care
Improvement Act (25 U.S.C. 1665j(h)) is amended by striking ``of the
fiscal years'' and inserting ``of fiscal years''.
(b) Reference.--Section 4(12)(B) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B))
is amended by striking ``Indian Self-Determination and Education
Assistance Act of 1975'' and inserting ``Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.)''.
SEC. 14. REPEAL.
Section 326(d)(1) of Public Law 105-83 is repealed and section
1004(a) of Public Law 104-324 is amended by inserting ``sale or''
before ``use''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years.
Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002.
Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation.
Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs.
Authorizes the Lower Sioux Indian Community in Minnesota to convey to a buyer, without further U.S. approval, all Community interest in specified real property in Redwood County, Minnesota.
Amends the Cow Creek Band of Umpqua Tribe of Indians Recognition Act to require the Secretary of the Interior to accept title to 2,000 acres (and permits the Secretary to accept title to additional acres) of real property located in the Umpqua River watershed upstream from Scottsburg, Oregon, or the northern slope of the Rogue River watershed upstream from Agness, Oregon, if transferred to the United States by or on behalf of the Cow Creek Band of Umpqua Tribe and to place such land in trust for the Tribe. Incorporates such land into the Tribe's reservation.
Amends the Jicarilla Apache Tribe Water Rights Settlement Act to extend until December 31, 2000, the date by which two partial final decrees concerning water rights must be entered in order to prevent the termination of the Jicarilla Apache Water Resources Development Trust Fund. Approves a water rights stipulation and settlement agreement between such Tribe and other parties.
Amends the San Luis Rey Indian Water Rights Settlement Act to authorize and direct the Secretary of the Interior to disburse a specified amount of funds, from interest earned by the San Luis Rey Tribal Development Fund and prior to completion of the final settlement of the water rights dispute, for economic development of the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians in San Diego County, California.
Amends the Native Hawaiian Health Care Improvement Act to revise conditions pertaining to Native Hawaiian health scholarships.
Amends the Coast Guard Authorization Act of 1996 to: (1) repeal a provision setting forth certain use restrictions relating to a service facility of the Ketchikan Indian Corporation; and (2) revise a provision authorizing the conveyance of certain property to the Corporation to allow the sale of such property. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeownership Affordability Act of
2007''.
SEC. 2. QUALIFIED HOMEOWNER DOWNPAYMENT ASSISTANCE.
(a) In General.--Section 501 of the Internal Revenue Code of 1986
(relating to exemption of tax on corporations, certain trusts, etc.) is
amended by redesignating subsection (r) as subsection (s) and by
inserting after subsection (q) the following new subsection:
``(r) Qualified Homeowner Downpayment Assistance.--
``(1) In general.--For purposes of subsection (c)(3) and
sections 170(c)(2), 2055(a)(2), and 2522(a)(2), the term
`charitable purposes' includes the provision of qualified
homeowner downpayment assistance.
``(2) Qualified homeowner downpayment assistance.--For
purposes of this subsection, the term `qualified homeowner
downpayment assistance' means a gift of cash for the purpose of
providing any downpayment for the acquisition of any property
as a principal residence (within the meaning of section 121)
for a qualified taxpayer if--
``(A) with respect to such property, such gift does
not exceed 20 percent of 110 percent of the maximum
principal obligation allowable, and
``(B) the purchase price of such property does not
exceed 110 percent of the maximum principal obligation
allowable.
``(3) Maximum principal obligation allowable.--The maximum
principal obligation allowable with respect to any property is
the maximum principal obligation allowable for the area in
which such property is located, determined under section
203(b)(2)(A) of the National Housing Act, for a loan insured
pursuant to such section 203.
``(4) Qualified taxpayer.--For purposes of paragraph (2),
the term `qualified taxpayer' means a taxpayer whose modified
adjusted gross income for the taxable year in which the
downpayment assistance is received does not exceed $110,000
($220,000 in the case of a joint return). For purposes of the
preceding sentence, the term `modified adjusted gross income'
means adjusted gross income increased by any amount excluded
from gross income under section 911, 931, or 933.''.
(b) No Charitable Deduction for Contributions for Downpayment
Assistance.--Subsection (f) of section 170 of the Internal Revenue Code
of 1986 (relating to disallowance of deduction in certain cases and
special rules) is amended by adding at the end the following new
paragraph:
``(19) Denial of deduction of contributions for downpayment
assistance.--No deduction shall be allowed under this section
for a contribution to an organization which provides homeowner
downpayment assistance if the contribution is made directly or
indirectly in connection with a transaction in which the
purchaser of a home received downpayment assistance and the
contributor--
``(A) received the downpayment assistance,
``(B) sold the home to the purchaser,
``(C) loaned money to the purchaser, or
``(D) otherwise received a commission or other
benefit associated with the transaction.''.
(c) Exclusion From Taxable Gifts.--
(1) In general.--Paragraph (2) of section 2503(e) of such
Code (relating to exclusion for certain transfers for
educational expenses or medical expenses) is amended by
striking ``or'' at the end of subparagraph (A), by striking the
period at the end of subparagraph (B) and inserting ``, or'',
and by inserting after subparagraph (B) the following new
subparagraph:
``(C) if such payment is qualified homeowner
downpayment assistance (as defined in section
501(r)(2)) paid to a lender or the seller of the
property on behalf of a donee who is related to the
donor.''.
(2) Relationship test.--Paragraph (2) of section 2503(e) of
such Code is amended by adding at the end the following flush
sentence:
``For purposes of subparagraph (C), a donee is related to a
donor if the donee bears a relationship to the donor described
in section 529(e)(2) (other than subparagraph (D) thereof).''.
(3) Conforming amendment.--The heading for section 2503(e)
of such Code is amended by striking ``Educational Expenses or
Medical Expenses'' and inserting ``Educational Expenses,
Medical Expenses, or Downpayment Assistance''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Homeownership Affordability Act of 2007 - Amends the Internal Revenue Code to deem qualified homeowner downpayment assistance as a charitable purpose for income, estate, and gift tax purposes. Defines "qualified homeowner downpayment assistance" as a gift of cash for the purpose of providing any downpayment for the purchase of a principal residence for a taxpayer whose modified adjusted gross income does not exceed $110,000 ($220,000 for joint returns), if: (1) such gift does not exceed 20% of 110 percent of the maximum principal obligation allowable; and (2) the purchase price of such property does not exceed 110 percent of such amount.
Denies an income tax deduction to a donor of homeowner downpayment assistance who receives a direct financial benefit in connection with the purchase of a principal residence for which downpayment assistance was provided.
Allows a gift tax exclusion for a homeowner downpayment gift. |
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SECTION 1. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM INCOME FOR
PURPOSES OF INCOME ELIGIBILITY UNDER MEDICAID.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(17), by striking ``(e)(14), (e)(14)''
and inserting ``(e)(14), (e)(15)''; and
(2) in subsection (e)--
(A) in paragraph (14) (relating to modified
adjusted gross income), by adding at the end the
following new subparagraph:
``(J) Treatment of certain lottery winnings and
income received as a lump sum.--
``(i) In general.--In the case of an
individual who is the recipient of qualified
lottery winnings (pursuant to lotteries
occurring on or after January 1, 2018) or
qualified lump sum income (received on or after
such date) and whose eligibility for medical
assistance is determined based on the
application of modified adjusted gross income
under subparagraph (A), a State shall, in
determining such eligibility, include such
winnings or income (as applicable) as income
received--
``(I) in the month in which such
winnings or income (as applicable) is
received if the amount of such winnings
or income is less than $60,000;
``(II) over a period of two months
if the amount of such winnings or
income (as applicable) is greater than
or equal to $60,000 but less than
$70,000;
``(III) over a period of three
months if the amount of such winnings
or income (as applicable) is greater
than or equal to $70,000 but less than
$80,000; and
``(IV) over an additional one-month
period for each increment of $10,000 of
such winnings or income (as applicable)
received, not to exceed 120 months (for
winnings or income of $1,240,000 or
more), if the amount of such winnings
or income is greater than or equal to
$80,000.
``(ii) Counting in equal installments.--For
purposes of clause (i), winnings or income to
which such clause applies shall be counted in
equal monthly installments over the applicable
period of months specified in such clause.
``(iii) Qualified lottery winnings
defined.--In this subparagraph, the term
`qualified lottery winnings' means winnings
from a sweepstakes, lottery, or pool described
in paragraph (3) of section 4402 of the
Internal Revenue Code of 1986 or a lottery
operated by a multistate or multijurisdictional
lottery association, including amounts awarded
as a lump sum payment.
``(iv) Qualified lump sum income defined.--
In this subparagraph, the term `qualified lump
sum income' means income that is received as a
lump sum from one of the following sources:
``(I) Monetary winnings from
gambling (as defined by the Secretary
and including gambling activities
described in section 1955(b)(4) of
title 18, United States Code).
``(II) Damages received, whether by
suit or agreement and whether as lump
sums or as periodic payments (other
than monthly payments), on account of
causes of action other than causes of
action arising from personal physical
injuries or physical sickness.
``(III) Income received as liquid
assets from the estate (as defined in
section 1917(b)(4)) of a deceased
individual.''; and
(B) by striking ``(14) Exclusion'' and inserting
``(15) Exclusion''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a)(2)(A) shall be construed as preventing a State from
intercepting the State lottery winnings awarded to an individual in the
State to recover amounts paid by the State under the State Medicaid
plan under title XIX of the Social Security Act for medical assistance
furnished to the individual. | This bill amends title XIX (Medicaid) to specify how a state must treat qualified lottery winnings and lump sum income for purposes of determining an individual's income-based eligibility for a state Medicaid program. Specifically, a state shall include such winnings or income as income received: (1) in the month in which it was received, if the amount is less than $60,000; (2) over a period of two months, if the amount is at least $60,000 but less than $70,000; (3) over a period of three months, if the amount is at least $70,000 but less than $80,000; and (4) over an additional one-month period for each increment of $10,000 received, not to exceed 120 months. Qualified lump sum income includes: (1) monetary winnings from gambling; (2) damages received in lump sums or periodic payments, excluding monthly payments, on account of causes of action other than those arising from personal physical injuries or sickness; and (3) income received as liquid assets from the estate of a deceased individual. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Women's Health Improvement
Act of 1993''.
TITLE I--WOMEN'S HEALTH CARE
SEC. 101. PRIMARY AND PREVENTIVE HEALTH-CARE SERVICES FOR WOMEN.
(a) Female Members and Retirees of the Uniformed Services.--(1)
Chapter 55 of title 10, United States Code, is amended by inserting
after section 1074c the following new section:
``Sec. 1074d. Primary and preventive health-care services for women
``Female members and former members of the uniformed services who
are entitled to medical care under section 1074 or 1074a of this title
shall be furnished with primary and preventive health-care services for
women as part of such medical care.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074c the
following new item:
``1074d. Primary and preventive health-care services for women.''.
(b) Female Dependents.--Section 1077(a) of such title is amended by
adding at the end the following new paragraph:
``(13) Primary and preventive health-care services for
women.''.
(c) Definition.--Section 1072 of such title is amended by adding at
the end the following new paragraph:
``(6) The term `primary and preventive health-care services
for women' means health-care services provided to women,
including counseling, relating to the following:
``(A) Papanicolaou tests (pap smear).
``(B) Breast examinations and mammography.
``(C) Comprehensive reproductive health care,
including care related to pregnancy.
``(D) Infertility and sexually transmitted
diseases, including prevention.
``(E) Menopause.
``(F) Physical or psychological conditions arising
out of acts of sexual violence.''.
SEC. 102. REPORT ON THE PROVISION OF HEALTH-CARE SERVICES TO WOMEN.
(a) Report Required.--The Secretary of Defense shall prepare a
report evaluating the provision of health-care services through
military medical treatment facilities and the Civilian Health and
Medical Program of the Uniformed Services to female members of the
uniformed services and female covered beneficiaries eligible for health
care under chapter 55 of title 10, United States Code.
(b) Contents.--The report required by subsection (a) shall contain
the following:
(1) A description of the medical personnel of the
Department of Defense who provided health-care services during
fiscal year 1993 to female members and covered beneficiaries,
including--
(A) the number of such personnel (including both
the number of individual employees and the number of
full-time employee equivalents);
(B) the professional qualifications or specialty
training of such personnel; and
(C) the medical facilities to which such personnel
were assigned.
(2) A description of any actions, including the use of
special pays and incentives, taken by the Secretary during
fiscal year 1993--
(A) to ensure the retention of the medical
personnel described in paragraph (1);
(B) to recruit additional personnel to provide
health-care services to female members and female
covered beneficiaries; and
(C) to replace departing personnel who provided
such services.
(3) A description of any existing or proposed programs to
encourage specialization of health care professionals in fields
related to primary and preventive health-care services for
women.
(4) An assessment of any difficulties experienced by
military medical treatment facilities or the Civilian Health
and Medical Program of the Uniformed Services in furnishing
primary and preventive health-care services for women and a
description of those actions taken by the Secretary to resolve
such difficulties.
(5) An assessment of the extent to which gender-related
factors impede or complicate diagnoses (such as inappropriate
psychiatric referrals and admissions) made by medical personnel
described in paragraph (1).
(6) A description of the actions taken by the Secretary to
foster and encourage the expansion of research relating to
health care issues of concern to female members of the
uniformed services and female covered beneficiaries.
(c) Population Study of the Need of Female Members and Female
Covered Beneficiaries for Health-Care Services.--(1) As part of the
report required by subsection (a), the Secretary shall conduct a study
to determine the needs of female members of the uniformed services and
female covered beneficiaries for health-care services, including
primary and preventive health-care services for women.
(2) The study shall examine the health needs of current members and
covered beneficiaries and future members and covered beneficiaries
based upon the anticipated size and composition of the Armed Forces in
the year 2000 and should be based on the demographics of society as a
whole.
(d) Submission and Revision.--The Secretary of Defense shall submit
the report required by subsection (a) to Congress not later than April
1, 1994. The Secretary shall revise and resubmit the report to Congress
not later than April 1, 1999.
(e) Definitions.--For purposes of this section:
(1) The term ``primary and preventive health care services
for women'' has the meaning given such term in paragraph (6) of
section 1072 of title 10, United States Code, as added by
section 101(c)).
(2) The term ``covered beneficiary'' has the meaning given
such term in paragraph (5) of such section.
TITLE II--WOMEN'S HEALTH RESEARCH
SEC. 201. DEFENSE WOMEN'S HEALTH RESEARCH CENTER.
(a) Establishment of the Center.--The Secretary of Defense shall
establish a Defense Women's Health Research Center (hereinafter in this
section referred to as the ``Center'') in the Department of the Army.
The Center shall be under the authority of the Army Health Services
Command.
(b) Purposes.--(1) The Center shall be the coordinating agent for
multidisciplinary and multiinstitutional research within the Department
of Defense on women's health issues related to service in the Armed
Forces. The Center shall be dedicated to development and application of
new knowledge, procedures, techniques, training, and equipment for the
improvement of the health of women in the Armed Forces.
(2) In carrying out or sponsoring research studies, the Center
shall provide that the cohort of women in the Armed Forces shall be
considered as a control groups.
(3) The Center shall support the goals and objectives recognized by
the Department of Defense under the plan of the Department of Health
and Human Services designated as ``Healthy People 2000''.
(4) The Center shall support initiation and expansion of research
into matters relating to women's health in the military, including the
following matters as they relate to women in the military:
(A) Combat stress and trauma.
(B) Exposure to toxins and other environmental hazards
associated with military hardware.
(C) Psychology related stresses in warfare situations.
(D) Breast cancer.
(E) Reproductive health, including pregnancy.
(F) Gynecological cancers.
(G) Infertility and sexually transmitted diseases.
(H) HIV and AIDS.
(I) Mental health, including post-traumatic stress disorder
and depression.
(J) Menopause, osteoporosis, Alzheimer's disease, and other
conditions and diseases related to aging.
(K) Substance abuse.
(L) Sexual violence and related trauma.
(M) Human factor studies related to women in combat.
(c) Preparation of a Plan.--The Secretary of Defense, acting
through the Secretary of the Army and in coordination with the other
military departments, shall prepare a plan for the implementation of
this section. The plan shall be submitted to the Committees on Armed
Services of the Senate and House of Representatives before May 1, 1994.
(d) Requirements Relating to Establishment of Center.--(1) The
Secretary shall provide for the establishment of the Center at an
existing Army facility.
(2) The Center may be established only at a facility having the
following characteristics:
(A) A physical plant immediately available to serve as
headquarters for the medical activities to be carried out by
the Center.
(B) Ongoing fellowship and residency programs colocated
with ongoing collaborative health-related and interdisciplinary
research of (i) a facility of the Department of Veterans
Affairs, (ii) an accredited university with specialties in
medical research and clinical diagnostics, and (iii) a hospital
owned and operated by a municipality.
(C) A technologically modern laboratory capability at the
site and at the affiliated sites referred to in subparagraph
(B), with the capability to include state-of-the-art clinical
diagnostic instrumentation, data processing, telecommunication,
and data storage systems.
(D) Compatibility with and capability to effectively expand
its existing mission in accordance with the mission of the
Center under this section.
(E) Maximum multi-State geographic jurisdiction to permit
regional health-related issues to be researched and integrated
into national military databases.
(F) An existing relationship for the provision of services
to Native Americans through the Indian Health Service.
(e) Activities for Fiscal Year 1994.--During fiscal year 1994, the
Center shall address the following:
(1) Program planning, infrastructure development, baseline
information gathering, technology infusion, and connectivity.
(2) Management and technical staffing.
(3) Data base development of health issues related to
service on active duty as compared to service in the National
Guard or Reserves.
(4) Research protocols, cohort development, health
surveillance and epidemiologic studies.
SEC. 202. CONTINUATION OF ARMY BREAST CANCER RESEARCH PROGRAM.
During fiscal year 1994, the Secretary of the Army shall continue
the breast cancer research program established in the second and third
provisos in the paragraph in title IV of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1890) under the
heading ``Research, Development, Test, and Evaluation, Army'' .
SEC. 203. INCLUSION OF WOMEN AND MINORITIES IN CLINICAL RESEARCH
PROJECTS.
(a) General Rule.--In conducting or supporting clinical research,
the Secretary of Defense shall ensure that--
(1) women who are members of the Armed Forces are included
as subjects in each project of such research; and
(2) members of minority groups who are members of the Armed
Forces are included as subjects of such research.
(b) Waiver Authority.--The requirement in subsection (a) regarding
women and members of minority groups who are members of the Armed
Forces may be waived by the Secretary of Defense with respect to a
project of clinical research if the Secretary determines that the
inclusion, as subjects in the project, of women and members of minority
groups, respectively--
(1) is inappropriate with respect to the health of the
subjects;
(2) is inappropriate with respect to the purpose of the
research; or
(3) is inappropriate under such other circumstances as the
Secretary of Defense may designate.
(c) Requirement for Analysis of Research.--In the case of a project
of clinical research in which women or members of minority groups will
under subsection (a) be included as subjects of the research, the
Secretary of Defense shall ensure that the project is designed and
carried out so as to provide for a valid analysis of whether the
variables being tested in the research affect women or members of
minority groups, as the case may be, differently than other persons who
are subjects of the research.
SEC. 204. REPORT ON RESEARCH RELATING TO FEMALE MEMBERS OF THE
UNIFORMED SERVICES AND FEMALE COVERED BENEFICIARIES.
Not later than July 1 of each of 1995, 1996, and 1997, the
Secretary of Defense shall submit to Congress a report containing--
(1) a description (as of May 31 of the year in which the
report is submitted) of the status of any health research that
is being carried out by or under the jurisdiction of the
Secretary relating to female members of the uniformed services
and female covered beneficiaries under chapter 55 of title 10,
United States Code; and
(2) recommendations of the Secretary as to future health
research (including a proposal for any legislation relating to
such research) relating to such female members and covered
beneficiaries.
TITLE III--WOMEN'S HEALTH EDUCATION
SEC. 301. WOMEN'S HEALTH CURRICULUM ADVISORY COMMITTEE.
The Secretary of Defense shall establish at the F. Edward Hebert
School of Medicine of the Uniformed Services University of the Health
Sciences a women's health curriculum advisory committee to promote the
comprehensive integration of women's health issues into the curriculum
at the University. The committee shall include the surgeon general of
each of the military departments and the dean of the School of
Medicine. The committee shall be established by April 1, 1994. | TABLE OF CONTENTS:
Title I: Women's Health Care
Title II: Women's Health Research
Title III: Women's Health Education
Defense Women's Health Improvement Act of 1993 -
Title I: Women's Health Care
- Requires female members and former members of the armed forces who are entitled to medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to be furnished primary and preventive health care services for women as part of such care. Provides the same coverage for female dependents of members and former members of the armed forces.
Directs the Secretary of Defense to prepare and submit to the Congress a report evaluating the provision of health care services through military medical treatment facilities and CHAMPUS to female members of the armed forces and female covered beneficiaries. Requires the Secretary to include a study to determine the needs of female members and dependents for health care services, including primary and preventive health care services for women.
Title II: Women's Health Research
- Directs the Secretary to establish a Defense Women's Health Research Center within the Department of the Army to be the coordinating agent for multidisciplinary and multiinstitutional research within the Department of Defense on women's health issues related to service in the armed forces.
Directs the Secretary of the Army, during FY 1994, to continue the breast cancer research program as established under prior law.
Directs the Secretary of Defense, in conducting or supporting clinical research, to ensure that women and minority group members of the armed forces are included as research subjects. Provides a waiver of such requirement.
Directs the Secretary to submit three annual reports on research relating to female members and dependents within the armed forces.
Title III: Women's Health Education
- Directs the Secretary to establish at the F. Edward Hebert School of Medicine of the Uniformed Services University of the Health Sciences a women's health curriculum advisory committee to promote the comprehensive integration of women's health issues into the curriculum. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam War Restitution Act''.
SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM.
The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended by
adding at the end the following new section:
``SEC. 36. RECOGNITION OF DEMONSTRATED LOYALTY OF THE PEOPLE OF GUAM TO
THE UNITED STATES, AND THE SUFFERING AND DEPRIVATION
ARISING THEREFROM, DURING WORLD WAR II.
``(a) Application of Section.--This section shall apply to
Guamanians who did not meet the one-year time limitation for filing of
death or personal injury claims specified in the first section of the
Act of November 15, 1945 (Chapter 483; 59 Stat. 582), or who suffered
other compensable injuries if such Guamanians, their heirs or next of
kin, meet the eligibility, time limitation for filing, and other
criteria set forth in this section.
``(b) Definitions.--For the purposes of this section:
``(1) Award.--The term `award' means the amount of
compensation payable under subsection (c).
``(2) Benefit.--The term `benefit' means the amount of
compensation payable under subsection (d).
``(3) Board.--The term `Board' means the Guam Restitution
Trust Fund Board of Directors established by subsection (h).
``(4) Claims fund.--The term `Claims Fund' means the Guam
Restitution Claims Fund established by subsection (f)(1).
``(5) Compensable injury.--The term `compensable injury'
means one of the following three categories of injury incurred
during, or as a result of, World War II:
``(A) Death.
``(B) Personal injury.
``(C) Forced labor, forced march, or internment.
``(6) Guamanian.--The term `Guamanian' means any person who
resided in the territory of Guam during the period beginning
December 8, 1941, and ending September 2, 1945, and who was a
United States citizen or national during the period.
``(7) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(8) Trust fund.--The term `Trust Fund' means the Guam
Restitution Trust Fund established by subsection (g)(1).
``(c) General Authority of Secretary and Board; Requirements.--
``(1) In general.--The Secretary may receive, examine, and
render final decisions concerning claims for awards under
subsection (d) and benefits under subsection (e) filed in
accordance with this section. The Secretary may certify and
disburse payments from the Claims Fund, and the Board may
certify and disburse payments from the Trust Fund, in
accordance with this section.
``(2) Required information for inclusion in claims for
awards and benefits.--A claim for an award or benefit under
this section shall be made under oath and shall include--
``(A) the claimant's name and age;
``(B) the village in which the claimant resided at
the time the compensable injury occurred;
``(C) the approximate date or dates when the
compensable injury incurred;
``(D) a brief description of the compensable injury
being claimed;
``(E) the circumstances leading up to that
compensable injury; and
``(F) in the case of an award based on death as the
compensable injury and in the case of a claim for a
benefit, proof of the relationship of the claimant to
the deceased.
``(3) Time limitation applicable to secretary.--The
Secretary shall act expeditiously in the examination,
determination, and certification of submitted claims, but in no
event later than one year after the expiration of the time to
be issued by the Secretary.
``(d) Eligibility.--
``(1) Eligibility for awards.--To be eligible for an award
under this section, the following criteria must be met:
``(A) The claimant is a living Guamanian who
personally received the compensable injury, except that
in a claim for death, a claimant may be the heir or
next of kin of the decedent Guamanian.
``(B) The claimant files a claim with the Secretary
for a compensable injury containing all the information
required by subsection (c)(2).
``(C) The claimant is able to furnish either proof
of the compensable injury or is able to produce
affidavits by two witnesses to the compensable injury.
``(D) The claimant files a claim within one year
after the date of enactment of this section.
``(2) Eligibility for benefits.--To be eligible for
benefits under this section, the following criteria must be
met:
``(A) The claimant is a living Guamanian who is an
heir or next of kin of the decedent Guamanian who
personally received the compensable injury and who died
after September 2, 1945.
``(B) The claimant files a claim with the Secretary
or the Board for a compensable injury containing all
the information required by subsection (c)(2).
``(C) The claimant is able to furnish either proof
of the compensable injury or is able to produce
affidavits by two witnesses to the compensable injury.
``(D) The claimant files a claim within one year
after the date of enactment of this section; except
that persons who can prove consanguinity with claimants
who have met the criteria specified in subparagraphs
(A) through (C) may become eligible for pro rata share
of benefits accruing to such claim by filing a claim
with the Board at any time, by such procedures as the
Board may prescribe.
``(3) Limitation on eligibility for awards and benefits.--
(A) A claimant may only be eligible for an award arising out of
one category of compensable injury.
``(B) A claimant may only be eligible for benefits arising
out of one category of compensable injury.
``(e) Payments.--
``(1) Certification.--The Secretary shall certify all
awards for payment, and the Board shall certify all benefits
for payment, under this section.
``(2) Awards.--The Secretary shall pay the following
amounts as an award to each eligible claimant under subsection
(d)(1) from the Claims Fund:
``(A) $20,000 for the category of death.
``(B) $7,000 for the category of personal injury.
``(C) $5,000 for the category of forced labor,
forced march, or internment.
``(3) Benefits.--The Secretary shall pay the following
amounts as a benefit to each eligible claimant under subsection
(d)(2) from the Trust Fund:
``(A) $7,000 for the category of personal injury.
``(B) $5,000 for the category of forced labor,
forced march, or internment.
``(4) Refusal to accept payment.--If a claimant refuses to
accept a payment under paragraph (2) or (3), an amount equal to
such payment shall remain in the Claims Fund or Trust Fund, as
appropriate, and no payment may be made under this section to
such claimant at any future date.
``(5) Prorated payments related to claims for the same
death.--Payment of the award or benefit relating to death shall
be prorated among the heirs or next of kin claiming for the
same death, as provided in the Guam probate laws.
``(6) Order of payments.--The Secretary shall endeavor to
make payments under this section to eligible individuals in the
order of date of birth (with the oldest individual on the date
of the enactment of this Act or, if applicable, that
individual's survivors under paragraph (6), receiving full
payment first), until all eligible individuals have received
payment in full.
``(f) Guam Restitution Claims Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States the Guam Restitution Claims Fund, to be
administered by the Secretary of the Treasury, as directed by
the Secretary of the Interior. Amounts in the Claims Fund shall
only be available for disbursement by the Secretary of the
Interior in the amounts specified in subsection (e). In the
event that all eligible claims have been paid and a balance
exists in the Claims Fund, any unobligated funds shall be
transferred to the Trust Fund 60 days after the final report
required in subsection (j)(3) is submitted to Congress.
``(2) Limitation on use of amounts from claims fund.--No
cost incurred by the Secretary in carrying out this section
shall be paid from the Claims Fund or set off against, or
otherwise deducted from, any payment under this section to any
eligible claimant.
``(g) Guam Restitution Trust Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States the Guam Restitution Trust Fund, which
shall be administered by the Secretary of the Treasury.
``(2) Investments.--Amounts in the Trust Fund shall be
invested in accordance with section 9702 of title 31, United
States Code.
``(3) Uses.--Amounts in the Trust Fund shall be available
only for disbursement by the Board in accordance with
subsection (h).
``(h) Guam Restitution Trust Fund Board of Directors.--
``(1) Establishment.--There is established the Guam
Restitution Trust Fund Board of Directors, which shall be
responsible for making disbursements from the Trust Fund in the
manner provided in this subsection.
``(2) Uses.--The Board may make disbursements from the
Trust Fund only--
``(A) to sponsor research and public educational
activities so that the events surrounding the wartime
experiences and losses of the Guamanian people will be
remembered, and so that the causes and circumstances of
this and similar events may be illuminated and
understood;
``(B) to disburse available funds as benefits to
eligible claimants through a revolving fund for such
purposes as post-secondary scholarships, first-time
home ownership loans, and other suitable purposes as
may be determined by the Board; and
``(C) for reasonable administrative expenses of the
Board, including expenses incurred under paragraphs
(3)(C), (4), and (5).
``(3) Membership.--(A) The Board shall be composed of nine
members appointed by the Secretary from recommendations made by
the Governor of Guam, from individuals who are not officers or
employees of the United States Government.
``(B)(i) Except as provided in subparagraphs (B) and (C),
members shall be appointed for terms of three years.
``(ii) Of the members first appointed--
``(I) five shall be appointed for terms of three
years, and
``(II) four shall be appointed for terms of two
years,
as designed by the Secretary at the time of appointment.
``(iii) Any member appointed to fill a vacancy occurring
before the expiration of the term for which such member's
predecessor was appointed shall be appointed only for the
remainder of such term. A member may serve after the expiration
of such member's term until such member's successor has taken
office. No individual may be appointed as a member for more
than two consecutive terms.
``(C) Members of the Board shall serve without pay as such,
except that members of the Board shall be entitled to
reimbursement for travel, subsistence, and other necessary
expenses incurred by them in carrying out the functions of the
Board, in the same manner as persons employed intermittently in
the United States Government are allowed expenses under section
5703 of title 5, United States Code.
``(D) Five members of the Board shall constitute a quorum
but a lesser number may hold hearings.
``(E) The Chair of the Board shall be elected by the
members of the Board.
``(4)(A) The Board shall have a Director who shall be
appointed by the Board.
``(B) The Board may appoint and fix the pay of such
additional staff as it may require.
``(C) The Director and the additional staff of the Board
may be appointed without regard to section 5311(b) of title 5,
United States Code, and without regard to the provisions of
such title governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that the
compensation of any employee of the Board may not exceed a rate
equivalent to the minimum rate of basic pay payable for GS-15
of the General Schedule under section 5332(a) of such title.
``(5) Administrative support services.--The Administrator
of General Services shall provide to the Board on a
reimbursable basis such administrative support services as the
Board may request.
``(6) Gifts and donations.--The Board may accept, use, and
dispose of gifts or donations of services or property for
purposes authorized under paragraph (2).
``(7) Annual report.--Not later than 12 months after the
first meeting of the Board and every 12 months thereafter, the
Board shall transmit to the President and to each House of the
Congress a report describing the activities of the Board.
``(i) Notice.--Not later than 90 days after the date of enactment
of this section, the Secretary shall give public notice in the
territory of Guam and such other places as the Secretary deems
appropriate of the time when, and the time limitation within which,
claims may be filed under this section. The Secretary shall assure that
the provisions of this section are widely published in the territory of
Guam and such other places as the Secretary deems appropriate, and the
Secretary shall make every effort to advise promptly all persons who
may be entitled to file claims under the provisions of this section and
to assist them in the preparation and filing of their claims.
``(j) Reports.--
``(1) Compensation needed.--No later than 18 months after
enactment of this section, the Secretary shall submit a report
to Congress and the Governor of Guam with a recommendation of a
specific amount of compensation necessary to fully carry out
this section. The report shall include--
``(A) a list of all claims, categorized by
compensable injury, which were approved under this
section; and
``(B) a list of all claims, categorized by
compensable injury, which were denied under this
section, and a brief explanation for the reason
therefore.
``(2) Annual.--Beginning with the first full fiscal year
ending after submittal of the report provided in paragraph (1),
and annually thereafter, the Secretary shall submit an annual
report to Congress concerning the operations under this
section, the status of the Claims Fund and Trust Fund, and any
request for an appropriation in order to make disbursement from
the Claims Fund and Trust Fund. Such report shall be submitted
no later than January 15th of each year.
``(3) Final award report.--Once all awards have been paid
to eligible claimants, the Secretary shall submit a report to
Congress and to the Governor of Guam certifying--
``(A) the total amount of compensation paid as
awards under this section, broken down by category of
compensable injury; and
``(B) the final status of the Claims Fund and the
amount of any existing balance thereof.
``(k) Limitation.--Any remuneration on account of services rendered
on behalf of any claimant, or any association of claimants, in
connection with any claim or claims under this section may not exceed 5
percent of the amount paid on such claim or claims under this section.
Any agreement to the contrary shall be unlawful and void. Whoever, in
the United States or elsewhere, demands or receives, on account of
services so rendered, any remuneration in excess of the maximum
permitted by this section, shall be guilty of a misdemeanor and upon
conviction thereof, shall be fined in accordance with title 18, United
States Code, imprisoned not more than 12 months, or both.
``(l) Disclaimer.--Nothing contained in this section shall
constitute a United States obligation to pay any claim arising out of
war. The compensation provided in this section is ex gratia in nature
intended solely as a means of recognizing the demonstrated loyalty of
the people of Guam to the United States, and the suffering and
deprivation arising therefrom, during World War II.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
Amounts appropriated pursuant to this section are authorized to remain
available until expended.''.
HR 4741 IH----2 | Guam War Restitution Act - Amends the Organic Act of Guam to apply this Act to Guamanians who did not meet the one-year time limitation for filing of death or personal injury claims specified in a certain Act or who suffered other compensable injuries if such Guamanians, their heirs, or next of kin meet the eligibility, time limitation for filing, and other criteria set forth in this Act.
Defines "compensable injury" as one of the three following categories of injury incurred during, or as a result of, World War II: (1) death; (2) personal injury; or (3) forced labor, forced march, or internment.
Authorizes the Secretary of the Interior to render final decisions concerning claims for awards and benefits under this Act. Sets forth eligibility requirements. Makes awards available to Guamanians who personally received the compensable injury or to their heirs or next of kin in claims for death. Makes benefits available to Guamanians who are heirs or next of kin of the decedent Guamanian who received the compensable injury and who died after September 2, 1945.
Requires payment of the award or benefit relating to death to be prorated among the heirs or next of kin claiming for the same death, as provided in the Guam probate laws.
Establishes the Guam Restitution Claims Fund, the Guam Restitution Trust Fund, and the Guam Restitution Trust Fund Board of Directors. Permits the Board to make disbursements from the Trust Fund only: (1) to sponsor research and public educational activities relating to Guamanian wartime experiences; (2) to disburse funds as benefits to eligible claimants through a revolving fund for purposes such as post-secondary scholarships and first-time home ownership loans; and (3) for administrative expenses.
Limits any remuneration on account of services rendered on behalf of any claimant in connection with any claim to five percent of the amount paid on such claim. Prescribes penalties for violations of such limit.
Authorizes appropriations. |
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 ``Russian-American Trust and
Cooperation Act of 2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Government of the Russian Federation maintains an
agreement with the Government of Cuba which allows Russia to
operate an intelligence facility at Lourdes, Cuba.
(2) The Secretary of Defense has formally expressed
concerns to the Congress regarding the espionage complex at
Lourdes, Cuba, and its use as a base for intelligence
activities directed against the United States.
(3) The Secretary of Defense, referring to a 1998 Defense
Intelligence Agency assessment, has reported that the Russian
Federation leases the Lourdes facility for an estimated
$100,000,000 to $300,000,000 a year.
(4) It has been reported that the Lourdes facility is the
largest such complex operated by the Russian Federation and its
intelligence service outside the region of the former Soviet
Union.
(5) The Lourdes facility is reported to cover a 28 square-
mile area with over 1,500 Russian engineers, technicians, and
military personnel working at the base.
(6) Experts familiar with the Lourdes facility have
reportedly confirmed that the base has multiple groups of
tracking dishes and its own satellite system, with some groups
used to intercept telephone calls, faxes, and computer
communications, in general, and with other groups used to cover
targeted telephones and devices.
(7) News sources have reported that the predecessor regime
to the Government of the Russian Federation had obtained
sensitive information about United States military operations
during Operation Desert Storm through the Lourdes facility.
(8) Former United States National Security Agency officials
have been quoted describing the Lourdes facility as an
``intelligence cornucopia'' which lies within the ``footprint''
of every United States communications satellite.
(9) Public reports relating to the Lourdes facility state
that Defense Intelligence Agency officials testified to the
Senate Select Committee on Intelligence in 1996 that ``while
commercial intelligence [gathered at the facility] is the top
priority, it is not the only one . . . Personal information
about U.S. citizens in private and government sectors is also
snatched from the airwaves and used by Russian intelligence to
identify promising recruits in these sectors.''.
(10) It has been reported that the operational significance
of the Lourdes facility has grown dramatically since February
7, 1996, when then Russian President, Boris Yeltsin, issued an
order demanding that the Russian intelligence community
increase its gathering of United States and other Western
economic and trade secrets.
(11) It has been reported that the Government of the
Russian Federation is estimated to have spent in excess of
$3,000,000,000 in the operation and modernization of the
Lourdes facility.
(12) Colonel General Mikhail Kolenik, Russia's current
chief of staff, has affirmed during his visits to the Lourdes
facility that this espionage base remains critical to the
intelligence needs of the Russian Federation.
(13) The December 2000 visit of Russian President Putin to
Cuba was described by United States analysts as a ``diplomatic
offensive'' to strengthen and expand Russia's ties with its
former satellite in Latin America.
SEC. 3. PROHIBITION ON BILATERAL DEBT RESCHEDULING AND FORGIVENESS FOR
THE RUSSIAN FEDERATION.
(a) Prohibition.--Notwithstanding any other provision of law, the
President--
(1) shall not reschedule or forgive any outstanding
bilateral debt owed to the United States by the Government of
the Russian Federation, and
(2) shall instruct the United States representative to the
Paris Club of official creditors to use the voice and vote of
the United States to oppose rescheduling or forgiveness of any
outstanding bilateral debt owed by the Government of the
Russian Federation,
until the President certifies to the Congress that the Government of
the Russian Federation has ceased all its operations at, removed all
personnel from, and permanently closed the intelligence facility at
Lourdes, Cuba.
(b) Waiver.--The President may waive the application of subsection
(a)(1) with respect to rescheduling of outstanding bilateral debt if--
(1) the President determines that such waiver is necessary
to the national interests of the United States; and
(2) not less than 10 days before the waiver is to take
effect, the President transmits to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a written
certification that contains the determination made pursuant to
paragraph (1) and the reasons therefor. | Russian-American Trust and Cooperation Act of 2001 - Directs the President, until he certifies to Congress that the Government of the Russian Federation has ceased all operations at, removed all personnel from, and permanently closed the intelligence facility at Lourdes, Cuba, to: (1) neither reschedule nor forgive any outstanding bilateral debt owed by the Government of the Russian Federation to the United States; and (2) instruct the U.S. representative to the Paris Club of official creditors to use the U.S. vote to oppose rescheduling or forgiveness of any outstanding bilateral debt owed by such government. Authorizes the President to waive the requirements of this Act if it is in the national interests of the United States. |