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You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. ESTABLISHMENT OF REGIONAL PRIVATE INDUSTRY COUNCILS UNDER
THE JOB TRAINING PARTNERSHIP ACT.
(a) In General.--Part D of title IV of the Job Training Partnership
Act (29 U.S.C. 1731 et seq.) is amended by adding at the end the
following:
``SEC. 457. REGIONAL PRIVATE INDUSTRY COUNCILS.
``(a) Establishment.--
``(1) In general.--In the case of a labor market area that
is located in more than one State, the Secretary, upon request
of the Governor of each State in which the labor market area is
located, shall establish a regional private industry council
for the labor market area in accordance with this section.
``(2) Rule of construction.--A regional private industry
council established for a labor market area under paragraph (1)
shall be in addition to the private industry council
established under section 102 for each service delivery area in
which the labor market area is located.
``(b) Membership.--
``(1) In general.--Each regional private industry council
shall consist of members determined by each Governor consistent
with the requirements contained in subsections (a) and (c) of
section 102 of this Act.
``(2) Chairman.--The chairman of the council shall be
selected from among members of the council who are
representatives of the private sector.
``(3) Terms.--Members shall be appointed for fixed and
staggered terms and may serve until their successors are
appointed. Any vacancy in the membership of the council shall
be filled in the same manner as the original appointment. Any
member of the council may be removed for cause in accordance
with procedures established by the council.
``(c) Certification.--The Secretary shall certify a regional
private industry council if the Secretary determines that its
composition and appointments are consistent with the provisions of this
section. Such certification shall be made or denied within 30 days
after the date on which a list of members and necessary supporting
documentation are submitted to the Secretary. When the Secretary
certifies the council, it shall be convened within 30 days.
``(d) Functions.--Consistent with the requirements contained in
section 103 of this Act, the Secretary shall establish the functions of
each regional private industry council established under this section
for the purpose of providing policy guidance for, and exercise
oversight with respect to, activities under the job training plan for
the labor market area of the council in partnership with the unit or
units of general local government within the labor market area.
``(e) Funding.--Notwithstanding any other provision of this Act, to
the extent practicable, amounts appropriated to carry out this part for
any fiscal year shall be provided to labor market areas with respect to
which a regional private industry council has been established under
this section in accordance with the same terms and conditions
applicable to amounts provided to service delivery areas under this
Act.
``(f) Job Training Plan.--
``(1) In general.--No funds appropriated to carry out this
part for any fiscal year may be provided to any labor market
area under this section except pursuant to a job training plan
for two program years that, to the extent practicable, meets
the requirements contained in section 104 of this Act.
``(2) Review and approval.--Consistent with the
requirements contained in section 105 of this Act, not less
than 120 days before the beginning of the first of the two
program years covered by the job training plan--
``(A) the proposed plan or summary thereof shall be
published;
``(B) the proposed plan shall be made available for
review and comment to all appropriate individuals and
entities;
``(C) the proposed plan shall be reasonably
available to the general public through such means as
public hearings and local news facilities;
``(D) the final plan, or a summary thereof, shall
be published not later than 80 days before the first of
the two program years and shall be submitted to each
Governor;
``(E) the final plan shall be submitted to the
Secretary; and
``(F) the Secretary shall approve or disapprove the
final plan not later than 30 days after the date on
which the plan is submitted.''.
(b) Conforming Amendment.--The table of contents of the Job
Training Partnership Act (29 U.S.C. 1501 note) is amended by inserting
after the item relating to section 456 the following:
``Sec. 457. Regional private industry councils.'' | Amends the Job Training Partnership Act to direct the Secretary of Labor to establish regional private industry councils for labor market areas located in more than one State, upon request of the Governors of such States.
Provides that such a regional private industry council shall be in addition to the private industry council established for each service delivery area in which the labor market area is located.
Sets forth requirements for such regional private industry councils' membership, certification, functions, funding, and job training plans. |
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 ``Northern Cheyenne Lands Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Northern Cheyenne Tribe has depended on its lands
and land-based resources to support its way of life since time
immemorial.
(2) The Tribe has made supreme and historic sacrifices to
repossess and maintain its homeland, including its Reservation
in Montana.
(3) The Tribe currently suffers from tremendous social and
economic challenges, including a lack of employment
opportunities on the Reservation, which can be improved by
strengthening its control over its land base, natural
resources, and trust funds.
(4) The Tribe and its members are currently the beneficial
owners of over 95 percent of the surface lands on the Northern
Cheyenne Reservation and all but approximately 5,000 subsurface
acres of the Reservation.
(5) The Tribe seeks to obtain ownership of approximately
5,000 subsurface acres on its Reservation it does not own
because of an error by the United States to secure that
subsurface when the Reservation was expanded in 1900.
(6) In 2002, the Tribe agreed by settlement to dismiss its
lawsuit against the United States, which alleged that the
United States failed to protect the Reservation from the
impacts of coal development, in return for assistance in
securing tribal ownership of those subsurface rights
substantially in the form of this Act, and to secure mitigation
funding to address the impacts of coal development in areas
adjacent to the Reservation, among other conditions.
(7) To increase tribal ownership of the surface lands, the
Tribe has purchased approximately 932 acres of land within its
Reservation that were taken out of trust ownership status for
various reasons.
(8) The Tribe has purchased approximately 635 acres of land
near Bear Butte, South Dakota, which the Tribe considers sacred
ground for its members, as well as for members of other tribes.
(9) The Tribe now seeks to have the aforementioned lands
and subsurface within the Reservation and Bear Butte lands
taken into trust on its behalf by the United States.
(10) If the actions authorized by this Act are completed,
the Tribe will waive all legal claims against the United States
arising out of the longstanding loss of the subsurface rights
and arising out of the United States management of the Northern
Cheyenne Trust Fund.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Northern Cheyenne
Trust Fund identified in the June 7, 1999 Agreement Settling
Certain Issues Relating to the Tongue River Dam Project which
was entered into by the Tribe, the State of Montana, and
delegates of the Secretary of the Interior, and managed by the
Office of Special Trustee in the Department of the Interior.
(2) Great northern properties.--The term ``Great Northern
Properties'' means the Great Northern Properties Limited
Partnership, which is a Delaware limited partnership.
(3) Permanent fund.--The term ``Permanent Fund'' means the
Northern Cheyenne Tribe Permanent Fund managed by the Northern
Cheyenne Tribe pursuant to the Plan for Investment, Management
and Use of the Fund, as amended by vote of the Tribal
membership on November 2, 2010.
(4) Reservation.--The term ``Reservation'' means the
Northern Cheyenne Reservation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Montana.
(7) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 4. TRIBAL FEE LANDS TO BE TAKEN INTO TRUST.
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall take the approximately 1,568 acres of land depicted
on the map entitled ``Northern Cheyenne Land Act--Fee-to-Trust Lands''
and dated March 26, 2014, and on the map entitled ``Northern Cheyenne
Land Act--Fee-to-Trust Lands--Lame Deer Townsite'', and dated March 26,
2014, into trust for the benefit of the Northern Cheyenne Tribe.
SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST.
(a) Completion of Mineral Conveyances.--Not later than 60 days
after the date on which the Secretary receives the notification
described in subsection (d), in a single transaction--
(1) Great Northern Properties shall convey to the Tribe all
right, title, and interest of Great Northern Properties,
consisting of coal and iron ore mineral interests, underlying
the land on the Northern Cheyenne Reservation generally
depicted as ``Great Northern Properties'' on the map entitled
``Northern Cheyenne Land Act--Coal Tracts'' and dated February
27, 2014;
(2) the Secretary shall convey to Great Northern Properties
all right, title, and interest of the United States in and to
the coal mineral interests underlying the land generally
depicted as ``Bull Mountains'' and ``East Fork'' on the map
entitled ``Northern Cheyenne Land Act--Coal Tracts'' and dated
February 27, 2014; and
(3) the Secretary shall ensure that the deed for the
conveyance authorized by paragraph (2) shall include a
covenant, running with the land--
(A) that precludes the coal conveyed from being
mined by methods other than underground mining
techniques until any surface owner (as defined in
section 714 of Public Law 95-87 (30 U.S.C. 1304(e)))
for any specific tract has given written consent to
Great Northern Properties to enter such specific tract
and commence surface mining; and
(B) shall not create any property interest in the
United States or any surface owner (as defined in
section 714 of Public Law 95-87 (30 U.S.C. 1304(e))).
(b) Trust Status.--Upon tribal request, the coal and iron ore
mineral interests conveyed to the Tribe under this section shall be
held in trust by the United States for the benefit of the Tribe.
(c) Immunities.--The right, title, and interests conveyed to the
Tribe under subsection (a)(1) shall not be subject to taxation by the
State of Montana (including any political subdivision of the State of
Montana).
(d) Revenue Sharing Agreement.--Consistent with the Settlement
Agreement entered into effective February 19, 2002, by the Montana
State Board of Land Commissioners and the Tribe, the Tribe and Great
Northern Properties have agreed on a formula for sharing revenue from
development of the Northern Cheyenne Federal Tracts in the event that
the Northern Cheyenne Federal Tracts are developed at a later date. The
Tribe shall notify the Secretary in writing that the revenue sharing
agreement remains in effect.
(e) Waiver of Legal Claims.--In return for the conveyances of
mineral interests under subsection (a)--
(1) the Tribe shall waive any and all claims arising from
the continuing failure of the United States to acquire the
private coal and iron ore mineral interests identified in
subsection (a)(1) in trust for the Tribe as part of the
Reservation as directed by Congress in 1900; and
(2) Great Northern Properties shall waive any claim against
the United States relating to the value or completion of the
conveyances under subsection (a).
(f) Rescission of Mineral Conveyances.--If any portion of the
mineral conveyances under subsection (a) is invalidated by a court of
competent jurisdiction and the judgment of that court is not vacated or
reversed on appeal--
(1) not later than 1 year after the date on which there is
a final judgment, the Secretary or Great Northern Properties
may rescind completely each mineral conveyance under subsection
(a); and
(2) if the Secretary or Great Northern Properties carries
out a rescission under paragraph (1), the waiver of the Tribe
under this section shall be considered to be rescinded.
SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE.
(a) Transfer of Fund.--Not later than 30 days after the date of the
enactment of this Act, the Fund shall be transferred to the Tribe and
deposited into the Tribe's Permanent Fund.
(b) Permitted Uses of Fund.--The principal of the Fund, upon
deposit in the Permanent Fund, shall be maintained in perpetuity, and
the earnings of the Permanent Fund shall be used as provided in the
Northern Cheyenne Tribe Permanent Fund Plan.
(c) Waiver of Legal Claims.--In return for transfer of the Fund
under subsection (a), the Tribe shall waive any and all claims arising
from the United States management of the Fund.
SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
No sums or other benefits provided to the Tribe under this Act
shall result in the reduction or denial of any Federal services,
benefits, or programs to the Tribe or to any member of the Tribe to
which the Tribe or member is entitled or eligible because of--
(1) the status of the Tribe as a federally recognized
Indian tribe; or
(2) the status of the member as a member of the Tribe. | Northern Cheyenne Lands Act - Directs the Secretary of the Interior to take approximately 1,568 acres of land in Montana into trust for the Northern Cheyenne Tribe. Requires Great Northern Properties to convey to the Tribe its coal and iron ore mineral interests underlying the land on the Northern Cheyenne Reservation in exchange for U.S. coal mineral interests underlying the land referred to as Bull Mountains and East Fork. Sets forth conditions on the conveyance to Great Northern Properties. Directs the Secretary to ensure that the deed for those federal coal mineral interests includes a covenant that precludes surface mining of the coal unless certain conditions are met. Prohibits Montana from taxing the mineral interests this Act conveys to the Tribe. Sets forth conditions regarding waiver of claims by the Tribe and Great Northern Properties. Requires the Northern Cheyenne Trust Fund to be transferred to the Tribe in exchange for the Tribe waiving all of its claims arising from U.S. management of the Fund. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
That section 2805(a) of
the Act of October 30, 1992 (106 Stat. 4692; 16 U.S.C. 4601-33(a), is
amended by adding at the end the following:
``(3) Any person who violates any such regulation which is
issued pursuant to this Act shall be fined under title 18,
United States Code, imprisoned not more than 6 months, or both.
Any person charged with a violation of such regulation may be
tried and sentenced by any United States magistrate judge
designated for that purpose by the court by which he was
appointed, in the same manner and subject to the same
conditions and limitations as provided for in section 3401 of
title 18, United States Code.
``(4) The Secretary may--
``(A) authorize law enforcement personnel from the
Department of the Interior to act as law enforcement
officers to maintain law and order and protect persons
and property within a Reclamation project or on
Reclamation lands;
``(B) authorize law enforcement personnel of any
other Federal agency that has law enforcement authority
(with the exception of the Department of Defense) or
law enforcement personnel of any State or local
government, including Indian tribes, when deemed
economical and in the public interest, and with the
concurrence of that agency or that State or local
government, to act as law enforcement officers within a
Reclamation project or on Reclamation lands with such
enforcement powers as may be so assigned them by the
Secretary to carry out the regulations promulgated
under paragraph (2);
``(C) cooperate with any State or local government,
including Indian tribes, in the enforcement of the laws
or ordinances of that State or local government; and
``(D) provide reimbursement to a State or local
government, including Indian tribes, for expenditures
incurred in connection with activities under
subparagraph (B).
``(5) Officers or employees designated or authorized by the
Secretary under paragraph (4) are authorized to--
``(A) carry firearms within a Reclamation project
or on Reclamation lands and make arrests without
warrants for any offense against the United States
committed in their presence, or for any felony
cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to
be arrested has committed or is committing such a
felony, and if such arrests occur within a Reclamation
project or on Reclamation lands or the person to be
arrested is fleeing therefrom to avoid arrest;
``(B) execute within a Reclamation project or on
Reclamation lands any warrant or other process issued
by a court or officer of competent jurisdiction for the
enforcement of the provisions of any Federal law or
regulation issued pursuant to law for an offense
committed within a Reclamation project or on
Reclamation lands; and
``(C) conduct investigations within a Reclamation
project or on Reclamation lands of offenses against the
United States committed within a Reclamation project or
on Reclamation lands if the Federal law enforcement
agency having investigative jurisdiction over the
offense committed declines to investigate the offense.
``(6)(A) Except as otherwise provided in this paragraph, a
law enforcement officer of any State or local government,
including Indian Tribes, designated to act as a law enforcement
officer under paragraph (4) shall not be deemed a Federal
employee and shall not be subject to the provisions of law
relating to Federal employment, including, but not limited to,
those relating to hours of work, rates of compensation,
employment discrimination, leave, unemployment compensation,
and Federal benefits.
``(B) For purposes of chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims Act, a
law enforcement officer of any State or local government,
including Indian Tribes, shall, when acting as a designated law
enforcement officer under paragraph (4) and while under Federal
supervision and control, and only when carrying out Federal law
enforcement responsibilities, be considered a Federal employee.
``(C) For purposes of subchapter I of chapter 81 of title
5, United States Code, relating to compensation to Federal
employees for work injuries, a law enforcement officer of any
State or local government, including Indian Tribes, shall, when
acting as a designated law enforcement officer under paragraph
(4) and while under Federal supervision and control, and only
when carrying out Federal law enforcement responsibilities, be
deemed a civil service employee of the United States within the
meaning of the term `employee' as defined in section 8101 of
title 5, and the provisions of that subchapter shall apply.
Benefits under this subchapter shall be reduced by the amount
of any entitlement to State or local workers' compensation
benefits arising out of the same injury or death.
``(7) Nothing in paragraphs (3) through (9) shall be
construed or applied to limit or restrict the investigative
jurisdiction of any Federal law enforcement agency, or to
affect any existing right of a State or local government,
including Indian tribes, to exercise civil and criminal
jurisdiction within a Reclamation project or on Reclamation
lands.
``(8) For the purposes of this subsection, the term `law
enforcement personnel' means employees of a Federal, State, or
local government agency, including an Indian tribal agency, who
have successfully completed law enforcement training approved
by the Secretary and are authorized to carry firearms, make
arrests, and execute services of process to enforce criminal
laws of their employing jurisdiction.
``(9) The law enforcement authorities provided for in this
subsection may be exercised only pursuant to rules and
regulations promulgated by the Secretary and approved by the
Attorney General.''. | Amends the Reclamation Recreation Management Act of 1992 to provide for criminal penalties for any person who violates any regulation issued pursuant to such Act regarding protection of reclamation lands and projects. Allows any person charged with a violation to be tried and sentenced by any U.S. magistrate judge.Authorizes the Secretary of the Interior to: (1) authorize law enforcement personnel of the Department of the Interior, other Federal agencies that have law enforcement authority, or any State or local government, including Indian tribes, to act as law enforcement officers within a reclamation project or on reclamation lands; (2) cooperate with any State or local government in the enforcement of the laws or ordinances of that State or local government; and (3) provide reimbursement to a State or local government for expenditures incurred in connection with law enforcement activities within reclamation projects or lands. |
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 ``Lead Free Schools Act of 2017''.
SEC. 2. REQUIREMENTS FOR REGULATION OF CONTAMINANTS.
Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(2)) is amended by adding at the end the following:
``(D) Lead and copper rule.--
``(i) In general.--Notwithstanding any
other deadline established in this subsection,
not later than 9 months after the date of
enactment of the Lead Free Schools Act of 2017,
the Administrator shall issue revised national
primary drinking water regulations for lead and
copper.
``(ii) Requirements.--The revised
regulations issued under clause (i) shall
ensure that--
``(I) corrosion controls are
reevaluated anytime source water or
treatment is changed;
``(II) test results are valid, by
prohibiting techniques that
artificially lower lead levels,
including flushing before samples are
taken;
``(III) monitoring includes school
sites for all public water systems
serving schools (as defined in section
1461);
``(IV) notification of lead
problems is clear and effective,
including, to the extent practicable,
notification, at least annually, of any
testing and such problems at school
sites on the Internet website of the
applicable local educational agency;
and
``(V) lead service lines are fully
replaced on a set timetable and
whenever contamination is detected.
``(iii) Scope of lead line replacement
requirements.--Requirements to replace lead
service lines under the revised regulations
issued under clause (i) shall extend to all
service lines controlled by public water
systems, regardless of ownership.
``(E) Perfluorinated compounds.--Notwithstanding
any other deadline established in this subsection, not
later than 2 years after the date of enactment of the
Lead Free Schools Act of 2017, the Administrator shall
publish a maximum contaminant level goal and promulgate
a national primary drinking water regulation for
perfluorinated compounds.
``(F) 1,4-dioxane.--Notwithstanding any other
deadline established in this subsection, not later than
2 years after the date of enactment of the Lead Free
Schools Act of 2017, the Administrator shall make a
determination, pursuant to paragraph (1)(B)(ii), on
whether to regulate 1,4-dioxane under this section.''.
SEC. 3. DEFINITION OF LEAD SERVICE LINE.
(a) In General.--Section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f) is amended by adding at the end the following:
``(17) Lead service line.--The term `lead service line'
means a pipe and its fittings, which are not lead free (as
defined in section 1417(d)), that connect the drinking water
main to the building inlet.''.
(b) Conforming Amendment.--Section 1459B(a) of the Safe Drinking
Water Act (42 U.S.C. 300j-19b(a)) is amended by striking paragraph (4).
SEC. 4. COMPETITIVE GRANT PILOT PROGRAM FOR DRINKING WATER FOUNTAIN
REPLACEMENT FOR SCHOOLS.
(a) In General.--Part F of the Safe Drinking Water Act (42 U.S.C.
300j-21 et seq.) is amended by adding at the end the following:
``SEC. 1465. COMPETITIVE GRANT PILOT PROGRAM FOR DRINKING WATER
FOUNTAIN REPLACEMENT FOR SCHOOLS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a
competitive pilot grant program to provide assistance to local
educational agencies for the replacement of drinking water fountains
manufactured prior to 1988.
``(b) Use of Funds.--Funds awarded under the competitive pilot
grant program--
``(1) shall be used to pay the costs of replacement of
drinking water fountains in schools; and
``(2) shall be awarded on a competitive basis, as
determined by the Administrator.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not more than $5,000,000 for
each of fiscal years 2018 through 2022.''.
(b) Definitions.--Section 1461(5) of the Safe Drinking Water Act
(42 U.S.C. 300j-21(5)) is amended by inserting ``or drinking water
fountain'' after ``water cooler'' each place it appears.
SEC. 5. SCHOOL REMEDIAL ACTION PROGRAM.
Section 1464(d)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d)(7)) is amended--
(1) by striking ``$20,000,000'' and inserting
``$100,000,000''; and
(2) by striking ``2017 through 2021'' and inserting ``2018
through 2022''. | Lead Free Schools Act of 2017 This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to revise national primary drinking water regulations for lead and copper within nine months. The revised regulations must ensure that: corrosion controls are reevaluated anytime source water or treatment is changed; test results are valid by prohibiting techniques that artificially lower lead levels; monitoring includes school sites for all public water systems serving schools; notification of lead problems is clear and effective; and lead service lines, which are controlled by public water systems, are fully replaced on a set timetable and whenever contamination is detected. The EPA must: (1) publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for perfluorinated compounds within two years, and (2) determine whether to regulate 1,4-dioxane within two years. The EPA must establish a grant program for replacing drinking water fountains manufactured prior to 1988 that are located in schools or day care facilities with fountains that are lead free. The bill reauthorizes for FY2018-FY2022 the voluntary school and child care program lead testing grant program. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE TRADE ACT OF
1974.
(a) Test for Positive Adjustments to Import Competition.--Section
201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by
striking ``be a substantial cause of serious injury, or the threat
thereof,'' and inserting ``cause or threaten to cause serious injury''.
(b) Investigations and Determinations.--Section 202 of such Act (19
U.S.C. 2252) is amended--
(1) in subsection (b)(1)(A), by striking ``be a substantial
cause of serious injury, or the threat thereof,'' and inserting
``cause or threaten to cause serious injury'';
(2) by amending subsection (b)(1)(B) to read as follows:
``(B) For purposes of this section, the term `cause' refers
to a cause that contributes significantly to serious injury, or
the threat thereof, to the domestic industry but need not be
equal to or greater than any other cause.'';
(3) in subsection (c)--
(A) by amending paragraph (1)(A) to read as
follows:
``(A) with respect to serious injury--
``(i) change in the level of sales,
production, productivity, capacity utilization,
profits and losses, and employment,
``(ii) the significant idling of productive
facilities in the domestic industry,
``(iii) the inability of a significant
number of firms to carry out domestic
production operations at a reasonable level of
profit, and
``(iv) significant unemployment or
underemployment within the domestic
industry;'';
(B) in paragraph (1)(B)--
(i) in clause (iii) by striking ``; and''
and inserting ``, and''; and
(ii) by inserting after clause (iii) the
following:
``(iv) foreign production capacity, foreign
inventories, the level of demand in third
country markets, and the availability of other
export markets to absorb any additional
exports; and'';
(C) by amending paragraph (1)(C) to read as
follows:
``(C) with respect to cause--
``(i) the rate, amount, and timing of the
increase in imports of the product concerned in
absolute and relative terms, including whether
there has been a substantial increase in
imports over a short period of time, and
``(ii) the share of the domestic market
taken by increased imports.'';
(D) by redesignating paragraphs (3) through (6) as
paragraphs (5) through (8), respectively;
(E) by striking paragraph (2) and inserting the
following:
``(2) In making determinations under paragraph (1)(A) and
(B), if domestic producers internally transfer significant
production of the article like or directly competitive with the
imported article for the production of a downstream article and
sell significant production of the article like or directly
competitive with the imported article in the merchant market,
and the Commission finds that--
``(A) the article like or directly competitive with
the imported article produced that is internally
transferred for processing into that downstream article
does not enter the merchant market for the article like
or directly competitive with the imported article,
``(B) the article like or directly competitive with
the imported article is the predominant material input
in the production of that downstream article, and
``(C) the production of the article like or
directly competitive with the imported article sold in
the merchant market is not generally used in the
production of the downstream article,
then the Commission, in determining market share and the
factors affecting financial performance set forth in paragraph
(1)(A) and (B), shall focus primarily on the merchant market
for the article like or directly competitive with the imported
article.
``(3) In making determinations under subsection (b), the
Commission shall--
``(A) consider the condition of the domestic
industry over the course of the relevant business
cycle, but may not aggregate the causes of declining
demand associated with a recession or economic downturn
in the United States economy into a single cause of
serious injury or threat of injury; and
``(B) examine factors other than imports which may
cause or threaten to cause serious injury to the
domestic industry.
The Commission shall include the results of its examination
under subparagraph (B) in the report submitted by the
Commission to the President under subsection (e).
``(4) In making determinations under subsection (b), the
Commission shall consider whether any change in the volume of
imports that has occurred since a petition under subsection (a)
was filed or a request under subsection (b) was made is related
to the pendency of the investigation, and if so, the Commission
may reduce the weight accorded to the data for the period after
the petition under subsection (a) was filed or the request
under subsection (b) was made in making its determination of
serious injury, or the threat thereof.''; and
(F) in paragraph (5), as so redesignated--
(i) by striking ``and (B)'' and inserting
``, (B), and (C)''; and
(ii) by striking ``be a substantial cause
of serious injury, or the threat thereof,'' and
inserting ``cause or threaten to cause serious
injury'';
(4) in subsection (d)--
(A) in paragraph (1)(A)(ii), by striking ``be, or
likely to be a substantial cause of serious injury, or
the threat thereof,'' and inserting ``cause, or be
likely to cause, or threaten to cause, or be likely to
threaten to cause, serious injury'';
(B) in paragraph (1)(C), in the matter following
clause (ii), by striking ``a substantial cause of
serious injury, or the threat thereof,'' and inserting
``causing or threatening to cause serious injury'';
(C) by amending paragraph (2)(A) to read as
follows:
``(2)(A) When a petition filed under subsection (a) or a
request filed under subsection (b) alleges that critical
circumstances exist and requests that provisional relief be
provided under this subsection with respect to imports of the
article identified in the petition or request, the Commission
shall, not later than 45 days after the petition or request is
filed, determine, on the basis of available information,
whether--
``(i) there is clear evidence that increased
imports (either actual or relative to domestic
production) of the article are causing or threatening
to cause serious injury to the domestic industry
producing an article like or directly competitive with
the imported article; and
``(ii) delay in taking action under this chapter
would cause damage to that industry that would be
difficult to repair.
In making the evaluation under clause (ii), the Commission
should consider, among other factors that it considers
relevant, the timing and volume of the imports, including
whether there has been a substantial increase in imports over a
short period of time, and any other circumstances indicating
that delay in taking action under this chapter would cause
damage to the industry that would be difficult to repair.'';
and
(D) in paragraph (2)(D), by striking ``30'' and
inserting ``20''.
(c) Presidential Determinations.--
(1) Action by president.--Section 203(a) of the Trade Act
of 1974 (19 U.S.C. 2253(a)) is amended--
(A) in paragraph (1)(A), by striking ``and provide
greater economic and social benefits than costs'' and
inserting ``and will not have an adverse impact on the
United States substantially out of proportion to the
benefits of such action'';
(B) in paragraph (2)(F), by striking the semicolon
at the end of clause (iii) and inserting the following:
``except that the President shall give substantially
greater weight to the factors set out in clause (i)
than to those set out in clauses (ii) and (iii);''; and
(C) by amending paragraph (2)(I) to read as
follows:
``(I) the potential for harm to the national
security of the United States; and''.
(2) Implementation of action recommended by commission.--
(A) Section 203(c) of the Trade Act of 1974 (19 U.S.C. 2253(c))
is amended by striking ``90'' and inserting ``60''.
(B) Section 152(c)(1) of the Trade Act of 1974 (19 U.S.C.
2192(c)(1)) is amended by striking ``not counting any day which
is excluded under section 154(b),'' and inserting ``counting
all calendar days in the case of a resolution described in
subsection (a)(1)(A), and not counting any day which is
excluded under section 154(b) in the case of a resolution
described in subsection (a)(1)(B),''.
(d) Conforming Amendments.--
(1) Section 203(e)(6)(B) of the Trade Act of 1974 (19
U.S.C. 2253(e)(6)(B)) is amended by striking ``substantially''.
(2) Section 264(c) of the Trade Act of 1974 (19 U.S.C.
2354(c)) is amended by striking ``a substantial cause of
serious injury or threat thereof'' and inserting ``causing or
threatening to cause serious injury''.
(3) Section 154(b) of the Trade Act of 1974 (19 U.S.C.
2194(b)) is amended by striking the matter that precedes
paragraph (1) and inserting the following:
``(b) The 60-day period referred to in section 203(c) and the 90-
day period referred to in section 407(c)(2) shall be computed by
excluding--''.
SEC. 2. AMENDMENTS TO SECTION 332 OF THE TARIFF ACT OF 1930.
Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended
by adding at the end the following:
``(h)(1) Any entity, including a trade association, firm, certified
or recognized union, or group of workers, which is representative of a
domestic industry that produces an article that is like or directly
competitive with an imported article, may file a request with the
President pursuant to paragraph (2) for the monitoring of imports of
such article under subsection (g).
``(2) If the request filed under paragraph (1) alleges that an
article is being imported into the United States in such increased
quantities as to cause serious injury, or threat thereof, to a domestic
industry, the President, within 45 days after receiving the request,
shall determine if monitoring is appropriate.
``(3) If the determination under paragraph (2) is affirmative, the
President shall request, under subsection (g), the Commission to
monitor and investigate the imports concerned for a period not to
exceed 2 years.''.
SEC. 3. EARLY RELEASE OF IMPORT DATA.
In order to facilitate the early identification of potentially
disruptive import surges, the Director of the Office of Management and
Budget may grant an exception to the publication dates established for
the release of data on United States international trade in goods and
services in order to permit public access to preliminary international
trade import data, if the Director notifies the Congress of the early
release of the data.
SEC. 4. ESTABLISHMENT OF IMPORT MONITORING CENTER.
Section 301 of the Customs Procedural Reform and Simplification Act
of 1978 (19 U.S.C. 2075) is amended by adding at the end the following:
``(h) Steel Import Monitoring and Enforcement Support Center.--
There are authorized to be appropriated for a Steel Import Monitoring
and Enforcement Support Center in the United States Customs Service, in
addition to amounts otherwise available for such purposes, $250,000 for
fiscal year 1999, and $1,000,000 for fiscal year 2000.''.
SEC. 5. AMENDMENT TO TARIFF ACT OF 1930.
Section 484(f) of the Tariff Act of 1930 (19 U.S.C. 1484(f)) is
amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following:
``(2) The Secretary of the Treasury, the Secretary of Commerce, and
the International Trade Commission shall establish a suffix to the
Harmonized Tariff Schedule of the United States for merchandise that is
subject to countervailing duty orders or antidumping duty orders under
title VII of this Act, or subject to actions by the President under
chapter 1 of title II, or section 406, of the Trade Act of 1974.''.
SEC. 6. PRODUCT MONITORING.
(a) In General.--The Secretary of Commerce shall monitor imports on
a monthly basis for import surges and potential unfair trade through
the year 2000. Products to be monitored shall be determined by the
Secretary of Commerce based on the import surge data compiled by the
Secretary, but shall include, at a minimum, steel mill products and
other import-sensitive products identified by United States industries
or entities representative of a United States industry that meet the
necessary criteria established by the Secretary. In determining whether
to monitor imports of a specific product, the Secretary shall consider
the percentage increase in imports, the volume or value of imports, as
appropriate, the level of import penetration, and any other factors the
Secretary considers necessary.
(b) Reporting Requirements.--Within 30 days after the release of
the official December import statistics for calendar year 1999 and for
calendar year 2000, the Secretary of Commerce shall submit a report to
the Congress summarizing the monitoring activities under this section
for that calendar year and identifying products to be monitored in the
next calendar year. In addition, in the report to the Congress covering
calendar year 1999, the Secretary of Commerce shall determine whether
trade conditions during the calendar year 1999 merit extending the
import monitoring program beyond the program's scheduled expiration at
the end of calendar year 2000.
SEC. 7. ITC INVESTIGATION OF ANTICOMPETITIVE PRACTICES IN INTERNATIONAL
STEEL TRADE.
(a) In General.--Within 30 days after the date of the enactment of
this Act, the United States International Trade Commission shall
commence an investigation under section 332 of the Tariff Act of 1930--
(1) to collect information on anticompetitive practices in
international steel trade;
(2) to assess the adverse effects of such practices on
United States producers, workers, and consumers;
(3) to collect information on import licensing arrangements
of other members of the World Trade Organization; and
(4) to report to the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the
Senate, and the United States Trade Representative on its
findings within 1 year after the date of the enactment of this
Act.
(b) Inclusion in National Trade Estimate Report.--The United States
Trade Representatives shall include the findings of the International
Trade Commission under subsection (a) in a special section of the
report submitted under section 181(b) of the Trade Act of 1974 after
the 1-year period beginning on the date of the enactment of this Act,
in which the Trade Representative shall identify and explain any
anticompetitive practices in international steel trade, evaluate the
compatibility of import licensing programs with obligations under the
World Trade Organization, and propose steps to be taken to address
anticompetitive practices and practices inconsistent with the World
Trade Organization.
(c) Definitions.--For purposes of this section, the term
``anticompetitive practices in international steel trade'' means--
(1) monopolies or cartels, whether or not sanctioned by
government authorities, which restrict the output, delivery, or
pricing of steel products;
(2) agreements between steel producers, whether or not
sanctioned by government authorities, to restrict the flow of
steel products or limit price competition in international
steel trade; and
(3) coercion or threats by manufacturers to distributors or
consumers which have the effect of restricting imports of steel
products.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Commerce.--(1) There are authorized to be
appropriated to the Department of Commerce, in addition to the amounts
otherwise available for such purposes, $1,200,000 for fiscal year 1999
and $5,200,000 for fiscal year 2000 for additional staff to conduct
import monitoring, subsidy enforcement, and prompt antidumping
investigations under subtitle B of title VII of the Tariff Act of 1930.
(b) USTR.--There is authorized to be appropriated to the Office of
the United States Trade Representative, in addition to amounts
otherwise available for such purposes, $250,000 for fiscal year 1999
and $750,000 for fiscal year 2000 for additional staff--
(1) to promote and defend policy with respect to United
States import safeguards and countervailing or antidumping duty
actions if challenged in the World Trade Organization; and
(2) to identify foreign trade-distorting measures and
develop policies and responsive actions to address them.
(c) ITC.--There are authorized to be appropriated to the Office of
the United States International Trade Commission, in addition to
amounts otherwise available for such purposes, such sums as may be
necessary for fiscal year 1999, and such sums as may be necessary for
each of fiscal years 2000 through 2002, for additional staff to make
prompt determinations under section 202 (b) and (d) of the Trade Act of
1974. | (Sec. 1) Revises certain factors the International Trade Commission (ITC) must consider when investigating to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury (or threat) to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial.
Directs the ITC, when a petition filed by an industry (or a request by the President, United States Trade Representative (USTR), a resolution of specified congressional committees, or on the ITC's own motion) requesting a positive adjustment to import competition alleges that critical circumstances exist, to make a serious injury (or threat) determination with respect to such competition not later than 45 days (currently 60 days) after such petition or request is filed. Requires the President within 20 days (currently, 30 days) after receiving an affirmative determination to provide provisional relief to prevent or remedy such injury. Requires with respect to the implementation of such provisional relief that it will not have an adverse impact on the United States substantially out of proportion to the benefits of such action.
Requires provisional relief recommended by the ITC to take effect upon the enactment of a joint resolution of Congress within the 60 day (currently, 90 day) period beginning on the date that the President reports to Congress on what action, if any, is to be taken.
(Sec. 2) Amends the Tariff Act of 1930 to authorize an entity (including a trade association, firm, certified or recognized union, or group of workers which is representative of a domestic industry that produces an article that is like or directly competitive with an imported article) to file a request to monitor to such imports, based on a petition that alleges that an article is being imported into the United States in such increased quantities as to cause serious injury (or threat) to the domestic industry. Requires the President to determine whether to monitor within 45 days after receiving a request.
(Sec. 3) Authorizes the Director of the Office of Management and Budget, in order to facilitate the early identification of potentially disruptive import surges, to grant an exception to the publication dates established for the release of data on U.S. international trade in goods and services in order to permit public access to preliminary international trade import data, if the Director notifies Congress of the early release of such data.
(Sec. 4) Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to establish a Steel Import Monitoring and Enforcement Support Center in the Customs Service.
(Sec. 5) Directs the Secretary of the Treasury, the Secretary of Commerce, and the ITC to establish a suffix to the Harmonized Tariff Schedule of the United States for merchandise that is subject to countervailing duty orders or antidumping duty orders.
(Sec. 6) Directs the Secretary of Commerce to monitor, and report to Congress on, imports (including steel mill products and other import-sensitive products) on a monthly basis for import surges and potential unfair trade through 2000.
(Sec. 7) Directs the ITC to investigate, collect information, and report to specified congressional committees on anticompetitive practices in international steel trade. Requires the ITC's findings to be included in the National Trade Estimate report.
(Sec. 8) 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 ``President John F. Kennedy
Assassination Records Collection Extension Act of 1994''.
SEC. 2. EXTENSION OF ACT.
Section 7(o)(1) of the President John F. Kennedy Assassination
Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended--
(1) by striking ``2 years after the date of enactment of this
Act'' and inserting ``September 30, 1996''; and
(2) by striking ``2-year''.
SEC. 3. AMENDMENTS RELATING TO REVIEW BOARD POWERS.
Section 7(j)(1) of the President John F. Kennedy Assassination
Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended--
(1) in subparagraph (E) by striking ``and'' after the
semicolon;
(2) in subparagraph (F) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(G) use the Federal Supply Service in the same manner and
under the same conditions as other departments and agencies of
the United States; and
``(H) use the United States mails in the same manner and
under the same conditions as other departments and agencies of
the United States.''.
SEC. 4. AMENDMENTS RELATING TO REVIEW BOARD PERSONNEL.
(a) Security Clearance for Review Board Personnel.--Section 8 of
the President John F. Kennedy Assassination Records Collection Act of
1992 (44 U.S.C. 2107 note) is amended by adding at the end the
following:
``(e) Security Clearance Required.--An individual employed in any
position by the Review Board (including an individual appointed as
Executive Director) shall be required to qualify for any necessary
security clearance prior to taking office in that position, but may be
employed conditionally in accordance with subsection (b)(3)(B) before
qualifying for that clearance.''.
(b) Appointment and Termination of Staff, Generally.--Section 8(b)
of the President John F. Kennedy Assassination Records Collection Act
of 1992 (44 U.S.C. 2107 note) is amended by striking ``(b) Staff.--''
and all that follows through the end of paragraph (1) and inserting the
following:
``(b) Staff.--(1) The Review Board, without regard to the civil
service laws, may appoint and terminate additional personnel as are
necessary to enable the Review Board and its Executive Director to
perform the duties of the Review Board.''.
(c) Review Board Administrative Staff.--Section 8(b)(2) of the
President John F. Kennedy Assassination Records Collection Act of 1992
(44 U.S.C. 2107 note) is amended--
(1) by striking ``A person'' and inserting ``(A) Except as
provided in subparagraph (B), a person''; and
(2) by adding at the end the following:
``(B) An individual who is an employee of the Government may be
appointed to the staff of the Review Board if in that position the
individual will perform only administrative functions.''.
(d) Conditional Employment of Staff.--Section 8(b)(3)(B) of the
President John F. Kennedy Assassination Records Collection Act of 1992
(44 U.S.C. 2107 note) is amended to read as follows:
``(B)(i) The Review Board may offer conditional employment to a
candidate for a staff position pending the completion of security
clearance background investigations. During the pendency of such
investigations, the Review Board shall ensure that any such employee
does not have access to, or responsibility involving, classified or
otherwise restricted assassination record materials.
``(ii) If a person hired on a conditional basis under clause (i) is
denied or otherwise does not qualify for all security clearances
necessary to carry out the responsibilities of the position for which
conditional employment has been offered, the Review Board shall
immediately terminate the person's employment.''.
(e) Compensation of Staff.--Section 8(c) of the President John F.
Kennedy Assassination Records Collection Act of 1992 (21 U.S.C. 2107
note) is amended to read as follows:
``(c) Compensation.--Subject to such rules as may be adopted by the
Review Board, the chairperson, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates, may--
``(1) appoint an Executive Director, who shall be paid at a
rate not to exceed the rate of basic pay for level V of the
Executive Schedule; and
``(2) appoint and fix compensation of such other personnel as
may be necessary to carry out this Act.''.
SEC. 5. TECHNICAL CORRECTION.
Section 6(1) of the President John F. Kennedy Assassination Records
Collection Act of 1992 (44 U.S.C. 2107 note) is amended in the matter
preceding subparagraph (A) by inserting ``record'' after ``the
assassination''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | President John F. Kennedy Assassination Records Collection Extension Act of 1994 - Extends the President John F. Kennedy Assassination Records Collection Act of 1992. Revises Review Board powers and personnel requirements.
Requires security clearances for Review Board employees. |
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 ``Tax Simplification for Americans Act
of 2004''.
SEC. 2. HEAD OF HOUSEHOLD FILING STATUS CHANGED TO SINGLE HEAD OF
HOUSEHOLD.
(a) In General.--The following provisions of the Internal Revenue
Code of 1986 are each amended by striking ``head of a household'' each
place it appears and inserting ``single head of household'':
(1) Subsection (b) of section 1.
(2) Paragraphs (1) and (3) of section 2(b).
(3) The table in section 25B(b).
(4) Clause (iii) of section 151(c)(6)(B).
(5) Clauses (ii) and (iii) of section 151(d)(3)(C).
(6) Subparagraph (A) of section 6012(a)(1).
(b) Other Conforming Amendments.--
(1) Subparagraph (B) of section 63(c)(2) of such Code is
amended by striking ``head of household'' and inserting
``single head of household''.
(2) Section 1 of such Code is amended--
(A) in the heading for subsection (b) by inserting
``Single'' before ``Heads'' ,
(B) in subsection (c) by inserting ``single''
before ``head'', and
(C) in the heading of subsection (c) by inserting
``single'' before ``heads''.
(3) The heading for section 2(b) of such Code is amended to
read as follows: ``Definition of Single Head of Household''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. EXPANDED AVAILABILITY OF 1040EZ AND 1040A.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7529. DOLLAR THRESHOLD FOR THE USE OF FORMS 1040EZ AND 1040A.
``(a) In General.--An individual shall not be ineligible to use
Form 1040EZ and Form 1040A for filing individual income tax returns on
the basis of--
``(1) the amount of the taxpayer's taxable interest income,
or
``(2) the amount of the taxpayer's taxable income,
so long as the taxpayer's taxable income does not exceed $100,000.
``(b) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2004, the $100,000 dollar amount in
subsection (a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2003' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Dollar threshold for the use
of forms 1040EZ and 1040A.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 4. SIMPLIFICATION THROUGH ELIMINATION OF INOPERATIVE PROVISIONS.
(a) In General.--
(1) Adjustments in tax tables so that inflation will not
result in tax increases.--Paragraph (7) of section 1(f) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(7) Special rule for certain brackets.--In prescribing
tables under paragraph (1) which apply to taxable years
beginning in a calendar year after 1994, the cost-of-living
adjustment used in making adjustments to the dollar amounts at
which the 36 percent rate bracket begins or at which the 39.6
percent rate bracket begins shall be determined under paragraph
(3) by substituting `1993' for `1992'.''.
(2) Earned income credit.--Paragraph (1) of section 32(b)
of such Code is amended--
(A) by striking subparagraphs (B) and (C), and
(B) in subparagraph (A) by striking ``(A) In
general.--In the case of taxable years beginning after
1995'' and moving the table 2 ems to the left.
(3) Annuities; certain proceeds of endowment and life
insurance contracts.--Section 72 of such Code is amended--
(A) in subsection (c)(4) by striking ``; except
that if such date was before January 1, 1954, then the
annuity starting date is January 1, 1954'', and
(B) in subsection (g)(3) by striking ``January 1,
1954, or'' and ``, whichever is later''.
(4) Accident and health plans.--Section 105(f) of such Code
is amended by striking ``or (d)''.
(5) Flexible spending arrangements.--Section 106(c)(1) of
such Code is amended by striking ``Effective on and after
January 1, 1997, gross'' and inserting ``Gross''.
(6) Certain combat zone compensation of members of the
armed forces.--Subsection (c) of section 112 of such Code is
amended--
(A) by striking ``(after June 24, 1950)'' in
paragraph (2), and
(B) striking ``such zone;'' and all that follows in
paragraph (3) and inserting ``such zone.''.
(7) Principal residence.--Section 121(b)(3) of such Code is
amended--
(A) by striking subparagraph (B), and
(B) in subparagraph (A) by striking ``(A) In
general.--'' and moving the text 2 ems to the left.
(8) Certain reduced uniformed services retirement pay.--
Section 122(b)(1) of such Code is amended by striking ``after
December 31, 1965,''.
(9) Mortgage revenue bonds for residences in federal
disaster areas.--Section 143(k) of such Code is amended by
striking paragraph (11).
(10) State legislators' travel expenses away from home.--
Paragraph (4) of section 162(h) of such Code is amended by
striking ``For taxable years beginning after December 31, 1980,
this'' and inserting ``This''.
(11) Health insurance costs of self-employed individuals.--
Paragraph (1) of section 162(l) of such Code is amended to read
as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to 100 percent of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer and the taxpayer's spouse and dependents.''.
(12) Interest.--
(A) Section 163 of such Code is amended--
(i) by striking paragraph (6) of subsection
(d), and
(ii) by striking paragraph (5) of
subsection (h).
(B) Section 56(b)(1)(C) of such Code is amended by
striking clause (ii) and by redesignating clauses
(iii), (iv), and (v) as clauses (ii), (iii), and (iv),
respectively.
(13) Amounts received by surviving annuitant under joint
and survivor annuity contract.--Subparagraph (A) of section
691(d)(1) of such Code is amended by striking ``after December
31, 1953, and''.
(14) Income taxes of members of armed forces on death.--
Section 692(a)(1) of such Code is amended by striking ``after
June 24, 1950''.
(15) Tax on nonresident alien individuals.--Subparagraph
(B) of section 871(a)(1) of such Code is amended to read as
follows:
``(B) gains described in subsection (b) or (c) of
section 631,''.
(16) Old-age, survivors, and disability insurance.--
Subsection (a) of section 1401 of such Code is amended by
striking ``the following percent'' and all that follows and
inserting ``12.4 percent of the amount of the self-employment
income for such taxable year.''.
(17) Hospital insurance.--Subsection (b) of section 1401 of
such Code is amended by striking ``the following percent'' and
all that follows and inserting ``2.9 percent of the amount of
the self-employment income for such taxable year.''.
(18) Ministers, members of religious orders, and christian
science practitioners.--Paragraph (3) of section 1402(e) of
such Code is amended by striking ``whichever of the following
dates is later: (A)'' and by striking ``; or (B)'' and all that
follows and inserting a period.
(19) Withholding of tax on nonresident aliens.--The first
sentence of subsection (b) of section 1441 of such Code and the
first sentence of paragraph (5) of section 1441(c) of such Code
are each amended by striking ``gains subject to tax'' and all
that follows through ``October 4, 1966'' and inserting ``and
gains subject to tax under section 871(a)(1)(D)''.
(20) Retirement.--Section 7447(i)(3)(B)(ii) of such Code is
amended by striking ``at 4 percent per annum to December 31,
1947, and at 3 percent per annum thereafter'', and inserting
``at 3 percent per annum''.
(21) Annuities to surviving spouses and dependent children
of judges.--
(A) Paragraph (2) of section 7448(a) of such Code
is amended by striking ``or under section 1106 of the
Internal Revenue Code of 1939'' and by striking ``or
pursuant to section 1106(d) of the Internal Revenue
Code of 1939''.
(B) Subsection (g) of section 7448 of such Code is
amended by striking ``or other than pursuant to section
1106 of the Internal Revenue Code of 1939''.
(C) Subsections (g), (j)(1), and (j)(2) of section
7448 of such Code are each amended by striking ``at 4
percent per annum to December 31, 1947, and at 3
percent per annum thereafter'' and inserting ``at 3
percent per annum''.
(b) Effective Date.--
(1) General rule.--Except as otherwise provided in
paragraph (2), the amendments made by subsection (a) shall take
effect on the date of enactment of this Act.
(2) Savings provision.--If--
(A) any provision amended or repealed by subsection
(a) applied to--
(i) any transaction occurring before the
date of the enactment of this Act,
(ii) any property acquired before such date
of enactment, or
(iii) any item of income, loss, deduction,
or credit taken into account before such date
of enactment, and
(B) the treatment of such transaction, property, or
item under such provision would (without regard to the
amendments made by subsection (a)) affect the liability
for tax for periods ending after such date of
enactment,
nothing in the amendments made by subsection (a) shall be
construed to affect the treatment of such transaction,
property, or item for purposes of determining liability for tax
for periods ending after such date of enactment.
Passed the House of Representatives July 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Tax Simplification for Americans Act of 2004 - Amends the Internal Revenue Code to: (1) rename the "head of household" filing status as "single head of household;" and (2) increase to $100,000 (with annual inflation adjustments after 2004) the income limit for use of tax forms 1040EZ and 1040A.
Repeals or amends certain expired or inoperative provisions of the Internal Revenue Code. Enacts a savings provision to prevent changes in tax liability resulting from repeals or amendments made by this Act for periods ending after enactment 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 ``Private Security Officer Employment
Authorization Act of 2007''.
SEC. 2. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY
OFFICER EMPLOYMENT.
Section 6402 of the Private Security Officer Employment
Authorization Act of 2004 (28 U.S.C. 534 note) is amended--
(1) in subsection (c)(2)(B), by inserting ``, or through an
entity designated by the Attorney General,'' after
``identification bureau'';
(2) in subsection (d)(1)--
(A) in subparagraph (A), by inserting ``, or to an
entity designated by the Attorney General,'' after
``participating State''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``to the
State identification bureau of the
participating State'';
(ii) by inserting after clause (ii) the
following new clause:
``(iii) Accuracy and completeness.--The
Attorney General shall ensure that there is a
process whereby a covered employee subject to a
request for a National Crime Information Center
criminal history records check under subsection
(c)(1) will have the opportunity to provide to
the head of the National Crime Information
Center of the Federal Bureau of Investigation
information concerning the accuracy or
completeness of such results. The covered
employee involved must provide such information
within 30 days after the employee receives such
results.''.
(C) in subparagraph (C)--
(i) in the heading, by inserting ``or
authorized employer or entity'' after bureau;
(ii) in the text following the heading, by
striking ``submitted through the State
identification bureau of a participating State,
the Attorney General shall'' and inserting
``the Attorney General or an entity designated
by the Attorney General shall''; and
(iii) in clause (ii), by inserting ``or, if
submitted through an entity designated by the
Attorney General, to the employer or entity,''
before ``requesting the information'';
(D) in subparagraph (D)--
(i) in clause (i), by striking ``the
information shall be used only as provided in
clause (ii)'' and inserting ``or by an
authorized employer or entity, the information
shall be used only as provided in this Act'';
and
(ii) by amending clause (ii) to read as
follows:
``(ii) Prohibition.--An authorized employer
may not employ a covered employee to provide a
security service described in subparagraph (B),
unless, in the case of--
``(I) a participating State that
has no State standards for
qualification to be a private security
officer, the State shall notify an
authorized employer as to the fact of
whether the employee has any unpardoned
conviction under any Federal or State
law of any felony or any one or more of
the following offenses, except that,
for crimes other than those described
in subsection (ll), records will only
be provided for convictions that
occurred during the previous 10 years
or for which the employee completed
serving a prison sentence within the
previous 5 years:
``(aa) Illegally using,
carrying, or possessing any
firearm or other dangerous
weapon.
``(bb) Making or possessing
an instrument, the primary use
of which would be to facilitate
burglary, theft, or a similar
crime.
``(cc) Buying or receiving
stolen property.
``(dd) Unlawful entry of a
building.
``(ee) Aiding escape from
prison.
``(ff) Unlawfully
possessing or distributing any
illegal narcotic drug.
``(gg) Any act involving
theft, including theft by
deception.
``(hh) Recklessly
endangering another person.
``(ii) Making any threat of
terror.
``(jj) Any crime of
violence against another
individual, including assault
or battery, or any crime of
violence against the property
of an individual.
``(kk) Attempting or
conspiring to commit any of the
offenses described in
subclauses (I) through (X).
``(ll) Any other offense
relevant to the ability of the
covered employee to provide
reliable security services, as
specified by the Attorney
General by regulation;
``(II) a participating State that
has State standards for qualification
to be a private security officer, the
State shall use the information
received pursuant to this Act in
applying the State standards and shall
only notify the employer of the results
of the application of the State
standards; or
``(III) an authorized employer or
entity request through an entity
designated by the Attorney General, the
Attorney General shall notify the
authorized employer or entity as to the
fact of whether an employee has any
unpardoned conviction under any Federal
or State law of any felony or any one
or more of the following offenses,
except that, for crimes other than
those described in subsection (ll),
records will only be provided for
convictions that occurred during the
previous 10 years or for which the
covered employee completed serving a
prison sentence within the previous 5
years:
``(aa) Illegally using,
carrying, or possessing any
firearm or other dangerous
weapon.
``(bb) Making or possessing
an instrument, the primary use
of which would be to facilitate
burglary, theft, or a similar
crime.
``(cc) Buying or receiving
stolen property.
``(dd) Unlawful entry of a
building.
``(ee) Aiding escape from
prison.
``(ff) Unlawfully
possessing or distributing any
illegal narcotic drug.
``(gg) Any act involving
theft, including theft by
deception.
``(hh) Recklessly
endangering another person.
``(ii) Making any threat of
terror or engaging in any act
of terror.
``(jj) Any crime of
violence against another
individual, including assault
or battery, or any crime of
violence against the property
of an individual.
``(kk) Attempting or
conspiring to commit any of the
offenses described in
subclauses (I) through (X).
``(ll) Any other offense
relevant to the ability of the
covered employee to provide
reliable security services, as
specified by the Attorney
General by regulation.'';
(E) by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph
(D) the following new subparagraph:
``(E) Notifications.--With regard to records that
are incomplete, notifications under subparagraph
(D)(ii)(lll) shall also provide notice of any state(s)
in which such records may be completed or verified.'';
and
(F) by adding at the end the following new
subparagraph:
``(G) Records management.--
``(i) In general.--An authorized employer
receiving any results from a criminal history
records check carried out under subsection
(c)(1), with respect to a covered employee,
shall ensure each of the following:
``(I) Such results are maintained
confidentially.
``(II) Such results are not misused
or disseminated to any person not
involved in the employment decision
with respect to the covered employee.
``(III) Subject to paragraph (2),
such results are destroyed within one
year after the latter of the following
dates, with respect to such results:
``(aa) The first of the
following dates:
``(AA) The date of
the decision whether to
employ or continue to
employ the covered
employee.
``(BB) The date
that is one year after
the date on which the
authorized employer
received the results.
``(bb) The date that is one
year after the final
disposition of a claim or
proceeding relating to the
employment of the covered
employee.
``(ii) No destruction of results if related
claim pending.--In no case shall the results
from a criminal history records check carried
out under subsection (c)(1) be destroyed
pursuant to paragraph (1)(C) while a claim or
proceeding described in clause (ii) of such
paragraph is pending.'';
(3) in subsection (d)(2)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by redesignating subparagraph (C) as
subparagraph (E); and
(C) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) standards for the scope of access and the
methods and time frames for providing access and
responses for these checks, including a requirement
that a participating state or the FBI or designated
entity is required to respond to a submission by an
authorized employer, entity, or consumer reporting
agency within three business days of the submission of
the fingerprints supporting the request for the
criminal history record check;
``(D) a process for providing access for employers
and entities to FBI-maintained criminal history records
when access is unavailable through the state level
because the state has not opted to provide such access
or does not meet the standards set forth by the
Attorney General; and'';
(4) by redesignating paragraphs (4) and (5) of subsection
(d) as paragraphs (6) and (7), respectively, of such
subsection; and
(5) by inserting after paragraph (3) of subsection (d) the
following new paragraphs:
``(4) No liability for good faith determinations.--No
authorized employer shall be liable for any determination made
by such employer in good faith that an offense identified from
a criminal history records check conducted under subsection (c)
for such employer on a covered employee is within the scope of
offenses described in paragraph (2)(D)(ii) for purposes of such
employer making an employment decision with respect to such
employee.
``(5) Rule of construction.--Nothing in paragraph (1) shall
be construed as preventing an authorized employer from making
an employment decision, with respect to a covered employee,
based on any lawful reason not described in such subsection,
including the reason that the results of a criminal history
records check conducted under subsection (c)(1) (or any other
information made available to the employer) on such employee
indicate that the employment of the employee would violate any
applicable State law.''. | Private Security Officer Employment Authorization Act of 2007 - Amends the Private Security Officer Employment Authorization Act of 2004 to: (1) require a process to allow private security guard employees or applicants to challenge the accuracy and completeness of their criminal history records; (2) prohibit private security guard employers from hiring guards without obtaining certain state criminal history information; (3) specify the crimes for which states must provide conviction information to such employers; (4) impose confidentiality and recordkeeping requirements on such employers; and (5) protect such employers from liability for good faith employment determinations based upon available criminal history information. |
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 ``Security and Victory in Iraq Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The national security mission of the United States and
its coalition partners, having removed Saddam Hussein and his
regime from power, is to help establish a sovereign, free,
secure, and united Iraq at peace with its neighbors.
(2) The people of Iraq in 2005 went to the polls in great
numbers and in an historic democratic process elected an
interim government, voted on a new constitution, and elected a
permanent democratic government.
(3) Since its inception, Iraq's democratic government has
been under continuous attack from extremist insurgents,
terrorists, and, more recently, growing sectarian conflict.
(4) The increasing violence is now threatening Iraq's
government, endangering regional stability and creating the
opportunity for safe havens for terrorists.
(5) The National Intelligence Estimate for Iraq, released
February 2, 2007, stated: ``Coalition capabilities, including
force levels, resources, and operations, remain an essential
stabilizing element in Iraq.''. The National Intelligence
Estimate for Iraq stated further that if Coalition forces were
to withdraw rapidly, the intelligence community judges that
neighboring countries--invited by Iraqi factions or
unilaterally--might intervene openly in the conflict.
(6) There is evidence that the sectarian violence is
pulling in neighboring countries, with United States and
coalition commanders in Iraq, intelligence sources, and the
Iraq Study Group all affirming that Syria and Iran are actively
supporting efforts to undermine stability in Iraq, with
reporting attesting that Iran has provided arms, financial
support, and training for militias within Iraq and may be
supplying improvised explosive devices to groups that attack
United States forces.
(7) Israeli Prime Minister Olmert underscored the regional
consequences of a United States withdrawal from Iraq in a
December 11, 2006, interview with the Washington Post and
Newsweek saying: ``If there is a premature pullout before Iraq
has a robust government with a strong authority that can keep
the country from collapsing into an internal civil war, America
will have to think about the possible ramifications on
neighbouring Arab countries with moderate governments. . . .
How will it affect the stability of these countries against the
radical forces that might flourish as a result of a premature
pullout of America?''.
(8) Ayman al-Zawahiri has repeatedly stated the need to
extend the jihad beyond Iraq and wrote in an October 2005
letter to the late al-Qaeda leader al-Zarqawi, that the
Islamist militant extremists ``must not have their mission end
with the expulsion of the Americans from Iraq, and then lay
down their weapons. . . . Instead, their ongoing mission is to
establish an Islamic state, and defend it, and for every
generation to hand over the banner to the one after it . . .''.
(9) This commitment to imposing militant extremist Islam
throughout the world was recently echoed by Iranian leader
Mahmoud Ahmadinejad, who was quoted as saying on January 5,
2007: ``We don't shy away from declaring that Islam is ready to
rule the world. . . . We must prepare ourselves to rule the
world.''.
(10) The failure to secure Iraq would threaten America's
vital national security interests, in a strategically important
region in the world, and our homeland security interests.
(11) Recognizing the investment of troops and resources had
outpaced results in Iraq, the President and a congressionally-
established commission, the Iraq Study Group, conducted
reappraisals of our policies and strategies in Iraq.
(12) The President outlined a new strategy on January 10,
2007, to immediately further United States national security
priorities, to provide greater security for the Iraqi
population, and to accelerate progress on essential political,
social, and economic reforms necessary to the long-term
stability of the central government and the country.
(13) On January 26, 2007, the United States Senate
unanimously confirmed General David H. Petraeus as the new
commander of United States and allied forces in Iraq. During
his confirmation hearings, General Petraeus addressed the
negative consequences a premature withdrawal would have on
United States interests and regional stability, as well as the
positive encouragement a congressionally-passed resolution of
disapproval regarding the new strategy would have on United
States enemies operating in Iraq.
(14) In addition, General Petraeus, as he himself has
stated, cannot accomplish his new mission without the
deployment of the additional troops, which would reinforce
United States and allied forces. It is not in the best national
security interests of the United States to support unanimously
a new commanding general given his mission and then deny him
the resources to be successful in that mission.
(15) Despite policy disagreements, all Members of Congress
support the members of the United States Armed Forces, who have
served honorably in their mission to fight terrorism and to
protect the security of the United States.
(16) The members of the Armed Forces and their families
have made sacrifices, in many cases the ultimate sacrifice, to
protect the security of the United States and the freedom of
its citizens.
(17) Failure to fully provide resources to military forces
deployed in support of operations in Iraq will negatively
impact our troops' morale and result in increasing casualties
and make the mission to secure Iraq impossible.
SEC. 3. CERTIFICATION RELATING TO EFFORTS BY THE GOVERNMENT OF IRAQ.
Not later than 30 days after the date of the enactment of this Act,
and every 30 days thereafter, the President shall transmit to the
appropriate congressional committees a certification that contains a
determination of the President of the extent to which--
(1) the Government of Iraq is fully cooperating with United
States stability efforts in Iraq; and
(2) the Government of Iraq has taken effective steps and
made demonstrable progress toward--
(A) completing the process of purging from its
security services those individuals with ties to
insurgents, sectarian militias, and terrorism;
(B) developing and implementing a rotation schedule
that allows all Iraqi Army battalions to participate in
operations in battlefield conditions, such as those
combat conditions found in Baghdad and al Anbar
Province;
(C) denying terrorists and their state-sponsors,
particularly Iran and Syria, the use of Iraqi territory
as a terrorist sanctuary;
(D) developing and implementing a strategy to
promote tolerance, peace, and co-existence among
Iraqis, which should particularly address how to
decrease sectarian tensions and violence;
(E) providing and ensuring equal access to
resources to all Iraqis and augmenting the capability
of reconstruction programs and economic institutions;
(F) adopting reforms to promote justice, equality,
and the rule of law, and ensuring financial and
transparent accountability of all Iraqi Government
ministries and operations; and
(G) cooperating and coordinating internationally to
help stabilize Iraq.
SEC. 4. REPORT.
Not later than 30 days after the date of the enactment of this Act,
and every 30 days thereafter, the President shall transmit to the
appropriate congressional committees a report that--
(1) details the progress in the implementation of the Iraq
strategy, ``A New Way Forward,'' announced by the President on
January 10, 2007;
(2) details the progress of the Government of Iraq in
meeting the benchmarks described in section 3 of this Act;
(3) identifies the level of combat experience of all Iraqi
Army battalions, provides details on the development and
implementation of a rotation schedule to ensure that all Iraqi
Army battalions experience combat operations in battlefield
conditions, and identifies the extent to which the Iraqi
Ministry of Defense has deployed Iraqi military units that are
needed to secure Baghdad and al Anbar Province;
(4) tracks expenditures of Iraqi funds, which are allocated
for the Iraqi Army, for the purpose of equipping the Iraqi
Army;
(5) measures the effectiveness of the police force in
Baghdad using normally accepted crime statistics;
(6) assesses the contributions by allies of the United
States to provide support to the Government and people of Iraq;
and
(7) identifies the steps the Government of the United
States is taking to hold the Government of Iraq accountable in
meeting the benchmarks described in section 3 of this Act and
in providing funding for the Provincial Reconstruction Teams in
Iraq.
SEC. 5. INTERAGENCY ASSESSMENT.
(a) Interagency Assessment Required.--The President shall require
all relevant departments and agencies of the Government of the United
States to conduct an interagency assessment of the impact that
withdrawal of United States Armed Forces from Iraq would have on the
national security and homeland security interests of the United States,
as well as an assessment on the impact that such a withdrawal would
have for United States allies in the region.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall transmit to the appropriate
congressional committees a report that contains the results of the
interagency assessment conducted under subsection (a).
SEC. 6. SELECT BIPARTISAN COMMITTEE TO MONITOR UNITED STATES POLICY AND
STRATEGY FOR IRAQ.
(a) Establishment.--There is hereby established in the House of
Representatives the Select Bipartisan Committee to Monitor United
States Policy and Strategy for Iraq (hereinafter referred to as the
``select committee'').
(b) Composition.--
(1) In general.--The select committee shall be composed of
10 members appointed by the Speaker of the House of
Representatives, of whom 5 members shall be appointed upon the
recommendation of the minority leader of the House of
Representatives. The Speaker shall designate one member as
chairman of the select committee.
(2) Ex officio members.--The Speaker and the minority
leader of the House of Representatives shall be ex officio
members of the select committee but shall have no vote in the
select committee and may not be counted for purposes of
determining a quorum. The Speaker and the minority leader each
may designate a leadership staff member to assist in their
capacity as ex officio members, with the same access to select
committee meetings, hearings, briefings, and materials as
employees of the select committee and subject to the same
security clearance and confidentiality requirements as staff of
the select committee.
(c) Duties.--
(1) In general.--The select committee is authorized and
directed to monitor the implementation of this Act and to study
proposals from relevant committees of the House of
Representatives, the executive branch, and private sector
entities and individuals as the select committee considers
appropriate concerning the development of United States policy
and strategy to assist Iraq to achieve a stable, democratic
government and security forces capable of establishing and
maintaining security and stability.
(2) Report.--Not later than 180 legislative days after the
date on which all members of the select committee have been
appointed pursuant to subsection (b)(1), the select committee
shall submit to the House of Representatives a report that
contains a summary of the activities of the select committee
carried out under paragraph (1) and any findings or
recommendations relating to such activities.
(d) Procedure.--Rule XI of the Rules of the House of
Representatives, including the items referred to in the following
paragraphs, shall apply to the select committee:
(1) Clause 2(j)(1) of rule XI (guaranteeing the minority
additional witnesses).
(2) Clause 2(m)(3) of rule XI (providing for the authority
to subpoena witnesses and documents).
In addition, access by the select committee to classified information
and other national security information shall be conducted consistent
with the Rules of the House of Representatives.
(e) Joint Operations.--The chairman of the select committee, in
carrying out the duties described in subsection (c), shall consult with
the chairman of a Senate committee conducting duties similar to the
duties described in subsection (c) regarding meeting jointly to receive
testimony, the scheduling of hearings or issuance of subpoenas, and
joint staff interviews of key witnesses.
(f) Staff; Funding.--
(1) Staff.--
(A) Use of existing house staff.--To the greatest
extent practicable, the select committee shall utilize
the services of staff of employing entities of the
House of Representatives. At the request of the
chairman in consultation with the ranking minority
member, staff of employing entities of the House of
Representatives or a joint committee may be detailed to
the select committee to carry out this section and
shall be deemed to be staff of the select committee.
(B) Other staff.--The chairman, upon consultation
with the ranking minority member, may employ and fix
the compensation of such staff as the chairman
considers necessary to carry out this resolution.
(2) Funding.--There shall be paid out of the applicable
accounts of the House of Representatives $500,000 for the
expenses of the select committee. Such payments shall be made
on vouchers signed by the chairman and approved in the manner
directed by the Committee on House Administration. Amounts made
available under this paragraph shall be expended in accordance
with regulations prescribed by the Committee on House
Administration.
(g) Dissolution and Disposition of Records.--
(1) Dissolution.--The select committee shall cease to exist
30 days after filing the report required under subsection
(c)(2).
(2) Disposition of records.--Upon dissolution of the select
committee, the records of the select committee shall become the
records of any committee of the House of Representatives
designated by the Speaker of the House of Representatives.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Affairs,
the Committee on Homeland Security, the Permanent
Select Committee on Intelligence, and the Select
Bipartisan Committee to Monitor United States Policy
and Strategy for Iraq (established under section 6 of
this Act) of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Relations,
the Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate.
(2) Legislative day.--The term ``legislative day'' means
any calendar day during which the House of Representatives is
in session.
(3) Terrorist sanctuary.--The term ``terrorist sanctuary''
has the meaning given the term in section 140(d)(5) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f(d)(5) (as added by section 7102(d)(3) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458)). | Security and Victory in Iraq Act of 2007 - Directs the President every 30 days to certify to the appropriate congressional committees the extent to which the government of Iraq: (1) is cooperating with U.S. stability efforts in Iraq; and (2) has made demonstrable progress toward achieving stability and security for its people, denying terrorists a sanctuary in Iraq, and ensuring equal access to resources.
Directs the President every 30 days to report to the appropriate congressional committees respecting: (1) implementation of the Iraq "A New Way Forward" strategy; (2) the government of Iraq's progress in meeting specified benchmarks; (3) Iraqi Army progress and operations; (4) expenditure of funds for the Iraqi Army; (5) effectiveness of the police force in Baghdad; and (6) contributions by U.S. allies to support the government and people of Iraq.
Directs the President to: (1) require all relevant U.S. departments and agencies to conduct an interagency assessment of the impact that U.S. military withdrawal from Iraq would have on U.S. national security and homeland security interests and on U.S. allies in the region; and (2) report to the appropriate congressional committees.
Establishes in the House of Representatives the Select Bipartisan Committee to Monitor United States Policy and Strategy for Iraq. |
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 ``Foreign Cultural Exchange
Jurisdictional Immunity Clarification Act''.
SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF FOREIGN STATES.
(a) In General.--Section 1605 of title 28, United States Code, is
amended by adding at the end the following:
``(h) Jurisdictional Immunity for Certain Art Exhibition
Activities.--
``(1) In general.--If--
``(A) a work is imported into the United States
from any foreign state pursuant to an agreement that
provides for the temporary exhibition or display of
such work entered into between a foreign state that is
the owner or custodian of such work and the United
States or one or more cultural or educational
institutions within the United States;
``(B) the President, or the President's designee,
has determined, in accordance with subsection (a) of
Public Law 89-259 (22 U.S.C. 2459(a)), that such work
is of cultural significance and the temporary
exhibition or display of such work is in the national
interest; and
``(C) the notice thereof has been published in
accordance with subsection (a) of Public Law 89-259 (22
U.S.C. 2459(a)),
any activity in the United States of such foreign state, or of
any carrier, that is associated with the temporary exhibition
or display of such work shall not be considered to be
commercial activity by such foreign state for purposes of
subsection (a)(3).
``(2) Exceptions.--
``(A) Nazi-era claims.--Paragraph (1) shall not
apply in any case asserting jurisdiction under
subsection (a)(3) in which rights in property taken in
violation of international law are in issue within the
meaning of that subsection and--
``(i) the property at issue is the work
described in paragraph (1);
``(ii) the action is based upon a claim
that such work was taken in connection with the
acts of a covered government during the covered
period;
``(iii) the court determines that the
activity associated with the exhibition or
display is commercial activity, as that term is
defined in section 1603(d); and
``(iv) a determination under clause (iii)
is necessary for the court to exercise
jurisdiction over the foreign state under
subsection (a)(3).
``(B) Other culturally significant works.--In
addition to cases exempted under subparagraph (A),
paragraph (1) shall not apply in any case asserting
jurisdiction under subsection (a)(3) in which rights in
property taken in violation of international law are in
issue within the meaning of that subsection and--
``(i) the property at issue is the work
described in paragraph (1);
``(ii) the action is based upon a claim
that such work was taken in connection with the
acts of a foreign government against members of
a targeted group as part of a systematic
confiscation or misappropriation of works in a
manner similar to the actions of a covered
government in subparagraph (A);
``(iii) the taking occurred after 1900;
``(iv) the court determines that the
activity associated with the exhibition or
display is commercial activity, as that term is
defined in section 1603(d); and
``(v) a determination under clause (iv) is
necessary for the court to exercise
jurisdiction over the foreign state under
subsection (a)(3).
``(3) Definitions.--For purposes of this subsection--
``(A) the term `work' means a work of art or other
object of cultural significance;
``(B) the term `covered government' means--
``(i) the Government of Germany during the
covered period;
``(ii) any government in any area in Europe
that was occupied by the military forces of the
Government of Germany during the covered
period;
``(iii) any government in Europe that was
established with the assistance or cooperation
of the Government of Germany during the covered
period; and
``(iv) any government in Europe that was an
ally of the Government of Germany during the
covered period; and
``(C) the term `covered period' means the period
beginning on January 30, 1933, and ending on May 8,
1945.''.
(b) Effective Date.--The amendment made by this section shall apply
to any civil action commenced on or after the date of the enactment of
this Act. | . Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (Sec. 2) This bill amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity cases where rights in property taken in violation of international law are in issue and that property, or any property exchanged for it, is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States, or (2) owned by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States. The bill grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if: the work of art or other object of cultural significance is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or U.S. cultural or educational institutions; and the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; or (2) after 1900 in connection with the acts of a foreign government against members of a targeted group as part of a similar systematic confiscation or misappropriation of works. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign 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 ``Tyler Clementi Higher Education
Anti-Harassment Act of 2010''.
SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR
STUDENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) by striking the subsection heading and inserting
``Disclosure of Campus Security and Harassment Policy and
Campus Crime Statistics.'';
(2) in paragraph (6)(A)--
(A) by redesignating clauses (ii) and (iii) as
clauses (vi) and (vii), respectively; and
(B) by inserting after clause (i) the following:
``(ii) The term `commercial mobile service' has the meaning
given the term in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d)).
``(iii) The term `electronic communication' means any
transfer of signs, signals, writing, images, sounds, or data of
any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photooptical system.
``(iv) The term `electronic messaging services' has the
meaning given the term in section 102 of the Communications
Assistance for Law Enforcement Act (47 U.S.C. 1001).
``(v) The term `harassment' means conduct, including acts
of verbal, nonverbal, or physical aggression, intimidation, or
hostility (including conduct that is undertaken in whole or in
part, through the use of electronic messaging services,
commercial mobile services, electronic communications, or other
technology) that--
``(I) is sufficiently severe, persistent, or
pervasive so as to limit a student's ability to
participate in or benefit from a program or activity at
an institution of higher education, or to create a
hostile or abusive educational environment at an
institution of higher education; and
``(II) is based on a student's actual or
perceived--
``(aa) race;
``(bb) color;
``(cc) national origin;
``(dd) sex;
``(ee) disability;
``(ff) sexual orientation;
``(gg) gender identity; or
``(hh) religion.'';
(3) by redesignating paragraphs (9) through (18) as
paragraphs (10) through (19), respectively; and
(4) by inserting after paragraph (8) the following:
``(9)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall develop and distribute as part of the report described
in paragraph (1) a statement of policy regarding harassment, which
shall include--
``(i) a prohibition of harassment of enrolled students by
other students, faculty, and staff--
``(I) on campus;
``(II) in noncampus buildings or on noncampus
property;
``(III) on public property;
``(IV) through the use of electronic mail addresses
issued by the institution of higher education;
``(V) through the use of computers and
communication networks, including any
telecommunications service, owned, operated, or
contracted for use by the institution of higher
education or its agents; or
``(VI) during an activity sponsored by the
institution of higher education or carried out with the
use of resources provided by the institution of higher
education;
``(ii) a description of the institution's programs to
combat harassment, which shall be aimed at the prevention of
harassment;
``(iii) a description of the procedures that a student
should follow if an incident of harassment occurs; and
``(iv) a description of the procedures that the institution
will follow once an incident of harassment has been reported.
``(B) The statement of policy described in subparagraph (A) shall
address the following areas:
``(i) Procedures for timely institutional action in cases
of alleged harassment, which procedures shall include a clear
statement that the accuser and the accused shall be informed of
the outcome of any disciplinary proceedings in response to an
allegation of harassment.
``(ii) Possible sanctions to be imposed following the final
determination of an institutional disciplinary procedure
regarding harassment.
``(iii) Notification of existing counseling, mental health,
or student services for victims or perpetrators of harassment,
both on campus and in the community.
``(iv) Identification of a designated employee or office at
the institution that will be responsible for receiving and
tracking each report of harassment by a student, faculty, or
staff member.''.
SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an institution of higher education, including
an institution of higher education in a collaborative
partnership with a nonprofit organization; or
(B) a consortium of institutions of higher
education located in the same State.
(2) Harassment.--The term ``harassment'' has the meaning
given the term in section 485(f)(6)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1092(f)(6)(A)), as amended by section 2
of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(b) Program Authorized.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to enable eligible
entities to carry out the authorized activities described in subsection
(d).
(c) Amount of Grant Awards.--The Secretary shall ensure that each
grant awarded under this section is of sufficient amount to enable the
grantee to meet the purpose of this section.
(d) Authorized Activities.--An eligible entity that receives a
grant under this section shall use the funds made available through the
grant to address one or more of the types of harassment listed in
section 485(f)(6)(A)(v)(II) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)(6)(A)(v)(II)), as amended by section 2 of this Act, by
initiating, expanding, or improving programs--
(1) to prevent the harassment of students at institutions
of higher education;
(2) at institutions of higher education that provide
counseling or redress services to students who have suffered
such harassment or students who have been accused of subjecting
other students to such harassment; or
(3) that educate or train students, faculty, or staff of
institutions of higher education about ways to prevent
harassment or ways to address such harassment if it occurs.
(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information, as the Secretary may require.
(f) Duration; Renewal.--A grant under this section shall be awarded
for a period of not more than 3 years. The Secretary may renew a grant
under this section for one additional period of not more than 2 years.
(g) Award Considerations.--In awarding a grant under this section,
the Secretary shall select eligible entities that demonstrate the
greatest need for a grant and the greatest potential benefit from
receipt of a grant.
(h) Report and Evaluation.--
(1) Evaluation and report to the secretary.--Not later than
6 months after the end of the eligible entity's grant period,
the eligible entity shall--
(A) evaluate the effectiveness of the activities
carried out with the use of funds awarded pursuant to
this section in decreasing harassment and improving
tolerance; and
(B) prepare and submit to the Secretary a report on
the results of the evaluation conducted by the entity.
(2) Evaluation and report to congress.--Not later than 12
months after the date of receipt of the first report submitted
pursuant to paragraph (1) and annually thereafter, the
Secretary shall provide to Congress a report that includes the
following:
(A) The number and types of eligible entities
receiving assistance under this section.
(B) The anti-harassment programs being implemented
with assistance under this section and the costs of
such programs.
(C) Any other information determined by the
Secretary to be useful in evaluating the overall
effectiveness of the program established under this
section in decreasing incidents of harassment at
institutions of higher education.
(3) Best practices report.--The Secretary shall use the
information provided under paragraph (1) to publish a report of
best practices for combating harassment at institutions of
higher education. The report shall be made available to all
institutions of higher education and other interested parties.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2013 through 2018.
SEC. 4. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to invalidate or limit
rights, remedies, procedures, or legal standards available to victims
of discrimination under any other Federal law or law of a State or
political subdivision of a State, including title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the
Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations
imposed by this Act are in addition to those imposed by title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). | Tyler Clementi Higher Education Anti-Harassment Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding harassment that includes: (1) a prohibition of harassment of students by other students, faculty, and staff; (2) a description of its programs to prevent harassment; (3) a description of the procedures that students should follow if harassment occurs; and (4) a description of the procedures it will follow once an incident of harassment has been reported.
Defines "harassment" to include certain conduct undertaken through technological means that limits a student's ability to benefit from the IHE's programs, or creates a hostile or abusive educational environment at the school.
Authorizes the Secretary of Education to award competitive grants to IHEs to initiate, expand, or improve programs to: (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; and (3) train students, faculty, or staff to prevent harassment or address harassment if it occurs.
Directs the Secretary to publish a report of best practices for combating harassment at IHEs. |
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 Healthy Food for Young
Children Act''.
SEC. 2. CHILD AND ADULT FOOD CARE PROGRAM.
(a) In General.--Section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``the same as''
and inserting ``10 cents more than'';
(B) in paragraph (2), by striking ``the same as''
and inserting ``10 cents more than'';
(C) in paragraph (3)--
(i) by striking ``30 cents'' and inserting
``94 cents''; and
(ii) by striking ``2.75 cents'' and
inserting ``17 cents''; and
(D) by adding at the end the following:
``(7) Streamlining program paperwork in high poverty
areas.--
``(A) Definitions.--In this paragraph:
``(i) Eligible child care center.--The term
`eligible child care center' means a child care
center with at least 50 percent or more of
children in care qualifying for free or reduced
price meals or categorical eligibility.
``(ii) Nonpricing program.--The term
`nonpricing program' means a program under
which an eligible child center serves to all
children in care at the center meals and
supplements under this section without charge.
``(B) Election of special payments.--
``(i) In general.--An eligible child care
center may elect to receive special payments
under this paragraph in lieu of payments
otherwise made available under this section
based on applications for free and reduced
price meals and supplements if--
``(I) subject to clause (ii),
during the 4 consecutive fiscal years
beginning after the date of the
election, the eligible child care
center elects to operate as a
nonpricing program;
``(II) the eligible child care
center pays, from sources other than
funds made available to carry out the
program under this section, the costs
of serving the meals and supplements
that are in excess of the value of
assistance received under this Act; and
``(III) during the fiscal year in
which the election under this clause is
made, the eligible child care center
had a percentage of enrolled children
that meets or exceeds the threshold
described in subparagraph (A)(i).
``(ii) Election to stop receiving
payments.--An eligible child care center may
elect to stop receiving special payments under
this paragraph for the following fiscal year by
notifying the State agency not later than June
30 of the current fiscal year of the intention
to stop receiving the special payments.
``(C) First year of option.--
``(i) In general.--For each month of the
first fiscal year of the 4-year period during
which an eligible child care center elects to
receive special payments under this paragraph,
special payments at the rate for free meals
shall be made under this subparagraph for all
reimbursable meals served at the eligible child
care center.
``(ii) Calculation.--Special payments under
clause (i) shall be calculated using a blended
per-meal rate based on a formula that
multiplies national average payment rates by
claiming percentages for free, reduced price,
and paid meals.
``(D) Second, third, and fourth years of option.--
``(i) In general.--For each month of the
second, third, and fourth fiscal years of the
4-year period during which an eligible child
care center elects to receive special payments
under this paragraph, special payments at the
blended rate established in the first year of
the option under subparagraph (C) shall be made
under this subparagraph for all reimbursable
meals served at the eligible child care center.
``(ii) Calculation.--Special payments under
clause (i) shall be equal to the product
obtained by multiplying--
``(I) the applicable blended per-
meal rate; by
``(II) the number of meals and
snacks served.'';
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by striking ``(2)(A) Subject to
subparagraph (B) of this paragraph'' and
inserting the following:
``(2) Disbursements.--
``(A) In general.--Subject to subparagraph (B)'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Limitation.--No reimbursement may be made to
any institution under this paragraph, or to family or
group day care home sponsoring organizations under
paragraph (3), for more than--
``(i) 2 meals and 1 supplement per day per
child;
``(ii) 1 meal and 2 supplements per day per
child; or
``(iii) 3 meals and 1 supplement per day
per child, for each child that is maintained in
a child care setting for 8 or more hours per
day.''; and
(iii) in subparagraph (C), by adding at the
end the following:
``(iii) Carryover funds.--The Secretary
shall develop procedures under which not more
than 10 percent of the amount reserved by
sponsoring organizations under clause (i) for
administrative expenses for a fiscal year may
remain available for obligation or expenditure
in the succeeding fiscal year.''; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (ii)--
(aa) in subclause (I), by
striking ``50 percent'' each
place it appears in items (aa)
and (bb) and inserting ``40
percent''; and
(bb) in subclause (III)--
(AA) by striking
``Except as provided in
subclause (IV),'' and
inserting the
following:
``(aa) In general.--Except
as provided in item (bb) and
subclause (IV),''; and
(BB) by adding at
the end the following:
``(bb) Additional
reimbursement.--Effective July
1, 2016, the reimbursement
factor for each meal and
supplement under this
subparagraph shall be increased
by 10 cents per child
served.''; and
(II) in clause (iii)(I)(aa), by
striking ``the reimbursement factors
shall be'' and all that follows through
``supplements'' and inserting ``the
reimbursement factors shall be $1.05
for meals other than breakfast, 37
cents for breakfasts, and 23 cents for
supplements''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by redesignating
subclauses (I) and (II) as
items (aa) and (bb),
respectively, and indenting
appropriately;
(bb) by striking ``(i) In
general.--In addition'' and
inserting the following:
``(i) Reimbursement amount.--
``(I) In general.--Subject to
subclause (II), in addition''; and
(cc) by adding at the end
the following:
``(II) Additional reimbursement.--
Effective July 1, 2016, the
reimbursement factor for administrative
expenses as calculated under subclause
(I) shall be increased by $5.00 per
month for each family or group day care
home of the sponsoring organization.'';
and
(II) in clause (ii), by inserting
before the period at the end ``, except
that no negative adjustments shall be
made''; and
(3) in subsection (n)--
(A) by striking ``(n) There are hereby'' and
inserting the following:
``(n) Funding.--
``(1) In general.--There are''; and
(B) by adding at the end the following:
``(2) Implementation funding.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary shall make funds available to State
agencies administering the child and adult food care
program for State and sponsoring organization
activities relating to training, technical assistance,
and oversight activities for the implementation of the
revised child and adult care food program meal pattern
pursuant to subsection (g)(2)(B) and activities to
increase participation in the child and adult care food
program.
``(B) Provision of funds.--The Secretary shall
provide funds described in subparagraph (A) to State
agencies administering the program under this section
in a manner proportional to the administrative expense
allocation of each State agency during the preceding
fiscal year.
``(C) Distribution.--Subject to subparagraphs (A)
and (B), each State agency administering the program
under this section shall distribute not less than \1/2\
of the funds received under this paragraph to
sponsoring organizations in the State.
``(D) Funding.--
``(i) In general.--For each of the fiscal
year during which the implementing regulations
for the revised child and adult care food
program meal pattern pursuant to subsection
(g)(2)(B) become final regulations, and the
subsequent fiscal year, the Secretary shall use
$50,000,000 of funds made available under
section 3 to make payments to States as
described in subparagraph (A).
``(ii) Reservation.--In providing funds to
States under clause (i), the Secretary may
reserve not more than $3,000,000 per fiscal
year to support Federal administrative
activities to carry out this paragraph.
``(3) Revised meal pattern funding.--
``(A) In general.--On October 1, 2015, and October
1, 2016, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
transfer to the Secretary $10,000,000, to remain
available until expended--
``(i) to provide training, technical
assistance, and oversight for the
implementation of the revised child and adult
care food program meal pattern pursuant to
subsection (g)(2)(B);
``(ii) to promote health and wellness
through activities conducted pursuant to
subsection (u); and
``(iii) to increase participation in the
program under this section.''.
(b) Study on Nutrition and Wellness Quality of Child Care
Settings.--Section 223(c)(1) of the Healthy, Hunger-Free Kids Act of
2010 (Public Law 111-296; 124 Stat. 3229) is amended by inserting ``and
October 1, 2016,'' after ``2010,''.
(c) Reducing Paperwork and Improving Program Administration.--
(1) Definition of program.--In this subsection, the term
``program'' means the child and adult care food program
established under section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766).
(2) Establishment.--The Secretary, in conjunction with
States and participating institutions, shall continue to
examine the feasibility of reducing unnecessary or duplicative
paperwork resulting from regulations and recordkeeping
requirements for State agencies, institutions, family and group
day care homes, and sponsored centers participating in the
program.
(3) Duties.--At a minimum, the examination shall include--
(A) review and evaluation of the recommendations,
guidance, and regulatory priorities developed and
issued to comply with section 336 of the Healthy,
Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note;
Public Law 111-296);
(B) examination of additional paperwork and
administrative requirements that have been established
since January 1, 2016; and
(C) examination of the additional paperwork and
administrative burdens that could be reduced by the
effective use of technology.
(4) Additional duties.--The Secretary, in conjunction with
States and institutions participating in the program, may also
examine any aspect of administration of the program.
(5) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that describes the actions that have been taken to carry
out this section, including--
(A) actions taken to address administrative and
paperwork burdens identified;
(B) additional steps that the Secretary is taking
or plans to take to address any administrative and
paperwork burdens identified under paragraph (3),
including--
(i) new or updated regulations, policy,
guidance, or technical assistance; and
(ii) a timeframe for the completion of
those steps; and
(C) recommendations to Congress for modifications
to existing statutory authorities needed to address
identified administrative and paperwork burdens. | Access to Healthy Food for Young Children Act This bill amends the Richard B. Russell National School Lunch Act to modify the food program for child and adult care institutions and family or group day care homes. The bill increases the payment rate for program meals relative to the national average payment rate for meals served in schools. However, an eligible child care center operating a free-of-charge program in a high-poverty area may elect to instead receive special payments calculated using a blended per-meal rate. Additionally, the bill: (1) increases the reimbursement factor for meals and supplements served by a family or group day care home; (2) raises the per-child limit on the number of meals and supplements for which such a home may receive reimbursement; and (3) reduces the percentage of area children who must come from low-income households in order for a day care home in that area to be excused from specified documentation requirements. With respect to administrative expenses, the bill increases the reimbursement factor for each day care home and prohibits negative adjustments to reimbursement levels. The Department of Agriculture (USDA) must develop procedures under which up a specified percentage of funds reserved by the sponsoring organization of a day care home for administrative expenses may remain available in the succeeding fiscal year. USDA must also: (1) provide state agencies with funding to implement the revised food program, as specified by the bill; and (2) complete a study on reducing paperwork and improving program administration. |
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 Independence Through
Presidential Leadership Act''.
SEC. 2. PRESIDENTIAL LEADERSHIP TO ENACT COMPREHENSIVE ENERGY POLICY.
(a) Congressional Findings.--The Congress finds that:
(1) The United States increasingly depends on foreign
nations to supply its energy needs.
(2) That dependence leaves the United States increasingly
vulnerable to the whims of foreign nations and constitutes a
grave and worsening threat to our national security and our
economy.
(3) Lessening this dependence is not easy, and it cannot be
done in a short period of time.
(4) The United States can lessen its dependence over a
longer period of time by enacting a comprehensive energy policy
designed to address the numerous elements of the problem. Those
elements include: increased domestic energy production
consistent with reasonable environmental guidelines, increased
domestic refining and transportation capacity consistent with
reasonable environmental guidelines, increased diplomatic
pressure on foreign nations that produce oil, increased energy
efficiency of engines and generation facilities, increased use
of renewable energy sources throughout our economy, and a
reformed excise tax structure.
(5) Because the elements of a comprehensive energy policy
are so varied--involving many groups within society and the
jurisdiction of many government agencies and congressional
committees--Congress can only enact such a policy with
committed leadership from the President.
(6) In the meantime, Congress and the President should
provide some minimal relief for consumers hit by high gasoline
prices.
(b) Sense of Congress Resolution.--It is the sense of Congress that
the President should take immediate and appropriate action to lead the
United States in developing and enacting a comprehensive energy policy
to lessen our dependence on foreign nations to supply our energy needs.
SEC. 3. IMMEDIATE CONSUMER RELIEF THROUGH REPEAL OF DEFICIT REDUCTION
TAX.
(a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and
inserting ``14 cents''.
(b) Diesel Fuel and Kerosene.--Clause (iii) of section
4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and
inserting ``20 cents''.
(c) Technical Amendments.--
(1) Subparagraph (B) of section 40(e)(1) of such Code is
amended by striking ``during which the rates of tax under
section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting
``during which the rate of tax under section 4081(a)(2)(A)(i)
does not apply''.
(2) Clauses (i) and (ii) of section 4041(m)(1)(A) of such
Code are amended to read as follows:
``(i) 7 cents per gallon on and after the
date of the enactment of this clause and before
October 1, 2005, and
``(ii) zero after September 30, 2005,
and''.
(3) Subsection (c) of section 4081 of such Code is amended
by striking paragraph (6) and by redesignating paragraphs (7)
and (8) as paragraphs (6) and (7), respectively.
(4) Paragraph (1) of section 4081(d) of such Code is
amended by striking ``4.3 cents per gallon'' and inserting
``zero''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(e) Floor Stock Refunds.--
(1) In general.--If--
(A) before the date of the enactment of this Act,
tax has been imposed under section 4081 of the Internal
Revenue Code of 1986 on any liquid, and
(B) on such date such liquid is held by a dealer
and has not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this subsection referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the amount of such tax which
would be imposed on such liquid had the taxable event occurred
on such date.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless--
(A) claim therefor is filed with the Secretary of
the Treasury before the date which is 6 months after
the date of the enactment of this Act, based on a
request submitted to the taxpayer before the date which
is 3 months after such date of enactment, by the dealer
who held the liquid on such date of enactment, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(3) Exception for fuel held in retail stocks.--No credit or
refund shall be allowed under this subsection with respect to
any liquid in retail stocks held at the place where intended to
be sold at retail.
(4) Definitions.--For purposes of this subsection, the
terms ``dealer'' and ``held by a dealer'' have the respective
meanings given to such terms by section 6412 of such Code.
(5) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this subsection. | Amends the Internal Revenue Code to lower, by 4.3 cents, the tax on highway gasoline and diesel fuel and kerosene. |
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 the
Modernization of the United Nations Act of 2005''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on the Modernization of the United Nations''.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1) conduct a study of the areas specified in this section;
(2) recommend reforms with respect to such areas; and
(3) enumerate methods to implement each recommendation.
(b) Study of Extent of Modernization Within Confines of Present
Charter.--The Commission shall--
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can be effectuated that do not require
substantive changes to be made to the Charter of the United
Nations; and
(2) make recommendations to implement such a modernization.
(c) Study of Extent of Modernization Requiring Modifications to
Present Charter.--The Commission shall--
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can only be effectuated by requiring
substantive changes to be made to the Charter, paying
particular attention to the areas of study enumerated in
subsections (d) through (i); and
(2) make recommendations to implement such a modernization.
(d) Study of Member State Principles.--The Commission shall study
the principles to which states should adhere as members of the United
Nations, paying particular attention to the following:
(1) Whether states that espouse and enforce values that are
counter to the Charter should be permitted to be members of the
United Nations.
(2) What recourse should be available to the United Nations
to respond to a member state that has engaged in conduct
counter to the Charter.
(3) What conduct on the part of a member state would
constitute sufficient grounds for--
(A) expulsion;
(B) condemnation; or
(C) sanction.
(e) Study of Member State Status.--The Commission shall study the
feasibility of mandating the following requirements of member states:
(1) Requirement of regular review by the United Nations of
the status of all member states to determine if member states
continue to adhere to the principles outlined in the Charter.
(2) Requirement for member states to--
(A) sign a ``Declaration of Member States''
declaring that the signatory state agrees to adhere to
the principles of United Nations membership; and
(B) review the principles of the United Nations to
determine whether the state should withdraw from
membership if the state determines that the United
Nations is not adhering to the implementation of the
Charter.
(f) Study of Proportional Representation on Principal Organs.--The
Commission shall study the following:
(1) Whether all states should have one vote in the General
Assembly.
(2) Whether the United Nations should be structured in a
bi-cameral fashion.
(g) Study of Organizational and Business Functions.--The Commission
shall study the following:
(1) Whether auxiliary commissions and organizations of the
United Nations should be funded by member dues.
(2) Whether such commissions and organizations detract from
the Charter principles by draining resources away from the
primary functions of the United Nations.
(3) Whether member states can create caucuses and fund them
to deal with matters of common interest without detracting from
the main objectives of the United Nations.
(h) Study of Use, Structure, and Goals of Peacekeeping and
Humanitarian Efforts.--The Commission shall study the following:
(1) Whether the United Nations should maintain a separate
peacekeeping force.
(2) Identification of successes of past peacekeeping and
humanitarian efforts.
(i) Study of Enforcement of Resolutions.--The Commission shall
study the credibility of resolutions when the United Nations does not
mandate their absolute obedience.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
nine members appointed from among persons who are not officers or
employees of any government, as follows:
(1) Two members appointed by the President.
(2) Two members appointed by the Speaker of the House of
Representatives.
(3) Two members appointed by the Majority Leader of the
Senate.
(4) One member appointed by the Minority Leader of the
Senate.
(5) One member appointed by the Minority Leader of the
House of Representatives.
(6) One member appointed by the Secretary of State
(b) Terms of Office.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Special rule.--A member who is appointed to the
Commission and who subsequently becomes an officer or employee
of any government may not continue as a member.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Chairperson.--The Chairperson of the Commission shall be
elected by the members after consultation with the Speaker and minority
leader of the House of Representatives and the majority leader and
minority leader of the Senate. Pending such election, a provisional
Chairperson shall be designated by the President.
(e) 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.
SEC. 5. DIRECTOR AND STAFF.
(a) Director.--The Commission shall appoint a Director who shall be
paid at the rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(b) Staff.--
(1) In general.--Subject to paragraph (2), the Director,
with the approval of the Commission, may appoint and fix the
pay of additional personnel.
(2) Applicability of certain civil service laws.--The
Director may make such appointments subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and any personnel so appointed shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(d) 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 duties under
this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.
(b) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Commission, the head of that department or agency shall furnish that
information to the Commission.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 7. REPORTS.
(a) Interim Report.--Within six months after the date of the
enactment of this Act, the Commission shall submit to Congress an
interim report on the activities of the Commission under this Act.
(b) Final Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to Congress a final
report containing a statement of the findings, conclusions, and
recommendations of the Commission.
SEC. 8. TERMINATION.
The Commission shall terminate 15 days after submission of its
final report under section 7(b).
SEC. 9. DEFINITIONS.
In this Act:
(1) Charter.--The term ``Charter'' means the Charter of the
United Nations.
(2) Commission.--The term ``Commission'' means the National
Commission on the Modernization of the United Nations.
(3) Member.--The term ``member'' means a member of the
Commission. | National Commission on the Modernization of the United Nations Act of 2005 - Establishes the National Commission on the Modernization of the United Nations to study: (1) the extent of modernization of the organizational structure and practices of the United Nations (UN) that can be effectuated with and without changes to its Charter; (2) the principles to which member states should adhere and the consequences of a state espousing and enforcing values counter to the Charter; (3) the feasibility of mandating each member state to agree to adhere to the principles of UN membership, and to review the principles of the UN to determine whether the state should withdraw if the UN is not adhering to the Charter; (4) whether all states should have one vote in the General Assembly and whether the UN should be structured in a bicameral fashion; (5) whether auxiliary commissions and organizations of the UN should be funded by member dues, whether such entities drain resources away from the primary function of the UN, or whether member states can create and fund caucuses to deal with matters of common interest; (6) whether the UN should have a separate peacekeeping force, while identifying successes of past peacekeeping and humanitarian efforts; and (7) the credibility of resolutions when the UN does not mandate absolute obedience.
Terminates the Commission 15 days after submission of its final report. |
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 ``ACO Improvement Act of 2016''.
SEC. 2. MEDICARE ACO PROGRAM IMPROVEMENTS.
(a) Improving Outcomes Through Greater Beneficiary Engagement.--
(1) In general.--Section 1899 of the Social Security Act
(42 U.S.C. 1395jjj) is amended by adding at the end the
following new subsection:
``(l) Improving Outcomes Through Greater Beneficiary Engagement.--
``(1) Use of beneficiary incentives.--Subject to approval
of the Secretary, the Secretary shall permit an ACO--
``(A) to reduce or eliminate cost-sharing otherwise
applicable under part B for some or all primary care
services (as identified by the ACO) furnished by health
care professionals (including, as applicable,
professionals furnishing services through a rural
health clinic or Federally qualified health center)
within the network of the ACO; and
``(B) to develop additional incentives to encourage
patient engagement and participation in their own
wellness.
The cost of the incentives under this paragraph shall be borne
by the ACO and shall not affect the payments to the ACO under
subsection (d).
``(2) Fostering stronger patient-provider ties.--
``(A) Permitting prospective assignment of
beneficiaries.--
``(i) In general.--Subject to clause (ii),
in carrying out subsection (c) with respect to
any agreement with an ACO under this section,
the ACO may elect under any such agreement
prospective assignment of Medicare fee-for-
service beneficiaries before the beginning of a
year to the ACO and a primary care ACO
professional.
``(ii) Beneficiary selection of primary
care aco professionals.--The Secretary shall
permit a beneficiary to select the primary care
ACO professional within the ACO to which the
beneficiary is assigned.
``(B) Inclusion of aco information in welcome to
medicare visit and annual wellness visits.--The
Secretary may encourage a primary care ACO professional
to include, as part of the initial preventive physical
examination under section 1861(ww)(1) or personalized
prevention plan services under section 1861(hhh)(1) for
a Medicare fee-for-service beneficiary assigned to that
professional under this section, to provide the
beneficiary with information concerning the ACO program
under this section, including information on any cost-
sharing reductions allowed under this section.
``(3) Moving from volume to value.--Subject to paragraph
(4)--
``(A) Regulatory relief for moving to two-sided
risk.--In the case of an ACO that has elected a two-
sided risk model (as provided for under regulations),
in addition to the authority provided under paragraph
(1), the Secretary shall provide the following
regulatory relief:
``(i) 3-day prior hospitalization waiver
for snf services.--Waiver of the 3-day prior
hospitalization requirement for coverage of
skilled nursing facility services.
``(ii) Homebound requirement waiver for
home health services.--Waiver of the homebound
requirement for coverage of home health
services.
``(B) Improving care coordination through access to
telehealth.--
``(i) Flexibility in furnishing telehealth
services.--In applying section 1834(m) in the
case of an ACO, the Secretary shall grant a
waiver, and the ACO may elect, to have the
limitations on originating site (under
paragraph (4)(C) of such section) and on the
use of store-and-forward technologies (under
paragraph (1) of such section) not apply. The
previous sentence shall not be construed as
affecting the authority of the Secretary under
subsection (f) to waive other provisions of
such section.
``(ii) Provision of remote monitoring in
connection with home health services.--Nothing
in this section shall be construed as
preventing an ACO from paying for remote
patient monitoring and home-based video
conferencing services in connection with the
provision of home health services (under
conditions for which payment for such services
would not be made under section 1895 for such
services) in a manner that is financially not
more expensive than the furnishing of a home
health visit.
``(C) Moving up risk track annually.--Each year of
an agreement period, the Secretary shall permit an ACO
to make an election to assume greater risk.
``(4) Discretionary revocation.--The Secretary may revoke,
at the Secretary's discretion, a waiver granted under paragraph
(3).
``(5) Provisions for sharing of internal cost savings.--
``(A) In general.--Subject to the succeeding
provisions of this paragraph, the Secretary shall
permit an ACO to distribute internal cost savings among
ACO participants pursuant to an internal cost savings
sharing arrangement if the arrangement meets the
requirements of subparagraph (B) and the ACO meets the
reporting requirements of subparagraph (C) with respect
to such arrangement.
``(B) Requirements relating to design of
arrangement.--The requirements of this subparagraph for
an internal cost savings sharing arrangement of an ACO
are as follows:
``(i) No reduction in medically necessary
care.--ACO participants may not reduce or limit
medically necessary items and services
furnished to Medicare fee-for-service
beneficiaries.
``(ii) Voluntary participation.--
Participation by providers of services and
suppliers in the arrangement is voluntary.
``(iii) Transparency.--The arrangement is
transparent and subject to audit by the
Secretary.
``(iv) Quality of care.--ACO participants
participating in the arrangement meet quality
performance standards established by the
Secretary under subsection (b)(3).
``(v) Payment methodology.--Distributions
of internal cost savings under the arrangement
is not based on the volume or value of
referrals or business otherwise generated.
``(C) Reporting requirements.--The requirements of
this subparagraph for an arrangement of an ACO is that
the ACO provides the following information to the
Secretary for purposes of evaluating the arrangement:
``(i) Methodology.--The methodology for
distributions of internal cost savings under
the arrangement among all ACO participants,
including the frequency of and the criteria for
such distributions.
``(ii) Care redesign.--A detailed
explanation of how the arrangement will achieve
improved quality and patient experience, as
well as the anticipated cost savings.
``(iii) Eligibility to participate in
arrangement.--The criteria for participation by
ACO participants, particularly professionals,
in the arrangement.
``(iv) Distribution plan.--A comprehensive
plan for distributions of internal cost savings
under the arrangement.
``(D) Waivers.--The Secretary shall waive such
provisions of this title and title XI as may be
necessary to carry out this paragraph.
``(E) Definitions.--In this paragraph:
``(i) Internal cost savings sharing
arrangement.--The term `internal cost savings
sharing arrangement' means an arrangement among
ACO participants of an ACO for the
distributions of internal cost savings to such
ACO participants, including to ACO
professionals, solely from gains or savings
that are a direct result of collaborative
efforts among ACO participants of an ACO to
improve the quality and efficiency of care
furnished to Medicare fee-for-service
beneficiaries, but does not include shared
savings under subsection (d)(2).
``(ii) Distribution of internal cost
savings.--The term `distribution of internal
cost savings' means a payment of a percentage
of the gains or savings from an internal cost
savings sharing arrangement to ACO
participants.
``(iii) ACO participants.--The term `ACO
participants' means providers of services and
suppliers participating in an ACO who
voluntarily participate in an internal cost
savings sharing arrangement under this
paragraph.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply as if included in the enactment of section 3022 of
Public Law 111-148.
(3) Conforming amendment.--Effective as if included in the
enactment of section 3021 of Public Law 111-148, the provisions
of section 1899(l)(5) of the Social Security Act (relating to
authority for distributions of internal cost savings under
internal cost savings sharing arrangements), as added by
paragraph (1), shall apply to participants in accountable care
organization payment and service delivery models (and other
appropriate models) tested pursuant to section 1115A of the
Social Security Act (42 U.S.C. 1315a).
(b) Study and Report on Feasibility on Providing Electronic Access
to Medicare Claims Data.--
(1) Study.--The Secretary of Health and Human Services
shall conduct a study regarding the feasibility of establishing
a system of electronic access of providers of services and
suppliers to in-process and complete patient claims data. Such
system may be a modification of an existing database, such as
the Virtual Research Data Center. The study shall take into
account the measures needed to ensure the security and privacy
of beneficiary and provider information.
(2) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on such study. The Secretary shall include in
such report such recommendations as the Secretary deems
appropriate.
(c) Assignment Taking Into Account Services of Non-Physician
Practitioners in Cases of ACOs in Rural or Underserved Areas or
Affiliated With an FQHC or Rural Health Clinic.--Section 1899(c) of the
Social Security Act (42 U.S.C. 1395jjj(c)) is amended by inserting
before the period at the end the following: ``, except that, for
performance years beginning on or after January 1, 2017, in the case of
an ACO that is located in a rural or medically underserved area or that
is affiliated with a Federally qualified health center or rural health
clinic, such determination shall be based on their utilization of
primary care services provided under this title by any ACO
professional''.
(d) Permitting De Minimis Variation From Minimum Enrollment
Requirement.--Section 1899(b)(2)(D) of the Social Security Act (42
U.S.C. 1395jjj(b)(2)(D)) is amended by inserting before the period at
the end the following: ``, except that the Secretary may permit an ACO
with fewer than 5,000 participants by a de minimis number (not to
exceed 100) to be eligible to continue to participate in cases where
such fewer number does not negatively impact the ACO's participation in
the program and the ACO meets other conditions to be so eligible''.
(e) Payments for Shared Savings.--Section 1899(d)(2) of the Social
Security Act (42 U.S.C. 1395jjj(d)(2)) is amended by adding at the end
the following: ``For plan years beginning on or after January 1, 2017,
the Secretary may use a sliding scale to increase by up to 10
percentage points the appropriate percent otherwise applied under this
paragraph for an ACO that achieves the median of quality performance
standards, or achieves quality improvement scores above such median,
established under subsection (b)(3). The Secretary shall not decrease
such appropriate percent otherwise applied to an ACO because of the
application of an increase under the previous sentence for another
ACO.''.
(f) Demonstration for Allowing Growth of HCC Scores.--Section
1899(d)(1)(B)(ii) of the Social Security Act (42 U.S.C.
1395jjj(d)(1)(B)(ii)) is amended by adding at the end the following:
``In carrying out this subsection, the Secretary shall establish a 3-
year demonstration project that develops and applies a methodology,
similar to the Medicare Advantage normalization factor applied under
section 1853(a)(3), that allows growth of HCC scores for those who are
continuously enrolled with an ACO. The Secretary shall submit to
Congress a report on the results of such demonstration project.''.
(g) Creating Incentives for ACO Development.--The Secretary of
Health and Human Services may develop a mechanism to make permanent
those ACO-related pilot programs, including the Advance Payment ACO
Model, that have been successful. The Secretary shall submit to
Congress a report on the mechanism and shall include in the report such
recommendations, including such changes in legislation, as the
Secretary deems appropriate. | ACO Improvement Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to allow an accountable care organization (ACO) to: (1) reduce or eliminate certain cost-sharing for primary care services provided within the ACO's network; (2) develop incentives to encourage patient engagement; (3) elect prospective assignment of Medicare fee-for-service beneficiaries; and (4) if specified requirements are met, distribute internal cost savings. The Centers for Medicare & Medicaid Services (CMS) shall waive specified regulatory requirements for ACOs that have elected to share in both savings and losses under a "two-sided risk model." In addition, the bill: (1) requires CMS to waive, with respect to certain ACOs, specified limitations regarding telehealth services; (2) allows certain ACOs to depart slightly from specified minimum enrollment requirements; (3) requires CMS to establish a demonstration project for allowing growth of certain prospective risk scores; (4) and allows CMS to make permanent certain ACO-related pilot programs that have been successful. |
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 ``Department of State Review Act''.
SEC. 2. ESTABLISHMENT OF DEPARTMENT OF STATE REVIEW PANEL.
(a) Findings.--The Congress makes the following findings:
(1) The Department of State, established in 1789, is
responsible for representing the worldwide interests of the
United States and its citizens and for advancing the policies
of the United States.
(2) The Department operates 257 posts in more than 180
countries throughout the world, has approximately 21,500 full-
time personnel, and has a budget of approximately
$8,000,000,000.
(3) There have been dramatic changes in the world in which
the Department must function, including changes in technology,
changes in religious, ethnic, and regional conflicts, and
changes in economic, political, and military relationships.
Moreover, the world has witnessed the spread of weapons of mass
destruction and the spread of terrorism. Yet, there has been
little change in the organization and structure of the
Department or its posts throughout the world.
(4) The Department and all United States diplomatic efforts
should be the subject of a comprehensive review by an
independent panel to assess how the Department can best fulfill
its mission in the 21st century and meet the challenges of a
rapidly changing world.
(b) Establishment.--Not later than September 1, 2004, there shall
be established a nonpartisan independent panel to be known as the
Department of State Review Panel (in this section referred to as the
``Panel''). The Panel shall have the duties set forth in this section.
(c) Membership.--
(1) Composition and qualifications.--The Panel shall be
composed of ten members who are individuals in the private
sector who are recognized experts in matters relating to
foreign affairs and the national security of the United States.
(2) Appointment.--Members of the Panel shall be appointed
as follows:
(A) Three members appointed by the Speaker of the
House of Representatives.
(B) Three members appointed by the Majority Leader
of the Senate.
(C) Two members appointed by the Minority Leader of
the House of Representatives.
(D) Two members appointed by the Minority Leader of
the Senate.
(3) Chairperson.--The Panel shall have a chairperson who
shall be selected by the members of the panel from among the
members.
(d) Report.--Not later than 12 months after the appointment of the
last member to the Panel, the Panel shall prepare and submit to the
Congress a comprehensive report. The report shall include the
following:
(1) A review of current structures of the Department of
State and related agencies, including the organization and
operation of the embassies and consulates of the United States
abroad, to determine how best to efficiently and effectively--
(A) represent the interests of the United States
throughout the world;
(B) advance the policies of the United States;
(C) cooperate and integrate with other government
agencies and departments, including the Department of
Defense, the Department of Homeland Security, the
Department of the Treasury, the Department of Commerce,
the Office of the United States Trade Representative,
the Agency for International Development, the Drug
Enforcement Agency, and the intelligence agencies of
the United States; and
(D) meet the anticipated roles and missions of such
entities in the future.
(2) Recommendations on any structural reorganization at the
Department of State and United States embassies and consulates,
including the following:
(A) Whether any geographical desks should be added,
combined, or eliminated, including an examination of
whether an ``American Affairs'' desk should be
established within the Office of the Under Secretary
for Political Affairs.
(B) Whether any of the positions of Under or
Assistant Secretary of State should be combined or
eliminated, or any additional positions of Under or
Assistant Secretary of State should be created,
including an examination of whether a senior level
position should be established to analyze and assess
future challenges for the Department, and if needed,
whether the position should be an Under or Assistant
Secretary of State.
(C) Whether a military attache should be stationed
at each embassy and whether a member of any other
Federal agency should be stationed at all or specific
embassies worldwide.
(3) Suggestions for changes in organization and process to
ensure that the efforts of the United States to communicate
effectively with other governments and engage in public
diplomacy are successful.
(4) Suggestions for changes in structures to better
formulate and implement the foreign policy of the United
States.
(5) An independent assessment of the challenges the
Department of State may face through the year 2020 and beyond.
(6) A comprehensive review of how the Department of State,
the embassies and consulates of the United States, and
diplomatic and other personnel and delegations are organized to
handle efficiently future risks, including any recommended
structural or internal changes that may be necessary to meet
future challenges to the national interest of the United
States.
(7) The planning assumptions used in the review conducted
by the Panel, including assumptions relating to cooperation,
communication with allies, levels of risk, real-time
situational awareness, and instantaneous communication.
(8) An examination of the forward presence and pre-
positioning necessary by the Department of State for
negotiation and conflict deterrence in response to anticipated
threats and conflicts.
(9) An examination of the current information
infrastructure and technologies at the Department of State and
recommendations on how these technologies should be updated,
changed, or replaced for optimum utilization by the year 2008
and beyond.
(10) An examination of ways the Department of State
develops scenarios that may require a Department response, and
recommendations for improving this process to incorporate
nontraditional threat planning scenarios and input from other
Federal agencies and nongovernmental organizations.
(11) Recommendations regarding future personnel policies of
the Department of State, including the following:
(A) Whether an anticipated need exists for
additional personnel who possess certain language
skills, functional skills, and educational background.
(B) Whether the Department of State should examine
nontraditional recruitment and training efforts,
including policies related to lateral transfers of
personnel from other government agencies or the private
sector, to meet Department of State needs.
(e) Information From Federal Agencies.--The Panel may secure
directly from the Department of State and from any other Federal agency
such information as the Panel considers necessary to carry out its
duties under this section. The head of the agency concerned shall
ensure that information requested by the Panel under this subsection is
promptly provided.
(f) Personnel Matters.--
(1) Compensation of members.--Each member of the Panel
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Panel.
(2) Travel expenses.--The members of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Panel.
(3) Executive director and staff.--Without regard to the
civil service laws and regulations, the chairperson of the
Panel may appoint and terminate an executive director and a
staff of not more than four additional individuals, none of
whom may be current employees of the Department of State or
members of the Foreign Service, if the Panel determines that an
executive director and staff are necessary in order for the
Panel to perform its duties effectively. The employment of an
executive director shall be subject to confirmation by the
Panel.
(4) Compensation of executive director.--The chairperson
may fix the compensation of the executive director without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(5) Detail of government employees.--Any Federal Government
employee may be detailed to the Panel without reimbursement,
and such detail shall be without interruption or loss of civil
or foreign service status or privilege. The Secretary shall
ensure that sufficient personnel are detailed to the Panel to
enable the Panel to carry out its duties effectively.
(6) Travel conditions.--To the maximum extent practicable,
the members and employees of the Panel shall travel on
government aircraft, ships, vehicles, or other conveyances when
travel is necessary in the performance of a duty of the Panel,
except that no such aircraft, ship, vehicle, or other
conveyance may be scheduled primarily for the transportation of
any such member or employee when the cost of commercial
transportation is less expensive.
(g) Administrative Provisions.--
(1) Use of mail.--The Panel may use the United States mails
and obtain printing and binding services in the same manner and
under the same conditions as other departments and agencies of
the Federal Government.
(2) Administrative and support services.--The Secretary of
State shall furnish the Panel any administrative and support
services requested by the Panel.
(3) Gifts and donations.--The Panel may accept, use, and
dispose of gifts or donations of services or property.
(4) Contractual authority.--The Panel may enter into such
contracts as necessary for technical support and analysis,
provided that the duration of such contracts does not exceed
120 days and that the total amount spent on all such contracts
does not exceed $500,000.
(h) Payment of Panel Expenses.--The compensation, travel expenses,
and per diem allowances of members and employees of the Panel shall be
paid out of funds available to the Department of State for the payment
of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department. The other
expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
(i) Sunset Provision.--The Panel shall terminate six months after
the submission of a final report to the Congress under subsection (d). | Department of State Review Act - Requires establishment of a nonpartisan independent Department of State Review Panel, which shall report to Congress on its review of the following matters concerning Department of State organization and operations: (1) current Department structures and possible reorganization; (2) changes to ensure effective diplomacy and implementation of U.S. foreign policy; (3) challenges through the year 2020 and beyond; (4) efficient handling of future risks; (5) planning assumptions; (6) positioning necessary for negotiation and conflict deterrence; (7) information infrastructure and technology; (8) the process of developing scenarios; and (9) future personnel policies. |
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 ``Right-to-Ride Livestock on Federal
Lands Act of 2004''.
SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC LANDS.
(a) National Park System Lands.--Section 12 of Public Law 91-383
(16 U.S.C. 1a-7) is amended by adding at the end the following new
subsection:
``(c) Use and Access of Pack and Saddle Animals.--
``(1) General rule.--The Secretary of the Interior shall
provide for the management of National Park System lands to
preserve and facilitate the continued use and access of pack
and saddle stock animals on such lands, including wilderness
areas, national monuments, and other specifically designated
areas, where there is a historical tradition of such use. As a
general rule, all trails, routes, and areas used by pack and
saddle stock shall remain open and accessible for such use. The
Secretary may implement a proposed reduction in the use and
access of pack and saddle stock animals on such lands only
after complying with the full review process required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) Rules of construction.--Nothing in paragraph (1)
shall be construed--
``(A) to authorize the Secretary to refuse to issue
a permit for a new use of pack and saddle stock
animals, including use by a commercial outfitter or
guide, without complying with applicable resource
management plans and planning processes required under
this Act or any other provision of law;
``(B) to limit the authority of the Secretary to
impose a temporary emergency closure of a trail, route,
or area to pack and saddle stock animals or issue
special permits; or
``(C) to create a preference for one recreational
use for any unit of the National Park System, without
consideration of the stated purpose of the unit.''.
(b) Bureau of Land Management Lands.--Section 302 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1732) is amended by
adding at the end the following new subsection:
``(e) Use and Access of Pack and Saddle Animals.--
``(1) General rule.--The Secretary shall provide for the
management of public lands to preserve and facilitate the
continued use and access of pack and saddle stock animals on
such lands, including wilderness areas, national monuments, and
other specifically designated areas, where there is a
historical tradition of such use. As a general rule, all
trails, routes, and areas used by pack and saddle stock shall
remain open and accessible for such use. The Secretary may
implement a proposed reduction in the use and access of pack
and saddle stock animals on such lands only after complying
with the full review process required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Rules of construction.--Nothing in paragraph (1)
shall be construed--
``(A) to authorize the Secretary to refuse to issue
a permit for a new use of pack and saddle stock
animals, including use by a commercial outfitter or
guide, without complying with applicable resource
management plans and planning processes required under
this Act or any other provision of law;
``(B) to limit the authority of the Secretary to
impose a temporary emergency closure of a trail, route,
or area to pack and saddle stock animals or issue
special permits; or
``(C) to create a preference for one recreational
use for any area of the public lands, without
consideration of the stated purpose of the area.''.
(c) National Wildlife Refuge System Lands.--Section 4(d) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(d)) is amended by adding at the end the following new paragraph:
``(5)(A) The Secretary shall provide for the management of System
lands to preserve and facilitate the continued use and access of pack
and saddle stock animals on such lands, including wilderness areas,
national monuments, and other specifically designated areas, where
there is a historical tradition of such use. As a general rule, all
trails, routes, and areas used by pack and saddle stock shall remain
open and accessible for such use. The Secretary may implement a
proposed reduction in the use and access of pack and saddle stock
animals on such lands only after complying with the full review process
required under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(B) Nothing in subparagraph (A) shall be construed--
``(i) to authorize the Secretary to refuse to issue a
permit for a new use of pack and saddle stock animals,
including use by a commercial outfitter or guide, without
complying with applicable resource management plans and
planning processes required under this Act or any other
provision of law;
``(ii) to limit the authority of the Secretary to impose a
temporary emergency closure of a trail, route, or area to pack
and saddle stock animals or issue special permits; or
``(iii) to create a preference for one recreational use for
any unit of the System, without consideration of the stated
purpose of the unit.''.
(d) National Forest System Lands.--Section 15 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1613) is
amended--
(1) by inserting ``(a)'' before ``Regulations''; and
(2) by adding at the end the following new subsection:
``(b) Use and Access of Pack and Saddle Animals.--
``(1) General rule.--The Secretary shall provide for the
management of National Forest System lands to preserve and
facilitate the continued use and access of pack and saddle
stock animals on such lands, including wilderness areas,
national monuments, and other specifically designated areas,
where there is a historical tradition of such use. As a general
rule, all trails, routes, and areas used by pack and saddle
stock shall remain open and accessible for such use. The
Secretary may implement a proposed reduction in the use and
access of pack and saddle stock animals on such lands only
after complying with the full review process required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) Rules of construction.--Nothing in paragraph (1)
shall be construed--
``(A) to authorize the Secretary to refuse to issue
a permit for a new use of pack and saddle stock
animals, including use by a commercial outfitter or
guide, without complying with applicable resource
management plans and planning processes required under
this Act or any other provision of law;
``(B) to limit the authority of the Secretary to
impose a temporary emergency closure of a trail, route,
or area to pack and saddle stock animals or issue
special permits; or
``(C) to create a preference for one recreational
use for any unit of the National Forest System, without
consideration of the stated purpose of the unit.''.
(e) Issuance of Rules.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall issue final rules to define the meaning
of a historical tradition of use of pack and saddle stock animals on
Federal lands for purposes of the amendments made by this section.
Passed the House of Representatives September 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Right-to-Ride Livestock on Federal Lands Act of 2004 - Amends Public Law 91-383 to direct the Secretary of the Interior to preserve and facilitate the continued use and access of pack and saddle stock animals on parts of National Park System lands where there is a historical tradition of such use. Directs that as a general rule, all trails, routes, and areas used by such animals shall remain open and accessible for such use. Allows the Secretary of the Interior to implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969. Makes the same amendments to other laws regarding other public lands as follows: (1) the Federal Land Policy and Management Act of 1976, with respect to Bureau of Land Management lands; (2) the National Wildlife Refuge System Administration Act of 1966, with respect to National Wildlife Refuge System lands; and (3) the Forest and Rangeland Renewable Resources Planning Act of 1974, with respect to National Forest System lands (with the Secretary directed to act in this case being the Secretary of Agriculture).
Prohibits: (1) the Secretary from refusing to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under each such law regarding public lands described above or any other provision of law; (2) limiting the Secretary's authority to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or (3) creating a preference for one recreational use for any unit of the National Park System, without consideration of the unit's stated purpose.
Directs the Secretaries of the Interior and Agriculture to issue final rules to define the meaning of a historical tradition of use of pack and saddle stock animals on Federal lands for purposes of this Act. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Relief Certainty Act''.
TITLE I--PERMANENT TAX RELIEF
SEC. 101. REPEAL OF EGTRRA SUNSET.
(a) In General.--Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is repealed.
(b) Sunset Maintained for Expansion of Adoption Benefits Under the
Patient Protection and Affordable Care Act.--Subsection (c) of section
10909 of the Patient Protection and Affordable Care Act is amended to
read as follows:
``(c) Sunset Provision.--All provisions of, and amendments made by,
this section shall not apply to taxable years beginning after December
31, 2011, and the Internal Revenue Code of 1986 shall be applied and
administered to such years as if such provisions and amendments had
never been enacted.''.
SEC. 102. REPEAL OF JGTRRA SUNSET.
Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of
2003 is repealed.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.
The Secretary of the Treasury or the Secretary's delegate shall not
later than 90 days after the date of the enactment of this Act, submit
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a draft of any technical and
conforming changes in the Internal Revenue Code of 1986 which are
necessary to reflect throughout such Code the purposes of the
provisions of, and amendments made by, this Act.
TITLE II--PERMANENT INDIVIDUAL AMT RELIEF
SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF.
(a) Modification of Alternative Minimum Tax Exemption Amount.--
(1) In general.--Paragraph (1) of section 55(d) of the
Internal Revenue Code of 1986 (relating to exemption amount) is
amended to read as follows:
``(1) Exemption amount for taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the term `exemption amount' means--
``(A) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(A) in the case of--
``(i) a joint return, or
``(ii) a surviving spouse,
``(B) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(B) in the case of an
individual who--
``(i) is not a married individual, and
``(ii) is not a surviving spouse,
``(C) 50 percent of the dollar amount applicable
under paragraph (1)(A) in the case of a married
individual who files a separate return, and
``(D) $22,500 in the case of an estate or trust.
For purposes of this paragraph, the term `surviving spouse' has
the meaning given to such term by section 2(a), and marital
status shall be determined under section 7703.''.
(2) Specified exemption amounts.--Section 55(d) of such
Code is amended by adding at the end the following new
paragraph:
``(4) Specified exemption amounts.--
``(A) Taxpayers described in paragraph (1)(A).--For
purposes of paragraph (1)(A)--
------------------------------------------------------------------------
The
``For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2010....................................................... $72,450
2011....................................................... $74,450
2012....................................................... $78,250
2013....................................................... $81,450
2014....................................................... $85,050
2015....................................................... $88,650
2016....................................................... $92,650
2017....................................................... $96,550
2018....................................................... $100,950
2019....................................................... $105,150
2020....................................................... $109,950.
------------------------------------------------------------------------
``(B) Taxpayers described in paragraph (1)(B).--For
purposes of paragraph (1)(B)--
------------------------------------------------------------------------
The
``For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2010....................................................... $47,450
2011....................................................... $48,450
2012....................................................... $50,350
2013....................................................... $51,950
2014....................................................... $53,750
2015....................................................... $55,550
2016....................................................... $57,550
2017....................................................... $59,500
2018....................................................... $61,700
2019....................................................... $63,800
2020....................................................... $66,200.''.
------------------------------------------------------------------------
(b) Alternative Minimum Tax Relief for Nonrefundable Credits.--
(1) In general.--Subsection (a) of section 26 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
``(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
``(2) the tax imposed by section 55(a) for the taxable
year.''.
(2) Conforming amendments.--
(A) Adoption credit.--
(i) Section 23(b) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraph (4).
(ii) Section 23(c) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section
and sections 25D and 1400C), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.''.
(iii) Section 23(c) of such Code, as in
effect on December 31, 2009 amended by
redesignating paragraph (3) as paragraph (2).
(B) Child tax credit.--
(i) Section 24(b) of such Code is amended
by striking paragraph (3).
(ii) Section 24(d)(1) of such Code is
amended--
(I) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be,'' each place it appears in
subparagraphs (A) and (B) and inserting
``section 26(a)'', and
(II) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be'' in the second last sentence and
inserting ``section 26(a)''.
(C) Credit for interest on certain home
mortgages.--Section 25(e)(1)(C) of such Code is amended
to read as follows:
``(C) Applicable tax limit.--For purposes of this
paragraph, the term `applicable tax limit' means the
limitation imposed by section 26(a) for the taxable
year reduced by the sum of the credits allowable under
this subpart (other than this section and sections 23,
25D, and 1400C).''.
(D) Savers' credit.--Section 25B of such Code is
amended by striking subsection (g).
(E) Residential energy efficient property.--Section
25D(c) of such Code is amended to read as follows:
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(F) Certain plug-in electric vehicles.--Section
30(c)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(G) Alternative motor vehicle credit.--Section
30B(g)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(H) New qualified plug-in electric vehicle
credit.--Section 30D(c)(2) of such Code is amended to
read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(I) Cross references.--Section 55(c)(3) of such
Code is amended by striking ``26(a), 30C(d)(2),'' and
inserting ``30C(d)(2)''.
(J) Foreign tax credit.--Section 904 of such Code
is amended by striking subsection (i) and by
redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(K) First-time home buyer credit for the district
of columbia.--Section 1400C(d) of such Code is amended
to read as follows:
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section and section 25D),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Tax Relief Certainty Act - Eliminates the terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001, thus making the provisions of such Act permanent. Terminates after December 31, 2011, provisions of the Patient Protection and Affordable Care Act increasing tax benefits for adoption.
Eliminates the terminating date of the Jobs and Growth Tax Relief Reconciliation Act of 2003 applicable to provisions reducing tax rates on dividends and capital gains.
Amends the Internal Revenue Code to: (1) phase-in between 2010 through 2020 increases in the exemption amount for the alternative minimum tax (AMT); and (2) make permanent offsets against the AMT for certain nonrefundable tax credits. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
.
(a) In General.--
(1) Chapter 13 of title 31, United States Code, is amended
by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, pursuant to this
section.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year, or
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to this section
for such preceding fiscal year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of such fiscal year and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity), and
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made, funds made available, or authority
granted for such project or activity for the preceding fiscal year.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill providing for such project or activity for such period becomes
law.
``(e) No appropriation is made by reason of subparagraph (B) of
subsection (a)(1) for a fiscal year for any project or activity for
which there is no authorization of appropriations for such fiscal year.
``(f) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(g) For purposes of this section `regular appropriation bill'
means any regular appropriation bill (within the meaning given to such
term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C.
638)) making appropriations, otherwise making funds available, or
granting authority, for any of the following categories of projects and
activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions, corporations,
and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies.
``(13) The legislative branch.''.
(2) The analysis of chapter 13 of title 31, United States
Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
(3) The amendments made by this subsection shall apply with
respect to fiscal years beginning after September 30, 1995.
(b) Point of Order Against Continuing Resolutions.--
(1) It shall not be in order in the House of
Representatives or the Senate to consider or to vote on the
question of agreeing to any bill or joint resolution making
continuing appropriations for a fiscal year or any conference
report thereon.
(2) Paragraph (1) may be waived or suspended in the Senate
by a vote of three-fifths of the Members, duly chosen and
sworn.
(3) If the ruling of the presiding officer sustains a point
of order raised pursuant to paragraph (1), a vote of three-
fifths of the Members duly chosen and sworn shall be required
to sustain an appeal of such ruling. Debate on any such appeal
shall be limited to two hours, to be equally divided between,
and controlled by, the majority leader and the minority leader
or their designees. An appeal of any such point of order is not
subject to a motion to table. | Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year. Appropriates such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year in the amount provided: (1) in the corresponding regular appropriation Act for such preceding fiscal year; or (2) if such corresponding appropriation bill did not become law then as provided by this Act.
Sets forth the terms and conditions relating to such continuing appropriations. Prohibits funding for any project or activity: (1) for which there is no authorization of appropriations for such fiscal year; or (2) during a fiscal year if any other provision of law makes an appropriation, makes funds available, grants continuation authority, or specifically prohibits funding or authority for such project or activity. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids IRA Act of 2009'' or the ``K-
IRA Act''.
SEC. 2. YOUNG SAVERS ACCOUNT.
(a) Establishment of Accounts.--
(1) In general.--Section 408A of the Internal Revenue Code
of 1986 (relating to Roth IRAs) is amended by adding at the end
the following new subsection:
``(g) Young Savers Account.--
``(1) In general.--Except as provided in this subsection, a
young savers account shall be treated in the same manner as a
Roth IRA.
``(2) Young savers account.--For purposes of this
subsection, the term `young savers account' means, with respect
to any taxable year, a Roth IRA which is established and
maintained on behalf of an individual who has not attained age
26 before the close of the taxable year.
``(3) Contribution limits.--In the case of any
contributions for any taxable year to 1 or more young savers
accounts established and maintained on behalf of an individual,
each of the following contribution limits for the taxable year
shall be increased as follows:
``(A) The contribution limit applicable to the
individual under subsection (c)(2) shall be increased
by the aggregate amount of qualified young saver
contributions to such accounts for the taxable year.
``(B) The contribution limits applicable to the
young savers accounts under subsection (a)(1) or
(b)(2)(B) of section 408, whichever is applicable,
shall be increased by the deductible amount in effect
under section 219(b)(5) for such taxable year
(determined without regard to subparagraph (B)
thereof).
``(4) Qualified contributions.--For purposes of this
subsection--
``(A) In general.--The term `qualified young saver
contribution' means a contribution by an individual
(with respect to whom a young savers account is not
established and maintained during the taxable year) to
a young savers account established and maintained on
behalf of another individual.
``(B) Limitations.--
``(i) Limit on accounts with respect to
individual.--The aggregate amount of
contributions which may be made for any taxable
year to all young savers accounts established
and maintained on behalf of an individual shall
not exceed the deductible amount in effect for
the taxable year under section 219(b)(5)
(determined without regard to subparagraph (B)
thereof).
``(ii) Limit on contributors.--The
aggregate amount of qualified contributions an
individual may make for any taxable year to all
young savers accounts shall not exceed the
deductible amount in effect for the taxable
year under section 219(b)(5) (determined
without regard to subparagraph (B) thereof).''.
(b) Partial Deductibility of Qualified Young Saver Contributions.--
Section 219 of such Code (relating to retirement savings) is amended by
adding at the end the following new subsection:
``(f) Qualified Young Saver Contributions.--
``(1) In general.--The amount allowable as a deduction
under this section (determined without regard to this
subsection) to any individual for any taxable year shall be
increased by an amount equal to 20 percent of so much of the
qualified young saver contributions (as defined in section
408A(g)) made by such individual for such taxable year as does
not exceed $5,000.
``(2) Limit based on modified adjusted gross income.--The
amount determined under paragraph (1) shall be reduced in the
same manner as under section 408A(c)(3)(A), except that the
applicable dollar amount shall be--
``(A) in the case of a taxpayer filing a joint
return, $315,000,
``(B) in the case of any other taxpayer (other than
a married individual filing a separate return),
$200,000, and
``(C) in the case of a married individual filing a
separate return, zero.
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2010, the dollar
amounts in subparagraphs (A) and (B) of paragraph (2) shall
each 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 2009' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $1,000.''.
(c) Conforming Amendment.--Paragraph (1) of section 408A(c) of such
Code (relating to no deduction allowed) is amended by striking ``No
deduction'' and inserting ``Except as provided in section 219(f), no
deduction''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Kids IRA Act of 2009 or the K-IRA Act - Amends the Internal Revenue Code to establish a tax-exempt individual retirement account for taxpayers under age 26, to be known as a young savers account. Treats such accounts as Roth individual retirement accounts for income tax purposes. Allows an income-based tax deduction for contributions to such accounts, up to $5,000 in any taxable year. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Methamphetamine Information
Clearinghouse Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Council'' means the National Methamphetamine
Advisory Council established under section 3(b)(1);
(2) the term ``drug endangered children'' means children
whose physical, mental, or emotional health are at risk because
of the production, use, or effects of methamphetamine by
another person;
(3) the term ``National Methamphetamine Information
Clearinghouse'' or ``NMIC'' means the information clearinghouse
established under section 3(a); and
(4) the term ``qualified entity'' means a State or local
government, school board, or public health, law enforcement,
nonprofit, or other nongovernmental organization providing
services related to methamphetamines.
SEC. 3. ESTABLISHMENT OF CLEARINGHOUSE AND ADVISORY COUNCIL.
(a) Clearinghouse.--There is established, under the supervision of
the Attorney General of the United States, an information clearinghouse
to be known as the National Methamphetamine Information Clearinghouse.
(b) Advisory Council.--
(1) In general.--There is established an advisory council
to be known as the National Methamphetamine Advisory Council.
(2) Membership.--The Council shall consist of 10 members
appointed by the Attorney General--
(A) not fewer than 3 of whom shall be
representatives of law enforcement agencies;
(B) not fewer than 4 of whom shall be
representatives of nongovernmental and nonprofit
organizations providing services related to
methamphetamines; and
(C) 1 of whom shall be a representative of the
Department of Health and Human Services.
(3) Period of appointment; vacancies.--Members shall be
appointed for 3 years. Any vacancy in the Council shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
SEC. 4. NMIC REQUIREMENTS AND REVIEW.
(a) In General.--The NMIC shall promote sharing information
regarding successful law enforcement, treatment, environmental, social
services, and other programs related to the production, use, or effects
of methamphetamine and grants available for such programs.
(b) Components.--The NMIC shall include--
(1) a toll-free number; and
(2) a website that--
(A) provides information on the short-term and
long-term effects of methamphetamine use;
(B) provides information regarding methamphetamine
treatment programs and programs for drug endangered
children, including descriptions of successful programs
and contact information for such programs;
(C) provides information regarding grants for
methamphetamine-related programs, including contact
information and links to websites;
(D) allows a qualified entity to submit items to be
posted on the website regarding successful public or
private programs or other useful information related to
the production, use, or effects of methamphetamine;
(E) includes a restricted section that may only be
accessed by a law enforcement organization that
contains successful strategies, training techniques,
and other information that the Council determines
helpful to law enforcement agency efforts to combat the
production, use or effects of methamphetamine;
(F) allows public access to all information not in
a restricted section; and
(G) contains any additional information the Council
determines may be useful in combating the production,
use, or effects of methamphetamine.
(c) Review of Posted Information.--
(1) In general.--Not later than 30 days after the date of
submission of an item by a qualified entity, the Council shall
review an item submitted for posting on the website described
in subsection (b)(2)--
(A) to evaluate and determine whether the item, as
submitted or as modified, meets the requirements for
posting; and
(B) in consultation with the Attorney General, to
determine whether the item should be posted in a
restricted section of the website.
(2) Determination.--Not later than 45 days after the date
of submission of an item, the Council shall--
(A) post the item on the website described in
subsection (b)(2); or
(B) notify the qualified entity that submitted the
item regarding the reason such item shall not be posted
and modifications, if any, that the qualified entity
may make to allow the item to be posted.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) for fiscal year 2006--
(A) $1,000,000 to establish the NMIC and Council;
and
(B) such sums as are necessary for the operation of
the NMIC and Council; and
(2) for each of fiscal years 2007 through 2010, such sums
as are necessary for the operation of the NMIC and Council. | National Methamphetamine Information Clearinghouse Act of 2005 - Establishes: (1) the National Methamphetamine Information Clearinghouse, under the supervision of the Attorney General, to promote sharing information regarding successful law enforcement, treatment, environmental, social services, and other programs related to the production, use, or effects of methamphetamine and grants available for such programs; and (2) the National Methamphetamine Advisory Council. |
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SECTION 1. REMOTE MONITORING PILOT PROJECTS.
(a) Pilot Projects.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall conduct pilot projects under title XVIII of the Social
Security Act for the purpose of providing incentives to home
health agencies to utilize home monitoring and communications
technologies that--
(A) enhance health outcomes for medicare
beneficiaries; and
(B) reduce expenditures under such title.
(2) Site requirements.--
(A) Urban and rural.--The Secretary shall conduct
the pilot projects under this section in both urban and
rural areas.
(B) Site in a small state.--The Secretary shall
conduct at least 1 of the pilot projects in a State
with a population of less than 1,000,000.
(3) Definition of home health agency.--In this section, the
term ``home health agency'' has the meaning given that term in
section 1861(o) of the Social Security Act (42 U.S.C.
1395x(o)).
(b) Medicare Beneficiaries Within the Scope of Projects.--The
Secretary shall specify the criteria for identifying those medicare
beneficiaries who shall be considered within the scope of the pilot
projects under this section for purposes of the application of
subsection (c) and for the assessment of the effectiveness of the home
health agency in achieving the objectives of this section. Such
criteria may provide for the inclusion in the projects of medicare
beneficiaries who begin receiving home health services under title
XVIII of the Social Security Act after the date of the implementation
of the projects.
(c) Incentives.--
(1) Performance targets.--The Secretary shall establish for
each home health agency participating in a pilot project under
this section a performance target using one of the following
methodologies, as determined appropriate by the Secretary:
(A) Adjusted historical performance target.--The
Secretary shall establish for the agency--
(i) a base expenditure amount equal to the
average total payments made to the agency under
parts A and B of title XVIII of the Social
Security Act for medicare beneficiaries
determined to be within the scope of the pilot
project in a base period determined by the
Secretary; and
(ii) an annual per capita expenditure
target for such beneficiaries, reflecting the
base expenditure amount adjusted for risk and
adjusted growth rates.
(B) Comparative performance target.--The Secretary
shall establish for the agency a comparative
performance target equal to the average total payments
under such parts A and B during the pilot project for
comparable individuals in the same geographic area that
are not determined to be within the scope of the pilot
project.
(2) Incentive.--Subject to paragraph (3), the Secretary
shall pay to each participating home care agency an incentive
payment for each year under the pilot project equal to a
portion of the medicare savings realized for such year relative
to the performance target under paragraph (1).
(3) Limitation on expenditures.--The Secretary shall limit
incentive payments under this section in order to ensure that
the aggregate expenditures under title XVIII of the Social
Security Act (including incentive payments under this
subsection) do not exceed the amount that the Secretary
estimates would have been expended if the pilot projects under
this section had not been implemented.
(d) Waiver Authority.--The Secretary may waive such provisions of
titles XI and XVIII of the Social Security Act as the Secretary
determines to be appropriate for the conduct of the pilot projects
under this section.
(e) Report to Congress.--Not later than 5 years after the date that
the first pilot project under this section is implemented, the
Secretary shall submit to Congress a report on the pilot projects. Such
report shall contain a detailed description of issues related to the
expansion of the projects under subsection (f) and recommendations for
such legislation and administrative actions as the Secretary considers
appropriate.
(f) Expansion.--If the Secretary determines that any of the pilot
projects under this section enhance health outcomes for medicare
beneficiaries and reduce expenditures under title XVIII of the Social
Security Act, the Secretary may initiate comparable projects in
additional areas.
(g) Incentive Payments Have No Effect on Other Medicare Payments to
Agencies.--An incentive payment under this section--
(1) shall be in addition to the payments that a home health
agency would otherwise receive under title XVIII of the Social
Security Act for the provision of home health services; and
(2) shall have no effect on the amount of such payments. | Directs the Secretary of Health and Human Services to conduct pilot projects under title XVIII (Medicare) of the Social Security Act for the purpose of providing incentives to home health agencies to utilize home monitoring and communications technology. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charity To Eliminate Poverty Tax
Credit Act of 2001''.
SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE
CHARITIES PROVIDING ASSISTANCE TO THE POOR.
(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 25A the
following new section:
``SEC. 25B. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the qualified charitable contributions
which are paid by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed by subsection (a) for the
taxable year shall not exceed $100 (twice such amount in the case of a
joint return).
``(c) Qualified Charitable Contribution.--For purposes of this
section, the term `qualified charitable contribution' means any
charitable contribution (as defined in section 170(c)) made in cash to
a qualified charity but only if the amount of each such contribution,
and the recipient thereof, are identified on the return for the taxable
year during which such contribution is made.
``(d) Qualified Charity.--
``(1) In general.--For purposes of this section, the term
`qualified charity' means, with respect to the taxpayer, any
organization described in section 501(c)(3) and exempt from tax
under section 501(a)--
``(A) which is certified by the Secretary as
meeting the requirements of paragraphs (2) and (3),
``(B) which is organized under the laws of the
United States or of any State in which the organization
is qualified to operate, and
``(C) which is required, or elects to be treated as
being required, to file returns under section 6033.
``(2) Charity must primarily assist the poor.--An
organization meets the requirements of this paragraph only if
the predominant activity of such organization is the provision
of services to individuals whose annual incomes generally do
not exceed 150 percent of the official poverty line (as defined
by the Office of Management and Budget).
``(3) Minimum expenditure requirement.--
``(A) In general.--An organization meets the
requirements of this paragraph only if the Secretary
reasonably expects that the annual exempt purpose
expenditures of such organization will not be less than
70 percent of the annual aggregate expenditures of such
organization.
``(B) Exempt purpose expenditure.--For purposes of
subparagraph (A)--
``(i) In general.--The term `exempt purpose
expenditure' means any expenditure to carry out
the activity referred to in paragraph (2).
``(ii) Exceptions.--Such term shall not
include--
``(I) any administrative expense,
``(II) any expense for the purpose
of influencing legislation (as defined
in section 4911(d)),
``(III) any expense primarily for
the purpose of fundraising, and
``(IV) any expense for litigation
on behalf of any individual referred to
in paragraph (2).
``(e) Time When Contributions Deemed Made.--For purposes of this
section, at the election of the taxpayer, a contribution which is made
not later than the time prescribed by law for filing the return for the
taxable year (not including extensions thereof) shall be treated as
made on the last day of such taxable year.
``(f) Coordination With Deduction for Charitable Contributions.--
``(1) Credit in lieu of deduction.--The credit provided by
subsection (a) for any qualified charitable contribution shall
be in lieu of any deduction otherwise allowable under this
chapter for such contribution.
``(2) Election to have section not apply.--A taxpayer may
elect for any taxable year to have this section not apply.
``(g) Maximum Amount of Credit Adjusted for Inflation.--In the case
of any taxable year beginning in a calendar year after 2001, the $100
amount contained in subsection (b) shall be increased by an amount
equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2000' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $5.''
(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 25A the following new
item:
``Sec. 25B. Credit for certain charitable
contributions.''
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after the 90th day after the date of the
enactment of this Act in taxable years ending after such date. | Charity To Eliminate Poverty Tax Credit Act of 2001 - Amends the Internal Revenue Code to allow a taxpayer to elect a credit (in lieu of a deduction otherwise available) of up to $100 ($200 for joint filers) for cash contributions to a qualifying charity whose primary activity is assistance to the poor. |
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SECTION 1. SHORT TITLE.
(a) In General.--This Act may be cited as the ``Family Farm, Small
Business, and Home Tax Relief Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. ACCELERATION OF INCREASE IN UNIFIED CREDIT.
(a) In General.--Subsection (c) of section 2010 (relating to
unified credit against tax) is amended to read as follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under the rate schedule set forth in
section 2001(c) if the amount with respect to which such
tentative tax is to be computed were the applicable exclusion
amount. For purposes of the preceding sentence, the applicable
exclusion amount is $3,500,000.
``(2) Cost-of-living adjustment.--In the case of any
decedent dying in a calendar year after 2008, the $3,500,000
amount in paragraph (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 such calendar year by
substituting `calendar year 2006' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $1,000, such amount shall be rounded to the nearest
multiple of $1,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after December 31, 2007.
SEC. 3. ACCELERATION OF REDUCTION IN MAXIMUM ESTATE TAX RATE.
(a) Maximum Estate Tax Rate.--
(1) The table contained in paragraph (1) of section 2001(c)
is amended by striking the 2 highest brackets.
(2) Section 2001(c), as amended by paragraph (1), is
amended by striking ``(1) In general.--'' and by striking
paragraph (2).
(b) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2007.
SEC. 4. RESTORATION OF, AND INCREASE IN, DEDUCTION FOR FAMILY-OWNED
BUSINESS INTERESTS.
(a) Restoration.--Subsection (j) of section 2057 (relating to
termination) is amended to read as follows:
``(j) Application of Section.--This section--
``(1) shall not apply to estates of decedents dying after
December 31, 2003, and before January 1, 2008, but
``(2) shall apply to estates of decedents dying after
December 31, 2007.''.
(b) Increase.--
(1) In general.--Subsection (a) of section 2057 is
amended--
(A) by striking ``$675,000'' in paragraph (2) and
inserting ``$8,000,000'', and
(B) by striking paragraph (3).
(2) Cost-of-living adjustment.--Subsection (a) of section
2057 is amended by adding at the end the following new
paragraph:
``(3) Cost-of-living adjustment.--In the case of any
decedent dying in a calendar year after 2008, the $8,000,000
amount in paragraph (2) 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 such calendar year by
substituting `calendar year 2006' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 2007.
SEC. 5. ACCELERATION OF REPEAL OF TAX ON GENERATION-SKIPPING TRANSFERS.
Section 2664 (relating to termination) is amended by striking
``December 31, 2009'' and inserting ``December 31, 2007''.
SEC. 6. EXCLUSION FROM GROSS ESTATE OF VALUE OF PRINCIPAL RESIDENCE.
(a) In General.--Subchapter A of chapter 11 is amended by adding at
the end the following new section:
``SEC. 2059. PRINCIPAL RESIDENCE.
``(a) In General.--For purposes of the tax imposed by section 2001,
in the case of a decedent who was (at the date of the decedent's death)
a citizen or resident of the United States, the value of the taxable
estate shall be determined by deducting from the value of the gross
estate the adjusted value of any residence if--
``(1) such residence is included in determining the value
of the gross estate,
``(2) such residence is located in the United States, and
``(3) during the 8-year period ending on the date of the
decedent's death, there have been periods aggregating 5 years
during which such residence was owned by the decedent or a
member of the decedent's family and used by the decedent or
such a member as their principal residence (within the meaning
of section 121).
``(b) Limitation.--
``(1) In general.--The deduction allowed by this section
shall not exceed $2,000,000.
``(2) Cost-of-living adjustment.--In the case of any
decedent dying in a calendar year after 2008, the $2,000,000
amount in paragraph (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 such calendar year by
substituting `calendar year 2006' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $1,000, such amount shall be rounded to the nearest
multiple of $1,000.
``(c) Adjusted Value.--For purposes of this section, the adjusted
value of property is the value of such property for purposes of this
chapter, reduced by amounts allowable as a deduction in respect to such
property under paragraph (4) of section 2053(a).
``(d) Qualified Heir; Member of the Family.--For purposes of this
section, the terms `qualified heir' and `member of the family' have the
respective meanings given to such terms by section 2032A(e).''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 11 is amended by adding at the end the following new item:
``Sec. 2059. Principal residence.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 2007. | Family Farm, Small Business, and Home Tax Relief Act - Amends the Internal Revenue Code to: (1) accelerate from 2009 to 2008 the $3.5 million unified estate tax credit and adjust such credit amount for inflation in calendar years after 2008; (2) reduce the maximum estate tax rate from 49 to 43% in 2008; (3) restore and increase to $8 million the estate tax deduction for family-owned business interests and adjust such deduction amount for inflation after 2008; (4) accelerate from 2010 to 2008 the repeal of the tax on generation-skipping transfers; and (5) allow an exclusion, in calculating the gross estate for estate tax purposes, of the adjusted value of a decedent's principal residence, up to $2 million. |
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SECTION 1. SHORT TITLE.
This Act may be cited as--
(1) the ``Commercial Alien Smuggling Elimination Act of
2003''; or
(2) the ``CASE Act of 2003''.
SEC. 2. NEW CLASS OF NONIMMIGRANT ALIENS.
(a) In General.--Section 101(a)(15)(S) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the comma at the end and
inserting ``; or'';
(3) by inserting after clause (ii) the following:
``(iii) who the Secretary of Homeland Security, the
Secretary of State, or the Attorney General
determines--
``(I) is in possession of critical reliable
information concerning a commercial alien
smuggling organization or enterprise;
``(II) is willing to supply or has supplied
such information to a Federal or State court;
and
``(III) whose presence in the United States
the Secretary of Homeland Security, the
Secretary of State, or the Attorney General
determines is essential to the success of an
authorized criminal investigation, the
successful prosecution of an individual
involved in the commercial alien smuggling
organization or enterprise, or the disruption
of such organization or enterprise,'';
(4) by inserting ``, or with respect to clause (iii), the
Secretary of Homeland Security, the Secretary of State, or the
Attorney General'' after ``jointly''; and
(5) by striking ``(i) or (ii)'' and inserting ``(i), (ii),
or (iii)''.
(b) Admission of Nonimmigrants.--Section 214(k) of the Immigration
and Nationality Act (8 U.S.C. 1184(k)) is amended--
(1) by adding at the end of paragraph (1) the following:
``The number of aliens who may be provided a visa as nonimmigrants
under section 101(a)(15)(S)(iii) in any fiscal year may not exceed
400.''; and
(2) by adding at the end the following:
``(5) If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that the identity of a
nonimmigrant described in clause (iii) of section 101(a)(15)(S), or
that of any family member of such a nonimmigrant who is provided
nonimmigrant status pursuant to such section, must be protected, such
official may take such lawful action as the official considers
necessary to effect such protection.''.
SEC. 3. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED
FOR PERMANENT RESIDENCE.
Section 245(j) of the Immigration and Nationality Act (8 U.S.C.
1255(j)) is amended--
(1) in paragraph (3), by striking ``(1) or (2),'' and
inserting ``(1), (2), (3), or (4),'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) If, in the opinion of the Secretary of Homeland Security, the
Secretary of State, or the Attorney General--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(iii) has supplied information described
in subclause (I) of such section; and
``(B) the provision of such information has substantially
contributed to the success of a commercial alien smuggling
investigation, the disruption of a commercial alien smuggling
operation, or the prosecution of an individual described in
subclause (III) of that section,
the Secretary of Homeland Security may adjust the status of the alien
(and the spouse, married and unmarried sons and daughters, and parents
of the alien if admitted under that section) to that of an alien
lawfully admitted for permanent residence if the alien is not described
in section 212(a)(3)(E).
``(4) The Secretary of Homeland Security may adjust the status of a
nonimmigrant admitted into the United States under section
101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and
daughters, and parents of the nonimmigrant if admitted under that
section) to that of an alien lawfully admitted for permanent residence
on the basis of a recommendation of the Secretary of State or the
Attorney General.''; and
(4) by adding at the end the following:
``(6) If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that the identity of a person
whose status is adjusted under this subsection must be protected, such
official may take such lawful action as the official considers
necessary to effect such protection.''.
SEC. 4. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) Criminal Penalties.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the
following:
``(4) In the case of a person who has brought aliens into the
United States in violation of this subsection, the sentence otherwise
provided for may be increased by up to 10 years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or more; and
``(C) aliens were transported in a manner that endangered
their lives or the aliens presented a life-threatening health
risk to people in the United States.''.
(b) Rewards Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) is amended by adding at the end the
following:
``(e) Rewards Program.--
``(1) In general.--There is established in the Department
of Homeland Security a program for the payment of rewards to
carry out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
assist in the elimination of commercial alien smuggling
involving the transportation of aliens in groups of 10 or
more--
``(A) in a manner that endangers their lives; or
``(B) who present a life-threatening health risk to
people in the United States.
``(3) Administration.--The rewards program shall be
administered by the Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State.
``(4) Rewards authorized.--In the sole discretion of the
Secretary of Homeland Security, such Secretary, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, may pay a reward to any individual who
furnishes information or testimony leading to--
``(A) the arrest or conviction of any individual
conspiring or attempting to commit an act of commercial
alien smuggling involving the transportation of aliens
in groups of 10 or more--
``(i) in a manner that endangers their
lives; or
``(ii) who present a life-threatening
health risk to people in the United States;
``(B) the arrest or conviction of any individual
committing such an act;
``(C) the arrest or conviction of any individual
aiding or abetting the commission of such an act;
``(D) the prevention, frustration, or favorable
resolution of such an act, including the dismantling of
a commercial alien smuggling organization in whole or
in significant part; or
``(E) the identification or location of an
individual who holds a key leadership position in a
commercial alien smuggling operation involving the
transportation of aliens in groups of 10 or more--
``(i) in a manner that endangers their
lives; or
``(ii) who present a life-threatening
health risk to people in the United States.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Amounts appropriated under this
paragraph shall remain available until expended.
``(6) Ineligibility.--An officer or employee of any
Federal, State, local, or foreign government who, while in
performance of his or her official duties, furnishes
information described in paragraph (4) shall not be eligible
for a reward under this subsection for such furnishing.
``(7) Protection measures.--If the Secretary of Homeland
Security, the Secretary of State, or the Attorney General
determines that the identity of an individual who furnishes
information or testimony described in paragraph (4), or the
identity of any spouse, parent, son, or daughter of such an
individual, must be protected, such official may take such
lawful action as the official considers necessary to effect
such protection.
``(8) Limitations and certification.--
``(A) Maximum amount.--No reward under this
subsection may exceed $100,000, except as personally
authorized by the Secretary of Homeland Security if
such Secretary determines, in consultation, as
appropriate, with the Attorney General and the
Secretary of State, that the offer or payment of an
award of a larger amount is necessary to combat a
commercial alien smuggling operation involving the
transportation of aliens in groups of 10 or more--
``(i) in a manner that endangers their
lives; or
``(ii) who present a life-threatening
health risk to people in the United States.
``(B) Approval.--Any reward under this subsection
exceeding $50,000 shall be personally approved by the
Secretary of Homeland Security.
``(C) Certification for payment.--Any reward
granted under this subsection shall be certified for
payment by the Secretary of Homeland Security.''.
(c) Outreach Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (b), is
further amended by adding at the end the following:
``(f) Outreach Program.--The Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, shall develop and implement an outreach program to
educate the public in the United States and abroad about--
``(1) the penalties for bringing in and harboring aliens in
violation of this section; and
``(2) the financial rewards and other incentives available
for assisting in the investigation, disruption, or prosecution
of a commercial smuggling operation.''. | Commercial Alien Smuggling Elimination Act of 2003 or the CASE Act of 2003 - Amends the Immigration and Nationality Act to establish within the S visa nonimmigrant classification (criminal or terrorist law enforcement assistance) a category for an alien: (1) who has reliable information about a commercial alien smuggling enterprise; (2) who is willing to supply or has supplied such information to a Federal or State court; and (3) whose presence in the United States is essential to such investigation. Authorizes: (1) up to 400 annual entrants; and (2) status adjustment to permanent resident.
Authorizes measures as necessary to protect such individuals and their families.
Authorizes increased criminal penalties for a person illegally bringing in and harboring aliens into the United States if: (1) part of a commercial enterprise; and (2) the aliens were transported in groups of ten or more, and in a manner that endangered their lives or presented a U.S. health risk. Establishes in the Department of Homeland Security a rewards program to help eliminate such enterprises. (States that Federal, State, local, or foreign officers or employees performing their official duties shall be ineligible for such rewards.) Directs the Secretary of Homeland Security to implement a related public outreach program. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Graduate
Opportunities in Higher Education Act of 2003''.
(b) References.--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
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. JAVITS FELLOWSHIP PROGRAM.
(a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is
amended by adding at the end the following new sentence: ``In the case
of other exceptional circumstances, such as active duty military
service or personal or family member illness, the institution of higher
education may also permit the fellowship recipient to interrupt periods
of study for the duration of the tour of duty (in the case of military
service) or not more than 12 months (in any other case), but without
payment of the stipend.''.
(b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C.
1134a(a)(1)) is amended--
(1) in the first sentence, by inserting ``from diverse
geographic regions'' after ``higher education''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall also assure that at least one representative
appointed to the Board represents an institution that is
eligible for a grant under title III or V of this Act.''.
(c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended--
(1) in subsection (a)--
(A) by striking ``1999-2000'' and inserting ``2004-
2005'';
(B) by striking ``shall be set'' and inserting
``may be set''; and
(C) by striking ``Foundation graduate fellowships''
and inserting ``Foundation Graduate Research Fellowship
Program''; and
(2) in subsection (b), by amending paragraph (1)(A) to read
as follows:
``(1) In general.--(A) The Secretary shall (in addition to
stipends paid to individuals under this subpart) pay to the
institution of higher education, for each individual awarded a
fellowship under this subpart at such institution, an
institutional allowance. Except as provided in subparagraph
(B), such allowance shall be, for 2004-2005 and succeeding
academic years, the same amount as the institutional payment
made for 2003-2004 adjusted for 2004-2005 and annually
thereafter in accordance with inflation as determined by the
Department of Labor's Consumer Price Index for the previous
calendar year.''.
(d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2004 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Designation of Areas of National Need; Priority.--Section 712
(20 U.S.C. 1135a) is amended--
(1) in the last sentence of subsection (b)--
(A) by striking ``and an assessment'' and inserting
``an assessment''; and
(B) by inserting before the period at the end the
following: ``, and the priority described in subsection
(c) of this section''; and
(2) by adding at the end the following new subsection:
``(c) Priority.--The Secretary shall establish a priority for
grants in order to prepare individuals for the professoriate who will
train highly-qualified elementary and secondary school teachers of
math, science, and special education, and teachers who provide
instruction for limited English proficient individuals. Such grants
shall offer program assistance and graduate fellowships for--
``(1) post-baccalaureate study related to teacher
preparation and pedagogy in math and science for students who
have completed a master's degree or are pursuing a doctorate of
philosophy in math and science;
``(2) post-baccalaureate study related to teacher
preparation and pedagogy in special education and English
language acquisition and academic proficiency for limited
English proficient individuals; and
``(3) support of dissertation research in the fields of
math, science, special education, or second language pedagogy
and second language acquisition.''.
(b) Collaboration Required for Certain Applications.--Section
713(b) (20 U.S.C. 1135b) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) in the case of an application for a grant by a
department, program, or unit in education or teacher
preparation, contain assurances that such department, program,
or unit collaborates with departments, programs, or units in
all content areas to assure a successful combination of
training in both teaching and such content; and''.
(c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended--
(1) by striking ``1999-2000'' and inserting ``2004-2005'';
(2) by striking ``shall be set'' and inserting ``may be
set''; and
(3) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program''.
(d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2004-2005'';
and
(2) by striking ``1998-1999'' and inserting ``2003-2004''.
(e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2004 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
(f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is
amended--
(1) by striking ``section 716(a)'' and inserting ``section
715(a)''; and
(2) by striking ``section 714(b)(2)'' and inserting
``section 713(b)(2)''.
SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
(a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) to prepare such students for study at accredited law
schools and assist them with the development of analytical
skills and study methods to enhance their success and promote
completion of law school;'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(6) to award Thurgood Marshall Fellowships to eligible
law school students--
``(A) who participated in summer institutes
authorized by subsection (d) and who are enrolled in an
accredited law school; or
``(B) who are eligible law school students who have
successfully completed a comparable summer institute
program certified by the Council on Legal Educational
Opportunity.''.
(b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
1136(d)(1)(D)) is amended by inserting ``in analytical skills and study
methods'' after ``courses''.
(c) Authorization of Appropriations.--Section 721(h) (20 U.S.C.
1136(h)) is amended by striking ``1999 and each of the 4 succeeding
fiscal years'' and inserting ``2004 and each of the 5 succeeding fiscal
years''.
(d) General Provisions.--Subsection (e) of section 731 (20 U.S.C.
1137(e)) is repealed.
SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.
(a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
1138(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the encouragement of the reform and improvement of,
and innovation in, postsecondary education and the provision of
educational opportunity for all, especially for the non-
traditional student populations;'';
(2) in paragraph (2), by inserting before the semicolon at
the end the following: ``for postsecondary students, especially
those that provide academic credit for programs'';
(3) by amending paragraph (3) to read as follows:
``(3) the establishment of institutions and programs based
on the technology of communications, including delivery by
distance education;''; and
(4) by amending paragraph (6) to read as follows:
``(6) the introduction of institutional reforms designed to
expand individual opportunities for entering and reentering
postsecondary institutions and pursuing programs of
postsecondary study tailored to individual needs;''.
(b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is
amended by striking paragraph (4) and inserting the following:
``(4) International cooperation, partnerships, or student
exchange among postsecondary educational institutions in the
United States and abroad.
``(5) Establishment of academic programs including graduate
and undergraduate courses, seminars and lectures, support of
research, and development of teaching materials for the purpose
of supporting faculty and academic programs that teach
traditional American history (including significant
constitutional, political, intellectual, economic, diplomatic,
and foreign policy trends, issues, and documents; the history,
nature, and development of democratic institutions of which
American democracy is a part; and significant events and
individuals in the history of the United States).
``(6) Support for planning, applied research, training,
resource exchanges or technology transfers, the delivery of
services, or other activities the purpose of which is to design
and implement programs to enable institutions of higher
education to work with private and civic organizations to
assist communities to meet and address their pressing and
severe problems, including economic development, community
infrastructure and housing, crime prevention, education, healthcare,
self sufficiency, and workforce preparation.''.
(c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d)
is amended by striking ``$30,000,000 for fiscal year 1999 and such sums
as may be necessary for each of the 4 succeeding fiscal years'' and
inserting ``$40,000,000 for fiscal year 2004 and such sums as may be
necessary for each of the 5 succeeding fiscal years'' .
SEC. 6. URBAN COMMUNITY SERVICE.
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES
RECEIVE A QUALITY HIGHER EDUCATION.
(a) Serving All Students With Disabilities.--Section 762(a) (20
U.S.C. 1140a(a)) is amended by striking ``students with learning
disabilities'' and inserting ``students with disabilities''.
(b) Authorized Activities.--
(1) Amendment.--Section 762(b)(2) is amended--
(A) in subparagraph (A), by inserting ``in order to
improve retention and completion'' after
``disabilities'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (E), respectively;
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Effective transition practices.--The
development of innovative, effective, and efficient
teaching methods and strategies to ensure the smooth
transition of students with disabilities from high
school to postsecondary education.''; and
(D) by inserting after subparagraph (C) (as
redesignated by subparagraph (B) of this paragraph) the
following new subparagraph:
``(D) Distance learning.--The development of
innovative, effective, and efficient teaching methods
and strategies to provide faculty and administrators
with the ability to provide accessible distance
education programs or classes that would enhance access
of students with disabilities to higher education,
including the use of electronic communication for
instruction and advisement.''.
(2) Conforming amendment.--Section 762(b)(3) is amended by
striking ``subparagraphs (A) through (C)'' and inserting
``subparagraphs (A) through (E)''.
(c) Applications.--Section 763 (20 U.S.C. 1140b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) a description of how such institution plans to
address the activities allowed under this part;'';
(2) by striking ``and'' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) a description of the extent to which an institution
will work to replicate the best practices of institutions of
higher education with demonstrated success in serving students
with disabilities.''.
(d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2004 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
Passed the House of Representatives October 21, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Graduate Opportunities in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise requirements for Graduate and Postsecondary Improvement Programs (title VII), and to reauthorize appropriations for some of such programs through FY 2009.
(Sec. 2) Revises the Jacob K. Javits fellowship program. Directs the Secretary of Education to give grant priority to institutions of higher education (IHEs) for fellowships to students in advanced linguistic studies and courses that prepare teachers to teach students with limited English proficiency. Permits IHEs to allow fellowship recipients an interruption of study due to active duty military service or a personal or family member illness. Revises requirements for allocation of fellowships. Directs the Secretary to ensure that one member of the fellowship board will be from a minority-serving institution. Reauthorizes appropriations through FY 2009.
(Sec. 3) Revises the program of graduate assistance in areas of national need. Directs the Secretary to give grant priority to IHEs to prepare mathematics, science and special education faculty who can train highly qualified mathematics, science, or special education teachers for service in elementary and secondary schools. Revises requirements relating to designation of areas of national need, stipends, and additional assistance. Reauthorizes appropriations through FY 2009.
(Sec. 4) Revises requirements for the Thurgood Marshall legal educational opportunity program. Revises activities for which the Council on Legal Education Opportunity (CLEO) is to use program contract and grant funds provided by the Secretary to include: (1) assisting students to develop analytical skills and study methods; and (2) awarding such fellowships to eligible law school students who either participated in summer institutes and are enrolled in an accredited law school or have successfully completed a comparable summer institute certified by CLEO. Revises types of program services to provide that undergraduate preparatory courses be in analytical skills and study methods. Reauthorizes appropriations through FY 2009.
(Sec. 5) Revises requirements for the Secretary's Fund for the Improvement of Postsecondary Education program contracts and grants. Authorizes consideration of applications for projects relating to: (1) the needs of nontraditional student populations; (2) distance education delivery through communications technology; and (3) expanded opportunities to enter and reenter postsecondary institutions and pursue study programs tailored to individual needs. Includes among special projects international partnerships with postsecondary institutions abroad. Reauthorizes appropriations through FY 2009.
Eliminates continuation awards under certain parts of title VII of HEA.
(Sec. 6) Eliminates the Urban Community Service program (part C of title VII of HEA).
(Sec. 7) Revises requirements for demonstration projects to ensure that students with disabilities receive a quality higher education. Includes among authorized project activities developing innovative, effective, and efficient teaching methods and strategies to: (1) ensure such students' smooth transition from high school to postsecondary education; and (2) enable faculty and administrators to provide accessible distance education programs or classes to enhance such students' access to higher education. Requires project grant applications to describe how the IHE will work to replicate the best practices of IHEs with demonstrated success in serving students with disabilities. Reauthorizes appropriations through FY 2009. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. APPEALS PROCESS.
(a) Reference.--Whenever in this section 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 title 5, United States Code.
(b) Time Period for Decision.--Section 8118 is amended by adding at
the end the following:
``(f) An initial decision by the Secretary of Labor shall be made
within 90 days of the date the claim is filed by the employee. If an
initial decision is not made within such 90 days, the claimant shall be
authorized further payment of full and normal salary until at such time
an initial decision is reached. An employer may not hold or delay the
filing of the claim. An agency may not withhold the filing of a claim,
deny forms to file a claim, or obstruct, threaten, or induce a claimant
to forego filing a claim. An agent of an agency may not falsify,
induce, or compel false testimony to deny or controvert a claim.''.
(c) Claimant's Physician.--Section 8123(a) is amended to read as
follows:
``(a) An employee shall submit to an actual physical examination by
a physician designated or approved by the Secretary of Labor, when so
ordered by the administrative law judge. In cases of surgery, a second
opinion examination shall be required before such surgery, except in
life threatening circumstances or where additional disability will
result if there is a delay. A medical report from a treating physician
is predominant and sufficient for a case unless there are serious and
legal reasons to suspect the medical evidence. Legal and medical
examinations and reports, ordered by administrative law judges, will
only be required where there are legal questions to be resolved with
regard to the nature of the injury or with regard to whether the event
that caused the injury was work-related or work-caused. The claimant
shall have the right to have the claimant's own physician or a witness
or representative present during the exam. The employee may have a
physician designated and paid by the employee present to participate in
the examination. If there is any disagreement between the physician for
the Secretary and the claimant's physician, a list of 3 physicians of
the appropriate Board Certified Specialty shall be tendered to the
claimant who shall choose the physician to conduct the final
examination with respect to the medical and legal issues in
disagreement. The Secretary shall provide the claimant's physician with
the same opportunity and information as is provided to the physician
acting for the Secretary, including the statement of accepted facts and
all medical information in the claimant's file.''.
(d) Physician Fees.--Section 8123(c) is amended to read as follows:
``(c) The Secretary shall fix the fees for physicians under this
section such that the physicians representing the Secretary shall be
limited to the same structure and amounts allowed to claimants'
physicians. All medical bills shall be paid within 60 days of billing,
except during the initial claims processing, and in that case they
shall be paid within 60 days of acceptance of the claim.''.
(e) Hearing Date.--Section 8124(b)(1) is amended to read as
follows:
``(b)(1) Administrative review of an initial decision of which the
claimant is not satisfied may be appealed for an oral hearing before
the administrative law judges of the Department of Labor. A request for
an oral hearing must be made within 180 days of the date of the initial
decision being appealed. A hearing must be held within 90 days of the
date requested, or compensation denied or reduced shall be reinstated
until such time as the hearing is given and a decision reached.
Decisions regarding the issues brought on appeal shall be rendered
within 30 days of the hearing or benefits will be reinstated if denied
or reduced until a decision is reached.''.
(f) Claimant's Authority.--Section 8124(b)(2) is amended to read as
follows:
``(2) In conducting the hearing, the Secretary shall follow the
requirements of chapter 5. The claimant shall have the right to
confront and cross examine all adverse witnesses and present such
evidence as the claimant feels necessary for consideration of the
claim. The claimant's employer shall not be present at the hearing but
shall be provided an opportunity to comment on the transcript of the
hearing.''.
(g) Representation; Representative Fees.--Section 8127 is amended
by adding at the end the following:
``(c) Except as provided in subsection (d), claimant's attorney or
representative shall be entitled to receive a fee of 15 percent of the
benefits awarded to the claimant.
``(d) If the claimant prevails in a decision of a Federal court
under chapter 7, the claimant's attorney shall be paid by the
Secretary, but not from the claimant's award for the work of such
attorney if the position of the Secretary with respect to such claimant
was found under section 2412(c) of title 28 to be not substantially
justified.''.
(h) Review of Award.--Section 8128 is amended by striking
subsections (a) and (b) and insert the following:
``Once a claim for compensation has been accepted, the Secretary
may only end, decrease, or increase compensation by meeting a burden of
proof standard that there was sufficient cause to perform a review. The
claimant shall have the right to petition for review of adverse
decisions at any time upon the submission of a new legal argument or
new factual evidence not previously considered. Any denial of a
petition for review or adverse decision arising out of a petition for
review shall be reviewable under section 8124. Decisions on petitions
for review shall be rendered no later than 90 days from the date
received by the Secretary or his designee.''.
(i) Reemployment and Vocational Rehabilitation.--(1) Section 8104
is amended to read as follows:
``Sec. 8104. Reemployment and vocational rehabilitation
``(a) The Secretary of Labor shall provide vocational
rehabilitation services to any permanently disabled claimant who
requests or whose physician requests such services. The claimant shall
choose the vocational service provider, and insofar as practicable use
the State services already funded by the Secretary of Health and Human
Services. If a private counselor is used, the claimant shall have sole
right to pick the provider and the fees shall be paid out of the
Employees' Compensation Fund.
``(b) Federal employers shall give first priority of placement to
injured Federal workers in positions commensurate with their pay at
time of injury and disability. Such positions include any positions for
which the claimant may already have experience or ones that they can be
trained in. No person may retaliate, punish, deny work, deny promotion,
or carry out any other discriminatory act against a claimant for filing
a claim for compensation.''.
(2) The table of sections for chapter 81 of title 5, United States
Code, is amended by striking the item relating to section 8104 and
inserting the following:
``8104. Reemployment and vocational rehabilitation.''. | Amends Federal civil service law to revise the appeals process under provisions for workers' compensation for Federal employees.
Authorizes the Secretary of Labor to provide vocational rehabilitation services to any permanently disabled claimant who requests or whose physician requests such 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 ``Santa Ynez Band of Chumash Mission
Indians Land Transfer Act of 2016''.
SEC. 2. TRANSFER OF LAND IN TRUST FOR SANTA YNEZ BAND OF CHUMASH
MISSION INDIANS.
(a) Transfer and Administration.--
(1) Transfer of lands into trust.--If the Tribe transfers
title to the land described in subsection (b) to the United
States, the Secretary shall take that land into trust for the
benefit of the Tribe, subject to valid existing rights and to
the terms relating to an easement as set forth in the
stipulated judgment in Willard W. Shepherd v. Fess Parker Ranch
LLC filed in the Superior Court of the State of California for
the County of Santa Barbara on January 26, 2004.
(2) Administration.--The land transferred under paragraph
(1) shall be part of the Santa Ynez Indian Reservation and
administered in accordance with the laws and regulations
generally applicable to land held in trust by the United States
for an Indian tribe.
(3) Effect.--For purposes of certain California State laws
(including the California Land Conservation Act of 1965,
Government Code Section 51200, et seq.), placing the land
described in subsection (b) into trust shall remove any
restrictions on the property pursuant to California Government
Code Section 51295 or any other provision of such Act.
(b) Legal Description of Lands Transferred.--The lands to be
transferred pursuant to this Act are described as follows:
Legal Land Description/Site Location:
Real property in the unincorporated area of the County of Santa
Barbara, State of California, described as follows:
PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-10)
LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL
RECORDS.
PARCEL 2: (PORTION OF APN: 141-140-10)
LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL
RECORDS.
PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-10)
LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10,
AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED
TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968
IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL
RECORDS.
PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10)
LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL
RECORDS.
PARCEL 5: (PORTION OF APN: 141-230-23)
THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED
TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968
IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584 OF OFFICIAL
RECORDS.
(c) Rules of Construction.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(2) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(3) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before the
date of the enactment of this Act.
(d) Restricted Use of Transferred Lands.--The Tribe may not
conduct, on the land described in subsection (b) taken into trust for
the Tribe pursuant to this Act, gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
(e) Definitions.--For the purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
Chumash Mission Indians. | Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2016 (Sec. 2) This bill directs the Department of the Interior to take specified lands in Santa Barbara County, California, into trust for the Santa Ynez Band of Chumash Mission Indians, subject to valid existing rights and to the terms in a certain stipulated judgment relating to a specified easement, if the Tribe transfers title to that land to the United States. (Placing that land into trust removes certain restrictions on the property under California law.) The transferred land shall become part of the Santa Ynez Indian Reservation. No gaming may be conducted on the land. |
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 ``Right To Know About Airport
Pollution Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the serious ground level ozone, noise, water pollution,
and solid waste disposal problems attendant to airport
operations require a thorough evaluation of all significant
sources of pollution;
(2) the Clean Air Act (42 U.S.C. 7401 et seq.)--
(A) requires each State to reduce emissions
contributing to ground level ozone problems and
maintain those reductions; and
(B) requires the Administrator of the Environmental
Protection Agency to study, in addition to other
sources, the effects of sporadic, extreme noise (such
as jet noise near airports) on public health and
welfare;
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) establishes a regulatory and enforcement program for
discharges of wastes into waters;
(4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.)
establishes primary drinking water standards and a ground water
control program;
(5) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
regulates management and disposal of solid and hazardous waste;
(6) a study of air pollution problems in California--
(A) has determined that airports are significant
sources of air pollution; and
(B) has led to the creation of an airport bubble
concept; and
(7) the airport bubble concept is an approach that--
(A) treats an airport and the area within a
specific radius around the airport as a single source
of pollution that emits a range of pollutants,
including air, noise, water, and solid waste; and
(B) seeks, by implementation of specific programs
or regulations, to reduce the pollution from each
source within the bubble and thereby reduce the overall
pollution in that area.
(b) Purpose.--The purpose of this Act is to require the
Administrator to conduct--
(1) a feasibility study for applying airport bubbles to
airports as a method of assessing and reducing, where
appropriate, air, noise, water, and solid waste pollution in
and around the airports and improving overall environmental
quality; and
(2) a study of air pollutant emission standards established
by the Environmental Protection Agency for airplane engines to
determine whether it is feasible and desirable to strengthen
the standards.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Airport bubble.--The term ``airport bubble'' means an
area--
(A) in and around an airport (or other facility
using aircraft) within which sources of pollution and
levels of pollution from those sources are to be
identified and reduced; and
(B) containing a variety of types of air, noise,
water, and solid waste sources of pollution in which
the aggregate of each type of pollutant from the
respective sources is regulated as if the various
sources were a single source.
SEC. 4. STUDY OF USING AIRPORT BUBBLES.
(a) In General.--The Administrator shall conduct a study to
determine the feasibility of regulating air, noise, water, and solid
waste pollution from all sources in and around airports using airport
bubbles.
(b) Working Group.--In conducting the study, the Administrator
shall establish and consult with a working group comprised of--
(1) the Administrator of the Federal Aviation
Administration (or a designee);
(2) the Secretary of Defense (or a designee);
(3) the Secretary of Transportation (or a designee);
(4) a representative of air quality districts;
(5) a representative of environmental research groups;
(6) a representative of State Audubon Societies;
(7) a representative of the Sierra Club;
(8) a representative of the Nature Conservancy;
(9) a representative of port authorities of States;
(10) an airport manager;
(11) a representative of commanding officers of military
air bases and stations;
(12) a representative of the bus lines that serve airports
who is familiar with the emissions testing and repair records
of those buses, the schedules of those lines, and any problems
with delays in service caused by traffic congestion;
(13) a representative of the taxis and limousines that
serve airports who is familiar with the emissions testing and
repair records of the taxis and limousines and the volume of
business generated by the taxis and limousines;
(14) a representative of local law enforcement agencies or
other entities responsible for traffic conditions in and around
airports;
(15) a representative of the Air Transport Association;
(16) a representative of the Airports Council
International-North America;
(17) a representative of environmental specialists from
airport authorities; and
(18) a representative from an aviation union representing
ground crews.
(c) Required Elements.--In conducting the study, the Administrator
shall--
(1) collect, analyze, and consider information on the
variety of stationary and mobile sources of air, noise, water,
and solid waste pollution within airport bubbles around
airports in the United States, including--
(A) aircraft, vehicles, and equipment that service
aircraft (including main and auxiliary engines); and
(B) buses, taxis, and limousines that serve
airports;
(2) study a statistically significant number of airports
serving commercial aviation in a manner designed to obtain a
representative sampling of such airports;
(3) consider all relevant information that is available,
including State implementation plans under the Clean Air Act
(42 U.S.C. 7401 et seq.) and airport master plans;
(4) consider the air quality implications of airport and
ground and in-flight aircraft operations, such as routing and
delays;
(5) assess the role of airports in interstate and
international travel and commerce and the environmental and
economic impact of regulating airports as significant sources
of air, noise, water, and solid waste pollution;
(6) propose boundaries of the areas to be included within
airport bubbles;
(7) propose a definition of air pollutant emissions for
airport bubbles that includes hydrocarbons, volatile organic
compounds, and other ozone precursors targeted for reduction
under Federal air pollution law;
(8) develop an inventory of each source of air, noise,
water, and solid waste pollution to be regulated within airport
bubbles and the level of reduction for each source;
(9) list and evaluate programs that might be implemented to
reduce air, noise, water, and solid waste pollution within
airport bubbles and the environmental and economic impact of
each of the programs, including any changes to Federal or State
law (including regulations) that would be required for
implementation of each of the programs;
(10) evaluate the feasibility of regulating air, noise,
water, and solid waste pollutants in and around airports using
airport bubbles and make recommendations regarding which
programs should be included in an effective implementation of
airport bubble methodology; and
(11) address the issues of air and noise pollution source
identification and regulation that are unique to military air
bases and stations.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing the results and recommendations of the study required by
this section.
SEC. 5. STUDY OF EMISSION STANDARDS FOR AIRPLANE ENGINES.
(a) In General.--The Administrator shall conduct a study of air
pollutant emission standards established by the Environmental
Protection Agency for airplane engines to determine whether it is
feasible and desirable to strengthen the standards.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing the results and recommendations of the study required by
this section.
SEC. 6. PROGRESS REPORTS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter until the reports under sections 4 and 5 are
submitted, the Administrator shall submit to Congress a report that
details the progress being made by the Administrator in carrying out
sections 4 and 5.
SEC. 7. REPORTING OF TOXIC CHEMICAL RELEASES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate regulations
requiring each airport that regularly serves commercial or military jet
aircraft to report, under section 313 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11023) and section 6607
of the Pollution Prevention Act of 1990 (42 U.S.C. 13106), releases and
other waste management activities associated with the manufacturing,
processing, or other use of toxic chemicals listed under section 313 of
the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11023), including toxic chemicals manufactured, processed, or
otherwise used--
(1) during operation and maintenance of aircraft and other
motor vehicles at the airport; and
(2) in the course of other airport and airline activities.
(b) Treatment as a Facility.--For the purpose of subsection (a), an
airport shall be considered to be a facility as defined in section 329
of the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11049).
SEC. 8. FUNDING.
The Administrator shall carry out this Act using existing funds
available to the Administrator. | Right To Know About Airport Pollution Act of 1999 - Directs the Administrator of the Environmental Protection Agency (EPA) to study, and report to Congress on: (1) the feasibility of regulating air, noise, water, and solid waste pollution from all sources in and around airports using airport bubbles; and (2) the feasibility and desirability of strengthening EPA air pollutant emissions standards for airplane engines. Defines an "airport bubble" as an area: (1) in and around an airport (or other facility using aircraft) within which sources of pollution and levels of pollution from those sources are to be identified and reduced; and (2) containing a variety of types of air, noise, water, and solid waste sources of pollution in which the aggregate of each type of pollutant from the respective source is regulated as if the various sources were a single source.
Requires the Administrator to promulgate regulations requiring each airport that regularly serves commercial or military jet aircraft to report, under toxic chemical release reporting provisions of the Emergency Planning and Community Right-To-Know Act of 1986 and source reduction and recycling data collection provisions of the Pollution Prevention Act of 1990, releases and other waste management activities associated with the manufacturing, processing, or other use of toxic chemicals listed under the Emergency Planning and Community Right-To-Know Act of 1986. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. RELEASE OF PRODUCTS FROM NORTHEAST HOME HEATING OIL RESERVE
ACCOUNT.
Section 183 of the Energy Policy and Conservation Act (42 U.S.C.
6250b) is amended by striking subsection (a) and inserting the
following:
``(a) Findings.--
``(1) Optional releases.--
``(A) In general.--Subject to paragraph (2), the
Secretary may sell products from the Reserve only on a
finding by the President that--
``(i) there is a severe energy supply
interruption; or
``(ii) the price of home heating oil
threatens the health and safety of residents of
the Northeast.
``(B) Requirement.--The President may make a
finding under subparagraph (A) only if the President
determines that--
``(i) a dislocation in the heating oil
market has resulted from an interruption
described in subparagraph (A)(i);
``(ii) the price of home heating oil has
increased by such an extent that the Northeast
is experiencing, or will experience, an
emergency situation that threatens the safety
and health of residents of the Northeast; or
``(iii)(I) a circumstance (other than a
circumstance described in clause (i) or (ii))
exists that constitutes a regional supply
shortage of significant scope and duration; and
``(II) action taken under this section
would assist directly and significantly in
reducing the adverse impact of the shortage.
``(2) Mandatory releases.--
``(A) In general.--For each fiscal year, the
Secretary shall sell--
``(i) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as reported in the retail
price data of the Energy Information
Administration for the Northeast) is equal to
or more than $4.00 per gallon (in 2008 dollars)
on November 1 of that fiscal year;
``(ii) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as so reported) is equal
to or more than $4.00 per gallon (in 2008
dollars) on December 1 of that fiscal year;
``(iii) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as so reported) is equal
to or more than $4.00 per gallon (in 2008
dollars) on January 1 of that fiscal year;
``(iv) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as so reported) is equal
to or more than $4.00 per gallon (in 2008
dollars) on February 1 of that fiscal year; and
``(v) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as so reported) is equal
to or more than $4.00 per gallon (in 2008
dollars) on March 1 of that fiscal year.
``(B) Use of revenue.--The Secretary shall use any
revenue derived from the sale of products in the
Reserve under subparagraph (A) to provide assistance to
low-income consumers of heating oil under the
Weatherization Assistance Program for Low-Income
Persons established under part A of title IV of the
Energy Conservation and Production Act (42 U.S.C. 6861
et seq.).''. | Amends the Energy Policy and Conservation Act to revise requirements for the sale by the Secretary of Energy of products from the Northeast Home Heating Oil Reserve.
Authorizes the Secretary to sell from the Reserve if the President finds that: (1) there is a severe energy supply interruption (as under existing law); or (2) the price of home heating oil threatens the health and safety of residents of the Northeast.
Requires the Secretary to sell specified percentages of the quantity of products in the Reserve as of November 1 of a fiscal year if the President finds that, on successive monthly winter dates of the same fiscal year, the average retail price of No.2 heating oil in the Northeast is equal to or more than $4.00 per gallon (in 2008 dollars).
Requires the Secretary to use any revenue derived from such sales to provide assistance to low-income consumers of heating oil under the Weatherization Assistance Program for Low-Income Persons of the Energy Conservation and Production Act. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``California Coastal
National Monument Expansion Act of 2013''.
(b) Definitions.--In this Act:
(1) Map.--The term ``map'' means the map created by the
Bureau of Land Management, entitled ``California Coastal
National Monument Addition'' and dated September 15, 2012.
(2) Monument.--The term ``Monument'' means the California
Coastal National Monument established by Presidential
Proclamation 7264.
(3) Point arena-stornetta public lands.--The term ``Point
Arena-Stornetta Public Lands'' means the Federal land
comprising approximately 1,255 acres in Mendocino County,
California, as generally depicted on the map.
(4) Presidential proclamation 7264.--The term
``Presidential Proclamation 7264'' means Presidential
Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg.
2821).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the Point Arena-Stornetta Public Lands contain
significant natural resources, including important wildlife
habitat, several riparian corridors, extensive wetlands, ponds
and other water sources, cypress groves, meadows, and sand
dunes that should be preserved for present and future
generations;
(2) the ocean and coastal ecosystems adjacent to the Point
Arena-Stornetta Public Lands are internationally recognized as
significant centers of coastal upwelling that support the
diverse, abundant, and productive marine ecosystems and
wildlife underlying the local economy and identity of coastal
communities;
(3) the Point Arena-Stornetta Public Lands tell an
important story about the coastal prehistory and history of
California in the context of the surrounding region and
communities;
(4) the coastal area surrounding the Point Arena-Stornetta
Public Lands was traditionally used by Indian people, including
the Pomo Indian tribes;
(5) the Point Arena-Stornetta Public Lands are historically
associated with adjacent land managed for the enjoyment of
current and future generations, including the Arena Rock Marine
Natural Preserve, and Manchester Beach State Park;
(6) the Point Arena-Stornetta Public Lands represent a
model partnership where future management can be successfully
accomplished among the Federal Government, State of California,
Mendocino County, local communities, and private groups;
(7) permanent protection of the Point Arena-Stornetta
Public Lands will provide important economic benefits to
surrounding communities, and has broad public support;
(8) the Point Arena-Stornetta Public Lands would make a
significant addition to the California Coastal National
Monument and National Landscape Conservation System
administered by the Bureau of Land Management of the Department
of the Interior; and
(9) statutory protection is necessary to ensure that the
Point Arena-Stornetta Public Lands remain a part of the
historical, cultural, and natural heritage of the United States
and a source of inspiration for the people of the United
States.
(b) Purpose.--The purpose of this Act is to protect, conserve, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important historical, natural, cultural,
scientific, educational, scenic, and recreational values of the Point
Arena-Stornetta Public Lands, while allowing certain recreational and
research activities to continue.
SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT.
(a) In General.--The boundary of the Monument established by
Presidential Proclamation 7264 is expanded to include the Federal land
shown on the map.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a map and boundary description of land added to the Monument by
this Act.
(2) Force and effect.--The map and boundary description
filed under paragraph (1) shall have the same force and effect
as if included in this Act, except that the Secretary may
correct any minor errors in the map and boundary descriptions.
(3) Availability of map and boundary description.--The map
and boundary description filed under paragraph (1) shall be on
file and available for public inspection in appropriate offices
of the Bureau of Land Management.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall manage the land added to the
Monument by this Act--
(1) as a part of the Monument; and
(2) in accordance with Presidential Proclamation 7264.
(b) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall finalize an
amendment to the Monument management plan for the long-term
protection and management of the land added to the Monument by
this Act.
(2) Requirements.--The plan amendment shall--
(A) be developed with an opportunity for full
public participation; and
(B) describe the appropriate uses and management of
the land consistent with this Act.
(c) Motorized and Mechanized Transport.--Except as needed for
emergency or authorized administrative purposes, the use of motorized
and mechanized vehicles in the Monument shall be permitted only on
roads and trails designated for that use.
(d) Incorporation of Land and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
or interests in land within or adjacent to the land added to
the Monument by this Act only through exchange, donation, or
purchase from a willing seller.
(2) Management.--Any land or interests in land within or
adjacent to the land added to the Monument by this Act acquired
by the United States after the date of enactment of this Act
shall be added to and administered as part of the Monument.
(e) Overflights.--Nothing in this Act--
(1) restricts or precludes overflights, including low-level
overflights or military, commercial, and general aviation
overflights that can be seen or heard within the land added to
the Monument by this Act;
(2) restricts or precludes the designation or creation of
new units of special use airspace or the establishment of
military flight training routes over the land added to the
Monument by this Act; or
(3) modifies regulations governing low-level overflights
above the adjacent Gulf of the Farallones National Marine
Sanctuary.
(f) Law Enforcement.--Nothing in this Act effects the law
enforcement authorities of the Department of Homeland Security.
(g) Native American Uses.--Nothing in this Act enlarges,
diminishes, or modifies the rights of any Indian tribe or Indian
religious community.
(h) Buffer Zones.--
(1) In general.--The expansion of the Monument is not
intended to lead to the establishment of protective perimeters
or buffer zones around the land included in the Monument by
this Act.
(2) Activities outside the monument.--The fact that
activities outside the Monument can be seen or heard within the
land added to the Monument by this Act shall not, of itself,
preclude those activities or uses up to the boundary of the
Monument.
(i) Grazing.--Nothing in this Act affects the grazing of livestock
within the Point Arena-Stornetta Public Lands.
(j) National Landscape Conservation System.--The Secretary shall
manage the Monument as part of the National Landscape Conservation
System. | California Coastal National Monument Expansion Act of 2013 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California. Requires management of such lands: (1) in accordance with such Proclamation, and (2) as part of the Monument. Instructs the Secretary of the Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires management of the Monument as part of the National Landscape Conservation System. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. CERTAIN REQUIREMENTS INAPPLICABLE TO SECOND-HAND SELLERS.
Section 19 of the Consumer Product Safety Act (15 U.S.C. 2068) is
amended by adding at the end thereof the following:
``(c) Exceptions for Second-hand Sellers.--
``(1) In general.--It is not a violation of subsection
(a)(1) or (a)(2) of this section for a second-hand seller to
sell, offer for sale, or distribute in commerce--
``(A) a consumer product for resale that is treated
as a banned hazardous substance under the Federal
Hazardous Substances Act (15 U.S.C. 1261 et seq.)
because of the application of section 101(a) of the
Consumer Product Safety Improvement Act of 2008 (15
U.S.C. 1278a); or
``(B) a children's product without the label
required by section 14(c) of this Act.
``(2) Second-hand seller defined.--In this subsection, the
term `second-hand seller' means--
``(A) a consignment shop, thrift shop, or similar
enterprise that sells, offers for sale, or distributes
in commerce a product after the first retail sale of
that product;
``(B) an individual who utilizes the Internet, a
yard sale, or other casual means of selling, or
offering for sale, such a product; or
``(C) a person who sells, or offers for sale, such
a product at an auction for the benefit of a nonprofit
organization.''.
SEC. 2. PROSPECTIVE APPLICATION OF LEAD CONTENT AND THIRD PARTY TESTING
RULES.
(a) Lead Content.--Section 101(a) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a(a)) is amended--
(1) by striking ``(b) beginning on the dates provided in
paragraph (2),'' in paragraph (1) and inserting ``(b),'';
(2) by striking ``(15 U.S.C. 1261 et seq.).'' in paragraph
(1) and inserting ``(15 U.S.C. 1261 et seq.) if it is
manufactured after the date on which such limit takes
effect.'';
(3) by striking ``180 days'' in paragraph (2)(A) and
inserting ``360 days'';
(4) by striking ``1 year'' in paragraph (2)(B) and
inserting ``18 months'';
(5) by striking ``3 years'' in paragraph (2)(C) and
inserting ``3\1/2\ years''; and
(6) by striking ``3 years'' in paragraph (2)(D) and
inserting ``3\1/2\ years''.
(b) Third Party Testing.--Section 14(a)(3)(A) of the Consumer
Product Safety Act (15 U.S.C. 2063(a)(3)(A)) is amended by inserting
``after August 9, 2009, and'' after ``manufactured''.
(c) Application.--The amendments made by subsections (a) and (b)
shall be treated as having taken effect on August 15, 2008.
SEC. 3. LEAD CONTENT CERTIFICATION; WAIVER OF THIRD PARTY TESTING
REQUIREMENT.
Section 14(g) of the Consumer Product Safety Act (15 U.S.C.
2063(g)) is amended by adding at the end thereof the following:
``(5) Special rule for lead content testing and
certification.--Subsection (a) shall not require the
manufacturer or private labeler of a product to test a product
for, or certify it with respect to, lead content if--
``(A) each component of the product has been tested
for lead content by the manufacturer or private labeler
of the component; and
``(B) the manufacturer or private labeler of each
such component certifies that the component (including
paint, electroplating, and other coatings) does not
contain more lead than the limit established by section
101(a)(2) of the Consumer Product Safety Improvement
Act of 2008 (15 U.S.C. 1278a(a)(2)).''.
SEC. 4. SUSPENSION OF ENFORCEMENT PENDING FINAL REGULATIONS.
Notwithstanding any provision of law to the contrary, neither the
Consumer Product Safety Commission nor the Attorney General of any
State may initiate an enforcement proceeding under the Consumer Product
Safety Act or the Federal Hazardous Substances Act for failure to
comply with the requirements of, or for violation of, the following
provisions of law until 30 days after the date on which the Commission
issues the referenced rule, regulation, or guidance:
(1) Section 101(a) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a) with respect to
materials, products, or parts described in subsection (b)(1),
until the date on which the Commission promulgates a final rule
providing the guidance required by section 101(b)(2)(B) of that
Act.
(2) Section 101(a) of that Act with respect to certain
electronic devices described in section 101(b)(4) of that Act,
until the date on which the Commission, by final regulation,
issues the requirements described in subparagraph (A) of
section 101(b)(4) and establishes the schedule described in
subparagraph (A) of section 101(b)(4).
(3) Section 14(a)(1) or (2) of the Consumer Product Safety
Act (15 U.S.C. 2063(a)(1) or (2)), until the date on which--
(A) the Commission has established and published
final notice of the requirements for accreditation of
third party conformity assessment bodies under section
14(a)(3)(B)(vi) of that Act for products to which
children's product safety rules established or revised
before August 14, 2008, apply,
(B) the Commission has established by final
regulation requirements for the periodic audit of third
party conformity assessment bodies under section
14(d)(1) of that Act (15 U.S.C. 2063(d)(1)), or
(C) the Commission has by final regulation
initiated the program required by section 14(d)(2)(A)
of that Act (15 U.S.C. 2063(d)(2)(A)) and established
protocols and standards under section 14(d)(2)(B) of
that Act (15 U.S.C. 2063(d)(2)(B)),
whichever is last.
SEC. 5. WAIVER OF CIVIL PENALTY FOR INITIAL GOOD FAITH VIOLATION.
Section 20(c) of the Consumer Product Safety Act (15 U.S.C.
2069(c)) is amended by adding at the end thereof the following: ``The
Commission shall waive any civil penalty under this section if the
Commission determines that--
``(1) the violation is the first violation of section 19(a)
by that person; and
``(2) the person was acting in good faith with respect to
the act or omission that constitutes the violation.''.
SEC. 6. SMALL ENTERPRISE COMPLIANCE ASSISTANCE.
(a) In General.--Within 180 days after the date of enactment of
this Act, or as soon thereafter as is practicable, the Consumer Product
Safety Commission, in consultation with the Small Business
Administration and State small business agencies, shall develop a
compliance guide for small enterprises to assist them in complying with
the requirements of the Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) and other Acts enforced by the Commission.
(b) Contents.--The guide--
(1) shall be designed to assist small enterprises to
determine--
(A) whether the Consumer Product Safety Act (or any
other Act enforced by the Commission) applies to their
business activities;
(B) whether they are considered distributors,
manufacturers, private labelers, or retailers under the
Act; and
(C) which rules, standards, regulations, or
statutory requirements apply to their business
activities;
(2) shall provide guidance on how to comply with any such
applicable rule, standard, regulation, or requirement,
including--
(A) what actions they should take to ensure that
they meet the requirements; and
(B) how to determine whether they have met the
requirements; and
(3) may contain such additional information as the
Commission deems appropriate, including telephone, e-mail, and
Internet contacts for compliance support and information.
(c) Publication and Distribution.--The Commission shall--
(1) publish a sufficient number of copies of the guide to
satisfy both individual requests for copies and mass requests
to accommodate distribution by chambers of commerce, trade
associations and other organizations the membership of which
includes small enterprises whose business activities are
affected by the requirements of the Consumer Product Safety Act
and other Acts enforced by the Commission;
(2) make the guide available, without charge, by mail; and
(3) provide easy access to the guide on the Commission's
public website. | Amends the Consumer Product Safety Act to allow a secondhand seller to sell, offer for sale, or distribute a product or substance that is not in conformity with a consumer product safety rule relating to lead in children's products or to currently-required labeling for children's products. Defines "secondhand seller" to include: (1) a consignment or thrift shop; (2) an individual who uses the Internet, a yard sale, or other casual means; or (3) a person who sells such a product at an auction to benefit a nonprofit organization.
Delays by six months each required step down in the allowed lead level in children's products. Applies this change as though it had taken effect on August 15, 2008.
Prevents a specified requirement for third-party children's product safety testing from going into effect before August 9, 2009. Applies this change as though it had taken effect on August 15, 2008.
Relieves a manufacturer from the requirement to test or certify a product regarding lead content if the manufacturer has tested and certifies each component of the product.
Prohibits either the Consumer Product Safety Commission (CPSC) or any state attorney general from initiating an enforcement proceeding under the Consumer Product Safety Act or the Federal Hazardous Substances Act regarding product certification and labeling and children's products containing lead until 30 days after the issuance of final rules, regulations, or guidance.
Requires the CPSC to waive any civil penalty for a good faith first violation of a prohibition under the Act.
Requires the CPSC to develop, publish, and distribute a guide to assist small enterprises in complying with the requirements of the Consumer Product Safety Act and other Acts enforced by the CPSC. |
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 ``Bob Dole Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Bob Dole was born on July 22, 1923, in Russell, Kansas.
(2) Growing up during the Great Depression, Bob Dole
learned the values of hard work and discipline, and worked at a
local drug store.
(3) In 1941, Bob Dole enrolled at the University of Kansas
as a pre-medical student. During his time at KU he played for
the basketball, football, and track teams, and joined the Kappa
Sigma Fraternity, from which he would receive the ``Man of the
Year'' award in 1970.
(4) Bob Dole's collegiate studies were interrupted by WWII,
and he enlisted in the United States Army. During a military
offensive in Italy, he was seriously wounded while trying to
save a fellow soldier. Despite his grave injuries, Dole
recovered and was awarded two Purple Hearts and a Bronze Star
with an Oak Cluster for his service. He also received an
American Campaign Medal, a European-African-Middle Eastern
Campaign Medal, and a World War II Victory Medal.
(5) While working on his law degree from Washburn
University, Bob Dole was elected into the Kansas House of
Representatives, serving from 1951-1953.
(6) Bob Dole was elected into the U.S. House of
Representatives and served two Kansas districts from 1961-1969.
(7) In 1969, Bob Dole was elected into the U.S. Senate and
served until 1996. Over the course of this period, he served as
Chairman of the Republican National Committee, Chairman of the
Finance Committee, Senate Minority Leader, and Senate Majority
Leader.
(8) Bob Dole was known for his ability work across the
aisle and embrace practical bipartisanship on issues such as
Social Security.
(9) Bob Dole has been a life-long advocate for the disabled
and was a key figure in the passing of the Americans with
Disabilities Act in 1990.
(10) After his appointment as Majority Leader, Bob Dole set
the record as the nation's longest-serving Republican Leader in
the Senate.
(11) Several Presidents of the United States have specially
honored Bob Dole for his hard work and leadership in the public
sector. This recognition is exemplified by the following:
(A) President Reagan awarded Bob Dole the
Presidential Citizens Medal in 1989 stating, ``Whether
on the battlefield or Capitol Hill, Senator Dole has
served America heroically. Senate Majority Leader
during one of the most productive Congresses of recent
time, he has also been a friend to veterans, farmers,
and Americans from every walk of life. Bob Dole has
stood for integrity, straight talk and achievement
throughout his years of distinguished public
service.''.
(B) Upon awarding Bob Dole with the Presidential
Medal of Freedom in 1997, President Clinton made the
following comments, ``Son of the soil, citizen, soldier
and legislator, Bob Dole understands the American
people, their struggles, their triumphs and their
dreams . . . In times of conflict and crisis, he has
worked to keep America united and strong . . . our
country is better for his courage, his determination,
and his willingness to go the long course to lead
America.''.
(12) After his career in public office, Bob Dole became an
active advocate for the public good. He served as National
Chairman of the World War II Memorial Campaign, helping raise
over $197 million to construct the National WWII Memorial, and
as Co-Chair of the Families of Freedom Scholarship Fund,
raising over $120 million for the educational needs of the
families of victims of 9/11.
(13) From 1997-2001, Bob Dole served as chairman of the
International Commission on Missing Persons in the Former
Yugoslavia.
(14) In 2003, Bob Dole established The Robert J. Dole
Institute of Politics at the University of Kansas to encourage
bipartisanship in politics.
(15) Bob Dole is a strong proponent of international
justice and, in 2004, received the Golden Medal of Freedom from
the President of Kosovo for his support of democracy and
freedom in Kosovo.
(16) In 2007, President George W. Bush appointed Bob Dole
to co-chair the President's Commission on Care for America's
Returning Wounded Warriors, which inspected the system of
medical care received by U.S. soldiers returning from Iraq and
Afghanistan.
(17) Bob Dole was the co-creator of the McGovern-Dole
International Food for Education and Child Nutrition Program,
helping combat child hunger and poverty. In 2008, he was co-
awarded the World Food Prize for his work with this
organization.
(18) Bob Dole is co-founder of the Bipartisan Policy Center
which works to develop policies suitable for bipartisan
support.
(19) Bob Dole is a strong advocate for veterans, having
volunteered on a weekly basis for more than a decade on behalf
of the Honor Flight Network.
(20) Bob Dole serves as Finance Chairman of the Campaign
for the National Eisenhower Memorial, leading the private
fundraising effort to memorialize President Dwight D.
Eisenhower in Washington, DC.
(21) Bob Dole was acknowledged by many organizations for
his achievements both inside and outside of politics, including
being awarded the ``U.S. Senator John Heinz Award for
Outstanding Public Service By An Elected Official'', the Gold
Good Citizenship Award, the American Patriot Award, the
Survivor's Gratitude Award, the U.S. Association of Former
Member of Congress Distinguished Service Award, a Distinguished
Service Medal, the French Legion of Honor medal, the Horatio
Alger Award, the U.S. Defense Department's Distinguished Public
Service Award, the National Collegiate Athletic Association's
Teddy Roosevelt Award, the Albert Schweitzer Medal ``for
outstanding contributions to animal welfare'', the 2004
Sylvanus Thayer Award, and honorary degrees from the University
of Kansas, Fort Hays State University, and the University of
New Hampshire School of Law.
(22) Throughout his life-long service to our country, Bob
Dole has embodied the American spirit of leadership and
determination, and serves as one of the most prolific role
models both in and outside of politics.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of Congress, of a gold medal of
appropriate design to Bob Dole, in recognition for his service to the
nation as a soldier, legislator, and statesman.
(b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3 under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Bob Dole 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 Bob Dole in recognition for his service to the nation as a soldier, legislator, and statesman. |
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 Access to Clean Water Act
of 2014''.
SEC. 2. PROTECTION OF NAVIGABLE WATERS FROM CONTAMINATION BY CHEMICAL
STORAGE FACILITIES.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.)
is amended by adding at the end the following:
``TITLE VII--PROTECTION OF NAVIGABLE WATERS FROM CONTAMINATION BY
CHEMICAL STORAGE FACILITIES
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Aboveground storage tank.--
``(A) In general.--For the purposes of this title,
the term `aboveground storage tank' means any
container, or set of connected containers, designed to
contain fluids located at a covered chemical storage
facility, constructed of materials including concrete,
steel, plastic or fiberglass reinforced plastic and
located on or above the ground surface.
``(B) Exclusions.--For the purposes of this title,
the term `aboveground storage tank' does not include--
``(i) any aboveground storage tank of 1,100
gallons or less capacity, unless that tank is
greater than 500 gallons capacity and is
located within 500 feet of a navigable water
that is designated for use as a domestic water
supply under section 303; or
``(ii) any aboveground storage tank that is
subject to oversight and inspection
requirements under a Federal or State law or
regulation that is determined by the
Administrator or the State as applicable under
section 702(c) to be at least as stringent as
the requirements of the program under section
702.
``(2) Chemical.--The term `chemical' means any substance or
mixture of substances.
``(3) Covered chemical storage facility.--
``(A) In general.--The term `covered chemical
storage facility' means a facility at which a chemical
is stored and the Administrator or State, as
applicable, determines that a release of the chemical
from the facility poses a risk of harm to a navigable
water that is designated for use as a domestic water
supply under section 303.
``(B) Exclusions.--The term `covered chemical
storage facility' does not include a facility that is
subject to a procedure, method, or other requirement
for equipment to address hazardous substances pursuant
to section 311(j)(1)(C).
``(C) Considerations.--In determining risk of harm
posed by a chemical storage facility under subparagraph
(A), the Administrator or State, as applicable, may
consider the requirements of applicable Federal or
State laws (including regulations).
``(4) State program.--The term `State program' means a
chemical storage facility source water protection program
established under section 702.
``SEC. 702. ESTABLISHMENT OF STATE PROGRAMS.
``(a) In General.--Not later than 1 year after the date of
enactment of this title, the Administrator or each State exercising
primary enforcement responsibility under section 702(c), as applicable,
shall carry out, directly or through delegation, a chemical storage
facility source water protection program to provide for the protection
of navigable waters that are designated for use as domestic water
sources under section 303 from a release of a chemical from a covered
chemical storage facility.
``(b) Program Requirements.--
``(1) In general.--A State program under subsection (a)
shall provide for oversight and inspection of each covered
chemical storage facility in accordance with the requirements
described in paragraph (2) to prevent the release of chemicals
into a navigable water that is designated for use as a domestic
water source under section 303.
``(2) Minimum requirements.--At a minimum, a State program
shall include--
``(A) requirements for covered chemical storage
facilities, including--
``(i) acceptable standards of good design,
construction, or maintenance;
``(ii) leak detection;
``(iii) spill and overfill control;
``(iv) inventory control;
``(v) an emergency response and
communication plan;
``(vi) an employee training and safety
plan;
``(vii) an inspection of the integrity of
each covered chemical storage facility;
``(viii) lifecycle maintenance, including
corrosion protection;
``(ix) notice to the Administrator, the
appropriate State agency, and applicable
operators of public water systems on the
navigable water designated for use as a
domestic water supply under section 303 of--
``(I) the potential toxicity of the
stored chemicals to humans and the
environment; and
``(II) safeguards or other
precautions that can be taken to
detect, mitigate, or otherwise limit
the adverse effects of a release of the
stored chemicals; and
``(x) financial responsibility
requirements, including proof of insurance,
bond, or other similar instrument;
``(B) inspections of aboveground storage tanks at
covered chemical storage facilities, which shall
occur--
``(i) for a covered chemical storage
facility identified in a source water
assessment area under section 1453 of the Safe
Drinking Water Act (42 U.S.C. 300f et seq.),
not less frequently than once every 3 years;
and
``(ii) for any other covered chemical
storage facility, not less frequently than once
every 5 years; and
``(C) a comprehensive inventory of the covered
chemical storage facilities in each State.
``(c) Administration.--A State program shall be carried out--
``(1) if the State exercises primary enforcement
responsibility for the issuance of permits under section
402(b), by the State; and
``(2) if the State does not exercise primary enforcement
responsibility for the issuance of permits under section 402(b)
in that State, by the Administrator.
``(d) Rule of Construction.--Nothing in this title shall preclude
or deny the right of any State or political subdivision thereof or
interstate agency to adopt or enforce standards for the oversight and
inspection of covered chemical storage facilities that are more
stringent than the minimum requirements in this section.
``(e) Technical Assistance.--Upon the request of a State exercising
primary enforcement responsibility under section 702(c)(1), the
Administrator may provide technical assistance to a State program in
carrying out activities under this title.
``(f) Survey of Best Practices.--The Administrator shall within six
months of the date in section 702(a)--
``(1) prepare a report that surveys the State oversight and
inspection programs provided for in this section and applicable
regulations implementing such programs in place in each State;
``(2) submit a copy of this report to the Chairman and
Ranking Member of the House Transportation and Infrastructure
Committee and the Senate Environment and Public Works
Committee;
``(3) make the report available to the public on the
Administrator's Web site; and
``(4) provide a copy of the report to each State exercising
primary enforcement responsibility under section 702(c)(1).
``SEC. 703. EMERGENCY POWERS.
``(a) Corrective Action Orders.--The Administrator under section
702(c)(2) or the State under section 702(c)(1), as applicable, may
issue an order to the owner or operator of a covered chemical storage
facility to carry out the requirements of this title.
``(b) Petitions.--
``(1) In general.--In any case in which the Administrator
or State as applicable under section 702(c) is authorized to
act under subsection (a), the owner or operator of a public
water system may--
``(A) commence a civil action for appropriate
equitable relief, including a restraining order or
permanent or temporary injunction, to address any
activity or facility that may present an imminent and
substantial endangerment to the health of persons who
are supplied by that public water system; or
``(B) petition the Administrator or State as
applicable under section 702(c) to issue an order or
commence a civil action under subsection (a).
``(2) Response.--
``(A) In general.--Subject to subparagraph (B), not
later than 30 days after the date on which the
Administrator receives a petition under paragraph (1),
the Administrator shall respond to the petition and
initiate such action as the Administrator determines to
be appropriate.
``(B) Special rule for emergencies.--If the owner
or operator of a public water system submits the
petition under paragraph (1) in response to an
emergency, the Administrator shall respond not later
than 72 hours after receipt of the petition.
``SEC. 704. COST RECOVERY.
``If costs have been incurred by the Administrator or the State, as
applicable, for undertaking a response action under this title relating
to the release of a chemical, the owner or operator of the covered
chemical storage facility shall be liable to the Administrator or the
State for those costs.
``SEC. 705. TRANSFER OF COVERED CHEMICAL STORAGE FACILITIES.
``Notwithstanding the inspection schedule under section
702(b)(2)(B), no person shall transfer a covered chemical storage
facility unless--
``(1) prior to the closing or completion of the transfer,
the transferor submits to the transferee the results of a pre-
transfer inspection of the integrity of the covered chemical
storage facility, which shall be conducted pursuant to any
requirements set by the Administrator under section 702(c)(2)
or the State under section 702(c)(1), as applicable; and
``(2) the transferor or the transferee agrees to take
appropriate measures to address the results of the pre-transfer
inspection prior to the date that is 30 days after the date on
which the covered chemical storage facility closes or is
transferred.
``SEC. 706. INFORMATION SHARING.
``(a) Information for Operators of Domestic Water Systems on
Navigable Waters.--The Administrator or State, as applicable, shall
provide operators of domestic water systems on a navigable water that
is designated for use as a domestic water source under section 303 with
information relating to--
``(1) emergency response plans for covered chemical storage
facilities located within the same watershed as the domestic
water system; and
``(2) an inventory of each chemical held at the covered
chemical storage facilities described in paragraph (1).
``(b) Emergency Response Plans.--A copy of each emergency response
plan submitted under section 702(b)(2)(A) shall be provided to--
``(1) the Administrator (if the State exercises primary
responsibility under section 702(c)(1)); and
``(2) the Secretary of Homeland Security.
``(c) Information.--
``(1) In general.--The Administrator or a State, as
applicable, may keep confidential information the Administrator
or the State determines to be sensitive or present a security
risk to a covered chemical storage facility.
``(2) Exceptions.--Paragraph (1) shall not--
``(A) apply to public health information; or
``(B) prevent the sharing of information with the
Administrator, the Secretary of Homeland Security, a
public water system, or a public agency involved in
emergency response.
``SEC. 707. PENALTIES FOR VIOLATIONS.
``Any person owning or operating a covered chemical storage
facility who violates any applicable requirement or who fails or
refuses to comply with an order issued by the Administrator or the
State as applicable under this title, may, in an action brought in the
appropriate United States District Court, be subject to a civil penalty
not to exceed $15,000 for each day in which such violation occurs or
failure to comply continues.''. | Ensuring Access to Clean Water Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) or a state exercising primary enforcement responsibility for National Pollutant Discharge Elimination System permit programs to carry out a state chemical storage facility source water protection program. Requires such a program to provide for oversight and inspection of each covered chemical storage facility in accordance with minimum requirements, described in this Act, to prevent the release of chemicals into a navigable water that is designated for use as a domestic water source. Defines "covered chemical storage facility" as a facility at which a chemical is stored and from which a release is determined to pose a risk of harm to such source. Prohibits this Act from precluding or denying the right of any state to adopt or enforce standards for the oversight and inspection of covered chemical storage facilities that are more stringent than this Act's minimum requirements. Requires the Administrator to report on a survey of states' best practices in oversight and inspection programs and applicable regulations implementing the programs. Authorizes the issuance of orders by the Administrator to carry out this Act. Authorizes an owner or operator of a public water system to commence, or to petition the Administrator to commence, a civil action for equitable relief to address possible imminent and substantial endangerment to the health of persons supplied by the water system. Provides a special rule to expedite the Administrator's response to a petition in emergency situations. Sets forth requirements concerning: (1) liability of a facility owner or operator for costs of response actions, (2) pre-transfer inspections of facilities, and (3) information for operators of domestic water systems on navigable waters regarding emergency response plans and chemical inventories. Establishes a civil penalty of up to $15,000 for each day in which an owner or operator of a covered facility violates this Act. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
.
(a) In General.--
(1) Chapter 13 of title 31, United States Code, is amended
by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, pursuant to this
section.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year, or
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to this section
for such preceding fiscal year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of such fiscal year and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity), and
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made, funds made available, or authority
granted for such project or activity for the preceding fiscal year.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill providing for such project or activity for such period becomes
law.
``(e) No appropriation is made by reason of subparagraph (B) of
subsection (a)(1) for a fiscal year for any project or activity for
which there is no authorization of appropriations for such fiscal year.
``(f) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(g) For purposes of this section `regular appropriation bill'
means any regular appropriation bill (within the meaning given to such
term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C.
638)) making appropriations, otherwise making funds available, or
granting authority, for any of the following categories of projects and
activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions, corporations,
and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies.
``(13) The legislative branch.''.
(2) The analysis of chapter 13 of title 31, United States
Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
(3) The amendments made by this subsection shall apply with
respect to fiscal years beginning after September 30, 1993.
(b) Point of Order Against Continuing Resolutions.--
(1) It shall not be in order in the House of
Representatives or the Senate to consider or to vote on the
question of agreeing to any bill or joint resolution making
continuing appropriations for a fiscal year or any conference
report thereon.
(2) Paragraph (1) may be waived or suspended in the Senate
by a vote of three-fifths of the Members, duly chosen and
sworn.
(3) If the ruling of the presiding officer sustains a point
of order raised pursuant to paragraph (1), a vote of three-
fifths of the Members duly chosen and sworn shall be required
to sustain an appeal of such ruling. Debate on any such appeal
shall be limited to two hours, to be equally divided between,
and controlled by, the majority leader and the minority leader
or their designees. An appeal of any such point of order is not
subject to a motion to table. | Amends Federal law to continue appropriations automatically if a regular appropriations bill covering a project or activity does not become law by the beginning of a fiscal year. Continues appropriations at the funding level of the preceding fiscal year or, if the relevant Act did not become law, in accordance with criteria prescribed in this Act.
Declares it to be out of order in the House of Representatives or in the Senate to consider or to vote on the question of agreeing to any continuing appropriations legislation. Permits a waiver of this restriction in the Senate by a three-fifths vote. |
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 ``Military Personnel Toxic Exposure
Registry Act''.
SEC. 2. IDENTIFICATION OF HEALTH EFFECTS RELATED TO HAZARDOUS DISPOSAL
SITE.
(a) Establishment.--The Secretary of Defense shall establish and
administer a system to identify members of the Armed Forces who were
potentially exposed to a hazardous disposal site and any negative
health effects that may be related to such exposure. The Secretary
shall administer such system using existing medical surveillance
systems.
(b) Notification.--If the Secretary learns that a member of the
Armed Forces was potentially exposed to a hazardous disposal site, the
Secretary shall--
(1) give notice of the potential exposure to--
(A) the member;
(B) the commanding officer of the unit to which the
member belonged at the time of potential exposure; and
(C) in the case of a member of the National Guard,
the Adjutant General of the State concerned; and
(2) inform the member that the member may be included in
the system required by subsection (a).
(c) Registration.--For each member of the Armed Forces notified of
a potential exposure under subsection (b), the Secretary shall collect
information for purposes of the system required by subsection (a). Such
information shall include--
(1) the locations where the member was deployed, including
the dates of such deployment;
(2) the approximate distance of the living and working
quarters of the member from a hazardous disposal site;
(3) the types of materials disposed of at the site;
(4) the length of time the member was exposed to such site;
(5) any symptoms experienced by the member while deployed;
(6) any symptoms the member experiences at the time of
submitting such information to the Secretary; and
(7) other information the Secretary considers appropriate.
(d) Examination.--Not later than 30 days after the date on which
the Secretary learns that a member of the Armed Forces was potentially
exposed to a hazardous disposal site, and annually thereafter, the
Secretary shall--
(1) provide such member--
(A) a complete physical examination; and
(B) consultation and counseling with respect to the
results of such physical examination; and
(2) ensure that documentation of the potential exposure is
placed in the medical record of the member maintained by the
Department of Defense.
(e) Annual Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
describing--
(1) the status of implementing the system required by
subsection (a); and
(2) the incidences of illnesses among members of the Armed
Forces notified under subsection (b) and whether such illnesses
may have been caused by exposure to a hazardous disposal site.
(f) Definitions.--In this section:
(1) The term ``existing medical surveillance systems''
means medical surveillance systems and other data in the
possession of the Secretary as of the date of the enactment of
this Act.
(2) The term ``exposure to a hazardous disposal site''
includes the following:
(A) Exposure to the fumes emanating from a
hazardous disposal site for--
(i) more than six months, in the case of a
member of the Armed Forces who was deployed to
a military installation that made use of open
pits to burn waste; or
(ii) any period of time when exposure to
such fumes was intensive.
(B) A situation where a member of the Armed Forces
with service-related health problems demonstrates
significant exposure to fumes emanating from a
hazardous disposal site.
(3) The term ``hazardous disposal site'' means a location
where hazardous methods of disposing of mass amounts of waste
were used during Operation Enduring Freedom or Operations Iraqi
Freedom, including the use of open pits to burn waste.
(4) The term ``member of the Armed Forces'' includes former
members of the Armed Forces.
SEC. 3. PROHIBITION ON DISPOSAL OF COVERED WASTE IN OPEN AIR BURN PITS.
(a) Inclusion of Solid Waste Containing Plastics in Definition of
Covered Waste.--Subsection (c)(2) of section 317 of the National
Defense Authorization Act for Fiscal Year 2010 is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) solid waste containing plastics;''.
(b) Inclusion of Information on Past Use of Open Air Burn Pits in
Report to Congress.--Subsection (b) of such section is amended--
(1) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) an explanation of the situations and circumstances
under which open-air burn pits were used to dispose of waste
during military exercises and operations worldwide during the
period beginning on September 11, 2001, and ending on the date
of the enactment of this Act;''. | Military Personnel Toxic Exposure Registry Act - Directs the Secretary of Defense (DOD) to establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site, as well as any negative health effects that may be related to such exposure.
Requires the Secretary to: (1) administer the system using existing medical surveillance systems; (2) notify a member and his or her commanding officer of a potential exposure; (3) for each member notified, collect information for purposes of the system; (4) for each member notified, annually provide a complete physical examination and related consultation and counseling; and (5) report annually to the congressional defense committees on the status of system implementation and incidences of illnesses which may have been caused by such exposure.
Amends the National Defense Authorization Act for Fiscal Year 2010 to: (1) include solid waste containing plastics within the definition of "covered waste" for purposes of a prohibition against the disposal by the Armed Forces of covered waste in open-air burn pits during contingency operations; and (2) include in a required report concerning the use of such pits those situations in which such pits were used to dispose of waste during military exercises and operations worldwide during the period beginning on September 11, 2001, and ending on the date of enactment 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 ``China Policy Act of 1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The People's Republic of China comprises one-fifth of
the world's population, or 1,200,000,000 people, and its
policies have a profound effect on the world economy and global
security.
(2) The People's Republic of China is a permanent member of
the United Nations Security Council and plays an important role
in regional organizations such as the Asia-Pacific Economic
Cooperation Forum and the ASEAN Regional Forum.
(3) The People's Republic of China is a nuclear power with
the largest standing army in the world, and has been rapidly
modernizing and expanding its military capabilities.
(4) The People's Republic of China is currently undergoing
a change of leadership which will have dramatic implications
for the political and economic future of the Chinese people and
for China's relations with the United States.
(5) China's estimated $600,000,000,000 economy has enjoyed
unparalleled growth in recent years.
(6) Despite increased economic linkages between the United
States and China, bilateral relations have deteriorated
significantly because of fundamental policy differences over a
variety of important issues.
(7) The People's Republic of China has violated
international standards regarding the nonproliferation of
weapons of mass destruction.
(8) The Government of the People's Republic of China, a
member of the United Nations Security Council, is obligated to
respect and uphold the United Nations Charter and Universal
Declaration of Human Rights.
(9) According to the State Department Country Report on
Human Rights Practices for 1994, there continue to be
``widespread and well-documented human rights abuses in China,
in violation of internationally accepted norms...(including)
arbitrary and lengthy incommunicado detention, torture, and
mistreatment of prisoners.... The regime continued severe
restrictions on freedom of speech, press, assembly and
association, and tightened control on the exercise of these
rights during 1994. Serious human rights abuses persisted in
Tibet and other areas populated by ethnic minorities.''.
(10) The Government of the People's Republic of China
continues to detain political prisoners and continues to
violate internationally recognized standards of human rights by
arbitrary arrests and detention of persons for the nonviolent
expression of their political and religious beliefs.
(11) The Government of the People's Republic of China does
not ensure the humane treatment of prisoners and does not allow
humanitarian and human rights organizations access to prisons.
(12) The Government of the People's Republic of China
continues to harass and restrict the activities of accredited
journalists and to restrict broadcasts by the Voice of America.
(13) In the weeks leading to the 6th anniversary of the
June 1989 massacre, a series of petitions were sent to the
Chinese Government calling for greater tolerance, democracy,
rule of law, and an accounting for the 1989 victims and the
Chinese Government responded by detaining dozens of prominent
intellectuals and activists.
(14) The unjustified and arbitrary arrest, imprisonment,
and initiation of criminal proceedings against Harry Wu, a
citizen of the United States, has greatly exacerbated the
deterioration in relations between the United States and the
People's Republic of China, and all charges against him should
be dismissed.
(15) China has failed to release political prisoners with
serious medical problems, such as Bao Tong, and on June 25,
1995, revoked ``medical parole'' for Chen-Ziming reimprisoning
him at Beijing No. 2 Prison, and Chinese authorities continue
to hold Wei Jingsheng incommunicado at an unknown location
since his arrest on April 1, 1994.
(16) The Government of the People's Republic of China
continues to engage in discriminatory and unfair trade
practices, including the exportation of products produced by
prison labor, the use of import quotas and other quantitative
restrictions on selected products, the unilateral increasing of
tariff rates and the imposition of taxes as surcharges on
tariffs, the barring of the importation of certain items, the
use of licensing and testing requirements to limit imports, and
the transshipment of textiles and other items through the
falsification of country of origin documentation.
(17) The Government of the People's Republic of China
continues to employ the policy and practice of controlling all
trade unions and continues to suppress and harass members of
the independent labor union movement.
(18) The United States-Hong Kong Policy Act of 1992 states
that Congress wishes to see the provisions of the joint
declaration implemented, and declares that ``the human rights
of the people of Hong Kong are of great importance to the U.S.
Human Rights also serve as a basis for Hong Kong's continued
prosperity,''. This together with the rule of law and a free
press are essential for a successful transition in 1997.
(19) The United States currently has numerous sanctions on
the People's Republic of China with respect to government-to-
government assistance, arms sales, and other commercial
transactions.
(20) It is in the interest of the United States to foster
China's continued engagement in the broadest range of
international fora and increased respect for human rights,
democratic institutions, and the rule of law in China.
SEC. 3. UNITED STATES DIPLOMATIC INITIATIVES.
(a) United States Objectives.--The Congress calls upon the
President to undertake intensified diplomatic initiatives to persuade
the Government of the People's Republic of China to--
(1) immediately and unconditionally release Harry Wu from
detention;
(2) adhere to prevailing international standards regarding
the nonproliferation of weapons of mass destruction by, among
other things, immediately halting the export of ballistic
missile technology and the provision of other weapons of mass
destruction assistance, in violation of international
standards, to Iran, Pakistan, and other countries of concern;
(3) respect the internationally-recognized human rights of
its citizens by, among other things--
(A) permitting freedom of speech, freedom of press,
freedom of assembly, freedom of association, and
freedom of religion;
(B) ending arbitrary detention, torture, forced
labor, and other mistreatment of prisoners;
(C) releasing all political prisoners, and
dismantling the Chinese system of jailing political
prisoners (the gulag) and the Chinese forced labor
system (the Laogai);
(D) ending coercive birth control practices; and
(E) respecting the legitimate rights of the people
of Tibet, ethnic minorities, and ending the crackdown
on religious practices;
(4) curtail excessive modernization and expansion of
China's military capabilities, and adopt defense transparency
measures that will reassure China's neighbors;
(5) end provocative military actions in the South China Sea
and elsewhere that threaten China's neighbors, and work with
them to resolve disputes in a peaceful manner;
(6) adhere to a rules-based international trade regime in
which existing trade agreements are fully implemented and
enforced, and equivalent and reciprocal market access is
provided for United States goods and services in China;
(7) comply with the prohibition on all forced labor exports
to the United States; and
(8) reduce tensions with Taiwan by means of dialogue and
other confidence building measures.
(b) Venues for Diplomatic Initiatives.--The diplomatic initiatives
taken in accordance with subsection (a) should include actions by the
United States--
(1) in the conduct of bilateral relations with China;
(2) in the United Nations and other international
organizations;
(3) in the World Bank and other international financial
institutions;
(4) in the World Trade Organization and other international
trade fora; and
(5) in the conduct of bilateral relations with other
countries in order to encourage them to support and join with
the United States in taking the foregoing actions.
SEC. 4. REPORTING REQUIREMENTS.
The President shall report to the Congress within 30 days after the
date of enactment of this Act, and no less frequently than every 6
months thereafter, on--
(1) the actions taken by the United States in accordance
with section 3 during the preceding 6-month period;
(2) the actions taken with respect to China during the
preceding 6-month period by--
(A) the United Nations and other international
organizations;
(B) the World Bank and other international
financial institutions; and
(C) the World Trade Organization and other
international trade fora; and
(3) the progress achieved with respect to each of the
United States objectives identified in section 3(a).
Such reports may be submitted in classified and unclassified form.
SEC. 5. COMMENDATION OF DEMOCRACY MOVEMENT.
The Congress commends the brave men and women who have expressed
their concerns to the Government of the People's Republic of China in
the form of petitions and commends the democracy movement as a whole
for its commitment to the promotion of political, economic, and
religious freedom.
SEC. 6. RADIO FREE ASIA.
(a) Plan for Radio Free Asia.--Section 309(c) of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6208(c)) is amended
to read as follows:
``(c) Submission of Plan.--Not later than 30 days after the date of
enactment of the China Policy Act of 1995, the Director of the United
States Information Agency shall submit to the Congress a detailed plan
for the establishment and operation of Radio Free Asia in accordance
with this section. Such plan shall include the following:
``(1) A description of the manner in which Radio Free Asia
would meet the funding limitations provided in subsection
(d)(4).
``(2) A description of the numbers and qualifications of
employees it proposes to hire.
``(3) How it proposes to meet the technical requirements
for carrying out its responsibilities under this section.''.
(b) Initiation of Broadcasting to China.--Not later than 90 days
after the date of enactment of this Act, Radio Free Asia shall commence
broadcasting to China. Such broadcasting may be undertaken initially by
means of contracts with or grants to existing broadcasting
organizations and facilities.
Passed the House of Representatives July 20, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | China Policy Act of 1995 - Urges the President to undertake diplomatic initiatives to persuade China to: (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to international standards regarding the nonproliferation of weapons of mass destruction by, among other things, halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens; (4) curtail excessive modernization and expansion of its military capabilities, and adopt defense transparency measures that will reassure its neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes peacefully; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for U.S. goods and services there; (7) comply with the prohibition on all forced labor exports to the United States; and (8) reduce tensions with Taiwan. Requires the President to report to the Congress on: (1) the actions taken and the progress achieved by the United States with respect to these objectives; and (2) the actions taken in light of them with respect to China by the United Nations and other international organizations, including the World Bank and the World Trade Organization. Commends: (1) the men and women who have expressed their concerns to the Government of the People's Republic of China in the form of petitions; and (2) the democracy movement as a whole for its commitment to the promotion of political, economic, and religious freedom. Amends the United States International Broadcasting Act of 1994 to require the Director of the USIA to submit to the Congress a plan for the establishment of Radio Free Asia to broadcast into China. Requires Radio Free Asia to commence broadcasting to China within 90 days after enactment 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 ``Hospital Opioid Solutions Toolkit
Act of 2018'' or the ``HOST Act of 2018''.
SEC. 2. DEVELOPING GUIDANCE ON PAIN MANAGEMENT AND OPIOID USE DISORDER
PREVENTION FOR HOSPITALS RECEIVING PAYMENT UNDER PART A
OF THE MEDICARE PROGRAM.
(a) In General.--Not later than January 1, 2019, the Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall develop and publish on the public website of the
Centers for Medicare & Medicaid Services guidance for hospitals
receiving payment under part A of title XVIII of the Social Security
Act (42 U.S.C. 1395c et seq.) on pain management strategies and opioid
use disorder prevention strategies with respect to individuals entitled
to benefits under such part.
(b) Consultation.--In developing the guidance described in
subsection (a), the Secretary shall consult with relevant stakeholders,
including--
(1) medical professional organizations;
(2) providers and suppliers of services (as such terms are
defined in section 1861 of the Social Security Act (42 U.S.C.
1395x));
(3) patient advocacy organizations and organizations
representing Medicare beneficiaries; and
(4) other entities determined appropriate by the Secretary.
(c) Contents.--The guidance described in subsection (a) shall
include, with respect to hospitals and individuals described in such
subsection, the following:
(1) Best practices regarding evidence-based screening and
practitioner education initiatives relating to screening and
treatment protocols for opioid use disorder, including--
(A) methods to identify such individuals at-risk of
opioid use disorder, including risk stratification;
(B) ways to prevent, recognize, and treat opioid
overdoses; and
(C) resources available to such individuals, such
as opioid treatment programs, peer support groups, and
other recovery programs.
(2) Best practices for such hospitals to educate
practitioners furnishing items and services at such hospital
with respect to pain management and substance use disorders,
including education on--
(A) the adverse effects of prolonged opioid use;
(B) alternative, evidence-based, non-
pharmacological pain management treatments;
(C) monitoring programs for individuals who have
been prescribed opioids; and
(D) the prescribing of naloxone along with an
initial opioid prescription.
(3) Best practices for such hospitals to make such
individuals aware of the risks associated with opioid use
(which may include use of the notification template described
in paragraph (4)).
(4) A notification template developed by the Secretary for
such individuals who are prescribed an opioid that--
(A) explains the risks and side effects associated
with opioid use (including the risks of addiction and
overdose) and the importance of adhering to the
prescribed treatment regimen, avoiding medications that
may have an adverse interaction with such opioid, and
storing such opioid safely and securely;
(B) highlights multimodal and evidence-based non-
opioid alternatives for pain management;
(C) encourages such individuals to talk to their
health care providers about such alternatives;
(D) provides for a method (through signature or
otherwise) for such an individual, or person acting on
such individual's behalf, to acknowledge receipt of
such notification template;
(E) is worded in an easily understandable manner
and made available in multiple languages determined
appropriate by the Secretary; and
(F) includes any other information determined
appropriate by the Secretary.
(5) Best practices for such hospital to track opioid
prescribing trends by practitioners furnishing items and
services at such hospital, including--
(A) ways for such hospital to establish target
levels with respect to opioids prescribed by such
practitioners;
(B) guidance on checking the medical records of
such individuals against information included in
prescription drug monitoring programs;
(C) strategies to reduce long-term opioid
prescriptions; and
(D) methods to identify such practitioners who may
be over-prescribing opioids.
(6) Other information the Secretary determines appropriate,
including any such information from the Opioid Safety
Initiative established by the Department of Veterans Affairs or
the Opioid Overdose Prevention Toolkit published by the
Substance Abuse and Mental Health Services Administration. | Hospital Opioid Solutions Toolkit Act of 2018 or the HOST Act of 2018 This bill requires the Centers for Medicare & Medicaid Services to publish guidance for hospitals on pain management and opioid-use disorder prevention strategies for Medicare beneficiaries, including best practices for opioid-use disorder screening, education, and monitoring. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. DEFINITION OF INDIAN STUDENT COUNT.
Section 117(h) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking
paragraph (2) and inserting the following:
``(2) Indian student count.--
``(A) In general.--The term `Indian student count'
means a number equal to the total number of Indian
students enrolled in each tribally-controlled
postsecondary vocational and technical institution, as
determined in accordance with subparagraph (B).
``(B) Determination.--
``(i) Enrollment.--For each academic year,
the Indian student count shall be determined on
the basis of the enrollments of Indian students
as in effect at the conclusion of--
``(I) in the case of the fall term,
the third week of the fall term; and
``(II) in the case of the spring
term, the third week of the spring
term.
``(ii) Calculation.--For each academic
year, the Indian student count for a tribally-
controlled postsecondary vocational and
technical institution shall be the quotient
obtained by dividing--
``(I) the sum of the credit-hours
of all Indian students enrolled in the
tribally-controlled postsecondary
vocational and technical institution
(as determined under clause (i)); by
``(II) 12.
``(iii) Summer term.--Any credit earned in
a class offered during a summer term shall be
counted in the determination of the Indian
student count for the succeeding fall term.
``(iv) Students without secondary school
degrees.--
``(I) In general.--A credit earned
at a tribally-controlled postsecondary
vocational and technical institution by
any Indian student that has not
obtained a secondary school degree (or
the recognized equivalent of such a
degree) shall be counted toward the
determination of the Indian student
count if the institution at which the
student is enrolled has established
criteria for the admission of the
student on the basis of the ability of
the student to benefit from the
education or training of the
institution.
``(II) Presumption.--The
institution shall be presumed to have
established the criteria described in
subclause (I) if the admission
procedures for the institution include
counseling or testing that measures the
aptitude of a student to successfully
complete a course in which the student
is enrolled.
``(III) Credits toward secondary
school degree.--No credit earned by an
Indian student for the purpose of
obtaining a secondary school degree (or
the recognized equivalent of such a
degree) shall be counted toward the
determination of the Indian student
count under this clause.
``(v) Continuing education programs.--Any
credit earned by an Indian student in a
continuing education program of a tribally-
controlled postsecondary vocational and
technical institution shall be included in the
determination of the sum of all credit hours of
the student if the credit is converted to a
credit-hour basis in accordance with the system
of the institution for providing credit for
participation in the program.''.
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students.
Revises the definition of "Indian student count" (essential to the formula for the determination of grant amounts).
Requires the Indian student count to be determined according to a specified formula, for each academic year, on the basis of the enrollments of Indian students as in effect at the conclusion of the third week of the fall term and the third week of the spring term. Allows the counting of students without secondary school degrees under certain circumstances. |
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 ``International and Foreign Language
Studies Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In recent years, foreign language needs have
significantly increased throughout the Federal Government due
to the presence of a wider range of security threats, the
emergence of new nation states, and the globalization of the
United States economy.
(2) Likewise, American businesses increasingly need
internationally and multiculturally experienced employees to
compete in the global economy and to manage a culturally
diverse workforce.
(3) In 2005, the Federal Government requires 34,000
employees with foreign language skills across more than 70
Federal agencies.
(4) Federal agency officials have stated that, over the
years, translator and interpreter shortfalls have adversely
affected agency operations and hindered United States military,
law enforcement, intelligence, counterterrorism, and diplomatic
efforts.
(5) In a 2002 General Accounting Office report, the United
States Army reported that it was experiencing serious
shortfalls of translators and interpreters in 5 of its 6
critical languages: Arabic, Korean, Mandarin Chinese, Persian-
Farsi, and Russian.
(6) The number of Foreign Language and Area Studies
Fellowships awarded in 2003 was 30 percent less than the number
awarded at its high point in 1967.
(7) In the 2000-2001 school year, the number of foreign
language degrees conferred was 1 percent of the total number of
undergraduate degrees conferred, less than .05 percent of the
total number of masters degrees conferred, and 1 percent of the
total number of doctoral degrees conferred.
(8) In the 2004 National Survey of Student Engagement,
almost \1/3\ of undergraduates reported taking foreign language
coursework, while only 11 percent reported having studied
abroad.
(9) According to the American Council on Education, in
recent studies, \1/2\ of all students surveyed had taken not
less than 1 international course during the 2000-2001 school
year, but foreign language enrollment remained static.
(10) In 2002, 79 percent of Americans agreed that students
should have a study-abroad experience sometime during college.
(11) More than 40 percent of Americans said they were more
likely to favor an increase in State-level funding for foreign
language education at their local college or university after
September 11, 2001.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever 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 Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
TITLE I--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
SEC. 101. FINDINGS.
Section 601 (20 U.S.C. 1121) is amended--
(1) in subsection (a)(3), by striking ``post-Cold War'';
and
(2) in subsection (b)(1)(D), by inserting ``, including
through linkages with overseas institutions'' before the
semicolon.
SEC. 102. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND
PROGRAMS.
Section 602 (20 U.S.C. 1122) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (G), by striking
``and'' after the semicolon;
(ii) in subparagraph (H), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) support for instructors of the less commonly
taught languages.''; and
(B) in paragraph (4)--
(i) by redesignating subparagraphs (C)
through (E) as subparagraphs (D) through (F),
respectively;
(ii) by inserting after subparagraph (B)
the following:
``(C) Programs of linkage or outreach between or
among--
``(i) foreign language, area studies, or
other international fields; and
``(ii) State educational agencies or local
educational agencies.''; and
(iii) in subparagraph (F) (as redesignated
by clause (i)), by striking ``and (D)'' and
inserting ``(D), and (E)'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``and
Undergraduate'' after ``Graduate''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Eligible student.--A student receiving a stipend
described in paragraph (1) shall be engaged--
``(A) in an instructional program with stated
performance goals for functional foreign language use
or in a program developing such performance goals, in
combination with area studies, international studies,
or the international aspects of a professional studies
program; and
``(B)(i) in the case of an undergraduate student,
in the intermediate or advanced study of a less
commonly taught language; or
``(ii) in the case of a graduate student, in
graduate study in connection with a program described
in subparagraph (A), including predissertation level
study, preparation for dissertation research,
dissertation research abroad, or dissertation
writing.''; and
(3) by striking subsection (d) and inserting the following:
``(d) Allowances.--
``(1) Graduate level recipients.--A stipend awarded to a
graduate level recipient may include allowances for dependents
and for travel for research and study in the United States and
abroad.
``(2) Undergraduate level recipients.--A stipend awarded to
an undergraduate level recipient may include an allowance for
educational programs in the United States or abroad that--
``(A) are closely linked to the overall goals of
the recipient's course of study; and
``(B) have the purpose of promoting foreign
language fluency and cultural knowledge.''.
SEC. 103. USE OF FUNDS IN UNDERGRADUATE INTERNATIONAL STUDIES AND
FOREIGN LANGUAGE PROGRAMS.
Section 604 (20 U.S.C. 1124) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (I)
through (M) as subparagraphs (J) through (N),
respectively; and
(ii) by inserting after subparagraph (H)
the following:
``(I) providing subgrants to undergraduate students
for educational programs abroad that--
``(i) are closely linked to the overall
goals of the program for which the grant is
awarded; and
``(ii) have the purpose of promoting
foreign language fluency and cultural
knowledge;''; and
(B) by adding at the end the following:
``(9) Limitation on undergraduate grants.--An institution
of higher education, a combination of such institutions, or a
partnership awarded a grant under this section shall use not
more than 10 percent of the grant funds for the use described
in paragraph (2)(I).''; and
(2) by striking subsection (c).
SEC. 104. AUTHORIZED ACTIVITIES.
Section 605(a) (20 U.S.C. 1125(a)) is amended--
(1) in paragraph (8), by striking ``and'' after the
semicolon;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(10) the systematic collection, analysis, and
dissemination of data that contribute to achieving the purposes
of this part.''.
SEC. 105. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN
INFORMATION ACCESS.
Section 606 (20 U.S.C. 1126) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Authority.--The Secretary is authorized to make grants to
eligible entities for the purpose of developing innovative techniques
or programs using electronic technologies to collect, organize,
preserve, and widely disseminate information from foreign sources on
world regions and countries other than the United States that address
our Nation's teaching and research needs in international education and
foreign languages.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``to facilitate
access to or'' and by inserting ``to acquire,
facilitate access to, or'';
(B) in paragraph (3), by inserting ``and
standards'' after ``means'';
(C) in paragraph (6), by striking ``and'';
(D) in paragraph (7), by striking the period and
inserting a semicolon; and
(E) by adding at the end the following:
``(8) to establish linkages, between the eligible entities
and libraries, organizations, and institutions of higher
education overseas, to facilitate carrying out the purpose
described in subsection (a); or
``(9) to carry out other activities that the Secretary
determines are consistent with the purpose of the grants under
this section.'';
(3) in subsection (c), by striking ``institution or
consortium'' and inserting ``eligible entity''; and
(4) by adding at the end the following:
``(e) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) an institution of higher education;
``(2) a public or nonprofit private library;
``(3) a consortium of such institutions or libraries; or
``(4) a partnership between--
``(A) such an institution or library; and
``(B) a nonprofit educational organization.''.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000
for fiscal year 1999'' and inserting ``$120,000,000 for fiscal year
2006''.
TITLE II--BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Section 614 (20 U.S.C. 1130b) is amended--
(1) in subsection (a)--
(A) by striking ``$11,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``1999'' and inserting ``2006'';
and
(2) in subsection (b)--
(A) by striking ``$7,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``1999'' and inserting ``2006''.
TITLE III--INSTITUTE FOR INTERNATIONAL PUBLIC POLICY
SEC. 301. WAIVER OF MATCH REQUIREMENT FOR PROFESSIONAL DEVELOPMENT
PROGRAM.
Section 621(e) (20 U.S.C. 1131(e)) is amended--
(1) by striking ``Match Required.--The eligible'' and
inserting ``Matching Funds.--
``(1) In general.--Subject to paragraph (2), the
eligible''; and
(2) by adding at the end the following:
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1) for an eligible recipient if the Secretary
determines such waiver is appropriate.''.
SEC. 302. INSTITUTIONAL DEVELOPMENT.
Section 622(a) (20 U.S.C. 1131-1(a)) is amended by striking
``international affairs programs.'' and inserting ``international
affairs, international business, and foreign language study programs at
such colleges, universities, and institutions, respectively, through
increased collaboration with institutions of higher education that
receive funding under this title.''.
SEC. 303. ADVANCED DEGREE IN INTERNATIONAL RELATIONS.
Section 624 (20 U.S.C. 1131b) is amended--
(1) in the section heading, by striking ``masters'' and
inserting ``advanced'';
(2) in the first sentence, by inserting ``, and in
exceptional circumstances, a doctoral degree,'' after ``masters
degree''; and
(3) in the second sentence, by striking ``masters degree''
and inserting ``advanced degree''.
SEC. 304. FINANCIAL ASSISTANCE.
(a) Financial Assistance.--Part C of title VI (20 U.S.C. 1131 et
seq.) is amended--
(1) by redesignating sections 626, 627, and 628 as sections
627, 628, and 629, respectively; and
(2) by inserting after section 625 the following new
section:
``SEC. 626. FINANCIAL ASSISTANCE.
``(a) Authority.--The Institute may provide financial assistance,
in the form of summer stipends described in subsection (b) and Ralph
Bunche scholarship assistance described in subsection (c), to needy
students to facilitate the participation of the students in the
Institute programs under this part.
``(b) Summer Stipends.--
``(1) Requirements.--A student receiving a summer stipend
under this section shall use such stipend to defray the
student's cost of participation in a summer institute program
funded under this part, including the costs of travel, living,
and educational expenses necessary to the student's
participation in such program.
``(2) Amount.--A summer stipend awarded to a student under
this section shall be not more than $3,000 per summer.
``(c) Ralph Bunche Scholarship.--
``(1) Requirements.--A student receiving a Ralph Bunche
scholarship under this section--
``(A) shall be a full-time student at an
institution of higher education who is accepted into a
program funded under this part; and
``(B) shall use such scholarship to pay costs
related to the cost of attendance, as defined in
section 472, at the institution of higher education at
which the student is enrolled.
``(2) Amount and duration.--A Ralph Bunche scholarship
awarded to a student under this section shall not exceed $5,000
per academic year.''.
(b) Technical Amendment.--Section 628 (as redesignated by
subsection (a)(1)) is amended by striking ``section 626'' and inserting
``section 627''.
SEC. 305. BIENNIAL REPORT.
Part C of title VI (20 U.S.C. 1131 et seq.) is further amended--
(1) in section 627 (as redesignated by section 304(a)(1))--
(A) by striking ``annually''; and
(B) by inserting ``in 2006, and biennially
thereafter'' after ``a report''; and
(2) in section 628 (as redesignated by section 304(1)), by
striking ``annual''.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
Section 629 (as redesignated by section 304(a)(1)) (20 U.S.C.
1131f) is amended by striking ``1999'' and inserting ``2006''.
TITLE IV--GENERAL PROVISIONS
SEC. 401. EVALUATION, OUTREACH, AND INFORMATION DISSEMINATION.
Part D of title VI (20 U.S.C. 1132) is amended by adding at the end
the following:
``SEC. 632. EVALUATION, OUTREACH, AND INFORMATION DISSEMINATION.
``The Secretary may use not more than 1 percent of the funds made
available for this title to carry out program evaluation, national
outreach, and information dissemination activities relating to the
programs authorized under this title.''. | International and Foreign Language Studies Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to extend the authorization of appropriations for international education programs under title VI: (1) part A, international and foreign language studies; (2) part B, business and international education; and (3) part C, Institute for International Public Policy (IIPP). Authorizes the Secretary of Education to use up to 1% of title VI funds for program evaluation, outreach, and information dissemination.
Revises VI-A to: (1) include support for instructors of less commonly taught languages among activities of national language and area centers and programs; (2) make undergraduate students eligible for fellowships for foreign language and area or international studies (in addition to graduate students under current law); (3) allow a portion of funds for undergraduate international studies and foreign language programs to be used for subgrants to undergraduate students for educational programs abroad that promote foreign language literacy and cultural knowledge, and are closely linked to grant program goals; (4) authorize the Secretary of Education to support data collection, analysis, and dissemination that helps achieve VI-A purposes; and (5) add to authorized uses of funds for technological innovation and cooperation for foreign information access.
Revises VI-C to authorize the IIPP to provide summer stipends and Ralph Bunche scholarships for needy students to participate in IIPP programs. Authorizes: (1) waiver of an eligible recipient's match requirement for a professional development program; (2) broader institutional development; (3) advanced degrees in international relations; and (4) biennial reports. |
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 ``Offshore Wind for Territories Act''.
SEC. 2. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT
TO TERRITORIES OF THE UNITED STATES.
(a) In General.--Section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331) is amended--
(1) in paragraph (a)--
(A) by inserting after ``control'' the following:
``or lying within the exclusive economic zone of the
United States and the outer Continental Shelf adjacent
to any territory or possession of the United States'';
and
(B) by adding at the end before the semicolon the
following: ``, except that such term shall not include
any area conveyed by Congress to a territorial
government for administration'';
(2) in paragraph (p), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (q), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(r) The term `State' includes each territory of the United
States.''.
(b) Exclusions.--Section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344) is amended by adding at the end the following:
``(i) This section shall not apply to the scheduling of lease sales
in the outer Continental Shelf adjacent to the territories and
possessions of the United States.''.
SEC. 3. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE
UNITED STATES.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended--
(1) by striking ``All rentals'' and inserting the
following:
``(a) In General.--Except as otherwise provided in law, all
rentals''; and
(2) by adding at the end the following:
``(b) Disposition of Revenues to Territories of the United
States.--Of the rentals, royalties, and other sums paid to the
Secretary under this Act from a lease for an area of land on the outer
Continental Shelf adjacent to a territory and lying within the
exclusive economic zone of the United States pertaining to such
territory, and not otherwise obligated or appropriated--
``(1) 50 percent shall be deposited in the Treasury and
credited to miscellaneous receipts;
``(2) 12.5 percent shall be deposited in the Coral Reef
Conservation Fund established under section 211 of the Coral
Reef Conservation Act of 2000; and
``(3) 37.5 percent shall be disbursed to territories of the
United States in an amount for each territory (based on a
formula established by the Secretary by regulation) that is
inversely proportional to the respective distance between the
point on the coastline of the territory that is closest to the
geographic center of the applicable leased tract and the
geographic center of the leased tract.''.
SEC. 4. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.
(a) Conditional Wind Lease Sales in Territories of the United
States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
is amended by adding at the end the following:
``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.
``(a) Authorization.--The Secretary may conduct wind lease sales on
the outer Continental Shelf.
``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted
under this section shall be considered a lease under section 8(p).
``(c) Wind Lease Sales Off Coasts of Territories of the United
States.--
``(1) Study on feasibility of conducting wind lease
sales.--
``(A) In general.--The Secretary shall conduct a
study on the feasibility, including the technological
and long-term economic feasibility, of conducting wind
lease sales on an area of the outer Continental Shelf
within the territorial jurisdiction of American Samoa,
Guam, the Northern Mariana Islands, Puerto Rico, and
the Virgin Islands of the United States.
``(B) Consultation.--In conducting the study
required in paragraph (A), the Secretary shall
consult--
``(i) the National Renewable Energy
Laboratory of the Department of Energy; and
``(ii) the Governor of each of American
Samoa, Guam, the Northern Mariana Islands,
Puerto Rico, and the Virgin Islands of the
United States.
``(C) Publication.--The study required in paragraph
(A) shall be published in the Federal Register for
public comment for not fewer than 60 days.
``(D) Submission of results.--Not later than 18
months after the date of the enactment of this section,
the Secretary shall submit the results of the study
conducted under subparagraph (A) to:
``(i) the Committee on Energy and Natural
Resources of the Senate;
``(ii) the Committee on Natural Resources
of the House of Representatives; and
``(iii) each of the delegates or resident
commissioner to the House of Representatives
from American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands of
the United States, respectively.
``(E) Public availability.--The study required
under subparagraph (A) and results submitted under
subparagraph (C) shall be made readily available on a
public Government internet website.
``(2) Call for information and nominations.--The Secretary
shall issue a call for information and nominations for proposed
wind lease sales for areas determined to be feasible under the
study conducted under paragraph (1).
``(3) Conditional wind lease sales.--
``(A) In general.--For each territory, the
Secretary shall conduct not less than 1 wind lease sale
on an area of the outer Continental Shelf within the
territorial jurisdiction of such territory that meets
each of the following criteria:
``(i) The study required under paragraph
(1)(A) concluded that a wind lease sale on the
area is feasible.
``(ii) The Secretary has determined that
the call for information has generated
sufficient interest for the area.
``(iii) The Secretary has consulted with
the Secretary of Defense regarding such a sale.
``(iv) The Secretary has consulted with the
Governor of the territory regarding the
suitability of the area for wind energy
development.
``(B) Exception.--If no area of the outer
Continental Shelf within the territorial jurisdiction
of a territory meets each of the criteria in clauses
(i) through (iii) of subparagraph (A), the requirement
under subparagraph (A) shall not apply to such
territory.''.
SEC. 5. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND.
(a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C.
6401 et seq.) is amended by adding at the end the following:
``SEC. 211. CORAL REEF CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury the
Coral Reef Conservation Fund, hereafter referred to as the Fund.
``(b) Deposits.--For each fiscal year, there shall be deposited in
the Fund the portion of such revenues due and payable to the United
States under subsection (b)(2) of section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338).
``(c) Uses.--Amounts deposited in the Fund under this section and
appropriated to the Secretary of Commerce under subsection (f) shall be
used by the Secretary of Commerce to carry out the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6401 et seq.), with priority given
to carrying out sections 204 and 206 of such Act (16 U.S.C. 6403 and
6405).
``(d) Availability.--Amounts deposited in the Fund shall remain in
the Fund until appropriated by Congress.
``(e) Reporting.--The President shall include with the proposed
budget for the United States Government submitted to Congress for a
fiscal year a comprehensive statement of deposits into the Fund during
the previous fiscal year and estimated requirements during the
following fiscal year for appropriations from the Fund.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated from the Fund to the Secretary of Commerce, an amount
equal to the amount deposited in the Fund in the previous fiscal year.
``(g) No Limitation.--Appropriations from the Fund pursuant to this
section may be made without fiscal year limitation.''.
(b) Renaming of Existing Fund.--Section 205 of the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6404) is amended--
(1) in the heading, by striking ``coral reef conservation
fund'' and inserting ``coral reef public-private partnership'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Fund''
and inserting ``Public-Private Partnership''; and
(B) by striking ``, hereafter referred to as the
Fund,''; and
(3) in subsection (b), by striking ``Fund'' and inserting
``separate interest bearing account''.
Passed the House of Representatives December 10, 2018.
Attest:
Clerk.
115th CONGRESS
2d Session
H. R. 6665
_______________________________________________________________________
AN ACT
To amend the Outer Continental Shelf Lands Act to apply to territories
of the United States, to establish offshore wind lease sale
requirements, to provide dedicated funding for coral reef conservation,
and for other purposes. | Offshore Wind for Territories Act This bill amends the Outer Continental Shelf Lands Act to authorize offshore wind development in the U.S. Exclusive Economic Zone adjacent to U.S. territories. The bill also establishes the Coral Reef Conservation Fund for the Department of Commerce to carry out the Coral Reef Conservation Act of 2000, including to preserve, sustain, and restore the condition of coral reef ecosystems. |
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 Youth Violence Commission
Act''.
SEC. 2. NATIONAL YOUTH VIOLENCE COMMISSION.
(a) Establishment of Commission.--There is established a commission
to be known as the National Youth Violence Commission (hereinafter
referred to in this Act as the ``Commission''). The Commission shall--
(1) be composed of 16 members appointed in accordance with
subsection (b); and
(2) conduct its business in accordance with the provisions
of this Act.
(b) Membership.--
(1) Persons eligible.--Except for those members who hold
the offices described under paragraph (2)(A), and those members
appointed under paragraph (2) (C)(ii) and (D)(iv), the members
of the Commission shall be individuals who have expertise, by
both experience and training, in matters to be studied by the
Commission under section 3. The members of the Commission shall
be well-known and respected among their peers in their
respective fields of expertise.
(2) Appointments.--The members of the Commission shall be
appointed for the life of the Commission as follows:
(A) Four shall be appointed by the President of the
United States, including--
(i) the Surgeon General of the United
States;
(ii) the Attorney General of the United
States;
(iii) the Secretary of the Department of
Health and Human Services; and
(iv) the Secretary of the Department of
Education.
(B) Four shall be appointed by the Speaker of the
House of Representatives, including--
(i) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
law enforcement;
(ii) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
school administration, teaching, or counseling;
(iii) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
parenting and family studies; and
(iv) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
child or adolescent psychology.
(C) Two shall be appointed by the Minority Leader
of the House of Representatives, including--
(i) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
law enforcement; and
(ii) 1 member who is a recognized religious
leader.
(D) Four shall be appointed by the Majority Leader
of the Senate, including--
(i) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
law enforcement;
(ii) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
school administration, teaching, or counseling;
(iii) 1 member who meets the criteria for
eligibility in paragraph (1) in the social
sciences; and
(iv) 1 member who is a recognized religious
leader.
(E) Two shall be appointed by the Minority Leader
of the Senate, including--
(i) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
school administration, teaching, or counseling;
and
(ii) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
parenting and family studies.
(3) Completion of appointments; vacancies.--Not later than
30 days after the date of enactment of this Act, the appointing
authorities under paragraph (2) shall each make their
respective appointments. Any vacancy that occurs during the
life of the Commission shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment not later than 30 days after the vacancy
occurs.
(4) Operation of the commission.--
(A) Chairmanship.--The appointing authorities under
paragraph (2) shall jointly designate 1 member as the
Chairman of the Commission. In the event of a
disagreement among the appointing authorities, the
Chairman shall be determined by a majority vote of the
appointing authorities. The determination of which
member shall be Chairman shall be made not later than
15 days after the appointment of the last member of the
Commission, but in no case later than 45 days after the
date of enactment of this Act.
(B) Meetings.--The Commission shall meet at the
call of the Chairman. The initial meeting of the
Commission shall be conducted not later than 30 days
after the later of--
(i) the date of the appointment of the last
member of the Commission; or
(ii) the date on which appropriated funds
are available for the Commission.
(C) Quorum; voting; rules.--A majority of the
members of the Commission shall constitute a quorum to
conduct business, but the Commission may establish a
lesser quorum for conducting hearings scheduled by the
Commission. Each member of the Commission shall have 1
vote, and the vote of each member shall be accorded the
same weight. The Commission may establish by majority
vote any other rules for the conduct of the
Commission's business, if such rules are not
inconsistent with this Act or other applicable law.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--It shall be the duty of the Commission to
conduct a comprehensive factual study of incidents of youth
violence to determine the root causes of such violence.
(2) Matters to be studied.--In determining the root causes
of incidents of youth violence, the Commission shall study any
matter that the Commission determines relevant to meeting the
requirements of paragraph (1), including at a minimum--
(A) the level of involvement and awareness of
teachers and school administrators in the lives of
their students and any impact of such involvement and
awareness on incidents of youth violence;
(B) trends in family relationships, the level of
involvement and awareness of parents in the lives of
their children, and any impact of such relationships,
involvement, and awareness on incidents of youth
violence;
(C) the alienation of youth from their schools,
families, and peer groups, and any impact of such
alienation on incidents of youth violence;
(D) the availability of firearms to youth,
including the means by which they acquire such
firearms, and any impact of such availability on
incidents of youth violence;
(E) the effect upon youth of depictions of violence
in the media and any impact of such depictions on
incidents of youth violence; and
(F) the availability to youth of information
regarding the construction of weapons, including
explosive devices, and any impact of such information
on incidents of youth violence.
(3) Testimony of parents and students.--In determining the
root causes of incidents of youth violence, the Commission
shall, pursuant to section 4(a), take the testimony of parents
and students to learn and memorialize their views and
experiences regarding incidents of youth violence.
(b) Recommendations.--Based on the findings of the study required
under subsection (a), the Commission shall make recommendations to the
President and Congress to address the causes of youth violence and
reduce incidents of youth violence. If the Surgeon General issues any
report on media and violence, the Commission shall consider the
findings and conclusions of such report in making recommendations under
this subsection.
(c) Report.--
(1) In general.--Not later than 1 year after the date on
which the Commission first meets, the Commission shall submit
to the President and Congress a comprehensive report of the
Commission's findings and conclusions, together with the
recommendations of the Commission.
(2) Summaries.--The report under this subsection shall
include a summary of--
(A) the reports submitted to the Commission by any
entity under contract for research under section 4(e);
and
(B) any other material relied on by the Commission
in the preparation of the Commission's report.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under section 3.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
(b) Subpoenas.--
(1) In general.--If a person fails to supply information
requested by the Commission, the Commission may by majority
vote request the Attorney General of the United States to
require by subpoena the production of any written or recorded
information, document, report, answer, record, account, paper,
computer file, or other data or documentary evidence necessary
to carry out the Commission's duties under section 3. The
Commission shall transmit to the Attorney General a
confidential, written request for the issuance of any such
subpoena. The Attorney General shall issue the requested
subpoena if the request is reasonable and consistent with the
Commission's duties under section 3. A subpoena under this
paragraph may require the production of materials from any
place within the United States.
(2) Interrogatories.--The Commission may, with respect only
to information necessary to understand any materials obtained
through a subpoena under paragraph (1), request the Attorney
General to issue a subpoena requiring the person producing such
materials to answer, either through a sworn deposition or
through written answers provided under oath (at the election of
the person upon whom the subpoena is served), to
interrogatories from the Commission regarding such information.
The Attorney General shall issue the requested subpoena if the
request is reasonable and consistent with the Commission's
duties under section 3. A complete recording or transcription
shall be made of any deposition made under this paragraph.
(3) Certification.--Each person who submits materials or
information to the Attorney General pursuant to a subpoena
issued under paragraph (1) or (2) shall certify to the Attorney
General the authenticity and completeness of all materials or
information submitted. The provisions of section 1001 of title
18, United States Code, shall apply to any false statements
made with respect to the certification required under this
paragraph.
(4) Treatment of subpoenas.--Any subpoena issued by the
Attorney General under paragraph (1) or (2) shall comply with
the requirements for subpoenas issued by a United States
district court under the Federal Rules of Civil Procedure.
(5) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued by the Attorney General under paragraph
(1) or (2), the Attorney General may apply to a United States
district court for an order requiring that person to comply
with such subpoena. The application may be made within the
judicial district in which 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.
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out its duties under section 3.
Upon the request of the Commission, the head of such department or
agency may furnish such information to the Commission.
(d) Information To Be Kept Confidential.--
(1) In general.--The Commission shall be considered an
agency of the Federal Government for purposes of section 1905
of title 18, United States Code, and any individual employed by
any individual or entity under contract with the Commission
under subsection (e) shall be considered an employee of the
Commission for the purposes of section 1905 of title 18, United
States Code.
(2) Disclosure.--Information obtained by the Commission or
the Attorney General under this Act and shared with the
Commission, other than information available to the public,
shall not be disclosed to any person in any manner, except--
(A) to Commission employees or employees of any
individual or entity under contract to the Commission
under subsection (e) for the purpose of receiving,
reviewing, or processing such information;
(B) upon court order; or
(C) when publicly released by the Commission in an
aggregate or summary form that does not directly or
indirectly disclose--
(i) the identity of any person or business
entity; or
(ii) any information which could not be
released under section 1905 of title 18, United
States Code.
(e) Contracting for Research.--The Commission may enter into
contracts with any entity for research necessary to carry out the
Commission's duties under section 3.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of service for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for level
V of the Executive Schedule under section 5316 of title 5,
United States Code. The Chairman may fix the compensation of
other personnel without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission and any
agency of the Federal Government assisting the Commission in carrying
out its duties under this Act such sums as may be necessary to carry
out the purposes of this Act. Any sums appropriated shall remain
available, without fiscal year limitation, until expended.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the Commission submits
the report under section 3(c). | National Youth Violence Commission Act - Establishes a National Youth Violence Commission to: (1) conduct a comprehensive study of incidents of youth violence to determine the root causes of such violence; and (2) report to the President and Congress recommendations to address the causes of, and reduce incidences of, youth violence.
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 ``Rural Health Training Incentive
Act''.
SEC. 2. DEMONSTRATION PROGRAMS TO ENCOURAGE HEALTH PROFESSIONALS TO
PRACTICE IN RURAL AREAS.
Part B of title VII of the Public Health Service Act (42 U.S.C. 293
et seq.) is amended by adding at the end the following:
``SEC. 742. DEMONSTRATION PROGRAMS TO ENCOURAGE HEALTH PROFESSIONALS TO
PRACTICE IN RURAL AREAS.
``(a) Authorization.--The Secretary of Health and Human Services,
acting through the Director of the Office of Rural Health Policy, may
award grants to 5 accredited schools of medicine or accredited schools
of nursing to enable each such school to conduct a demonstration
program to encourage more health professionals to practice in rural
areas.
``(b) Use of Funds.--
``(1) In general.--Amounts provided as a grant under
subsection (a) shall be used for the following:
``(A) Developing new programs and improving
existing programs for encouraging youth in rural areas
to enter health professions.
``(B) Strengthening and stabilizing the system of
training of health professionals that are needed (as
determined by the Secretary) in rural areas.
``(C) Expanding the network of rural training
tracks in health professions.
``(2) Family medicine; nursing.--Of the 5 grants awarded
under this section--
``(A) at least 1 shall be for a demonstration
program for physicians in family medicine that includes
a regional consortium with 3 or more family medicine
residency programs that--
``(i) each have a residency rural training
program; and
``(ii) are located in 3 or more States; and
``(B) at least 1 shall be for a demonstration
program for nurses, including registered nurses, nurse
anesthetists, and nurse practitioners.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to accredited schools of medicine or
nursing that--
``(1) have a residency program or clinical rotation with
on-site rural training of a duration of at least 2 months; and
``(2) provide a comprehensive approach to improving health
profession shortages in rural areas that includes recruiting
students from rural areas and placing graduates in rural
communities.
``(d) Matching Requirement.--
``(1) In general.--With respect to the costs of a
demonstration program to be carried out under subsection (a) by
an applicant, the Secretary may not award a grant to the
applicant unless the applicant agrees to make available
(directly or through donations from public or private entities)
non-Federal contributions toward such costs in an amount that
is not less than 50 percent of such costs.
``(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
``(e) Duration.--The Secretary shall award each grant under this
section for a period of 3 years.
``(f) Definitions.--For purposes of this section:
``(1) Accredited.--The term `accredited' means--
``(A) for a school of medicine, accredited by the
Liaison Committee on Medical Education;
``(B) for a school of nursing, accredited by the
Commission on Collegiate Nursing Education; and
``(C) for a school of nursing relative to a nurse
anesthesia program, accredited by the Council on
Accreditation of Nurse Anesthesia Educational Programs.
``(2) School of nursing.--The term `school of nursing' has
the meaning given to that term under section 801.
``(g) Report.--Not later than 6 months after the end of the 3-year
period of the demonstration programs conducted with grants under this
section, the Secretary shall submit to the Congress a report containing
findings and recommendations on the effectiveness of the demonstration
programs in addressing the shortages of health care professionals in
rural areas.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2003 through 2005.''. | Rural Health Training Incentive Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Office of Rural Health Policy, to award grants to accredited schools of medicine or nursing for demonstration programs to encourage more health professionals to practice in rural areas. Makes grants available on a matching basis for three years to five schools.Requires grants to address youth recruitment, training, and the expansion of the network of rural training tracks in the health professions. Earmarks one grant for a program for physicians in family medicine that includes a regional consortium of family medicine residency programs with a residency rural training program and one grant for nurses.Gives priority to schools with on-site rural training residencies or rotations and rural recruitment and placement programs. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans Health
Care Act of 2008''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment or repeal to a section or other provision, the reference
shall be considered to be made to a section or other provision of title
38, United States Code.
SEC. 2. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR CERTAIN
VETERANS.
Section 1720 is amended by adding at the end the following new
subsection:
``(g) The Secretary may contract with appropriate entities to
provide specialized residential care and rehabilitation services to a
veteran of Operation Enduring Freedom or Operation Iraqi Freedom who
the Secretary determines suffers from a traumatic brain injury, has an
accumulation of deficits in activities of daily living and instrumental
activities of daily living, and who, because of these deficits, would
otherwise require admission to a nursing home even though such care
would generally exceed the veteran's nursing needs.''.
SEC. 3. REIMBURSEMENT FOR CERTAIN CONTINUING EDUCATION.
Section 7411 is amended to read:
``The Secretary shall provide full-time board-certified physicians
and dentists appointed under section 7401(1) of this title the
opportunity to continue their professional education through VA
sponsored continuing education programs. The Secretary may reimburse
the physician or dentist up to $1,000 per year for continuing
professional education not available through VA sources.''.
SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE CARE.
(a) Section 1710(f)(1) is amended by adding ``(except if such care
constitutes hospice care)'' after ``nursing home care'';
(b) Section 1710(g)(1) is amended by adding ``(except if such care
constitutes hospice care)'' after ``medical services''.
SEC. 5. UPDATE OF VOLUNTARY HIV TESTING POLICY.
Section 124 of the Veterans' Benefits and Services Act of 1988
(title I of Public Law 100-322, as amended; 38 U.S.C. 7333 note) is
repealed.
SEC. 6. DISCLOSURE OF MEDICAL RECORDS.
(a) Limited Exception to Confidentiality of Medical Records.--
Section 5701 is amended by adding at the end the following new
subsection:
``(l) Under regulations that the Secretary shall prescribe, the
Secretary may disclose the name or address, or both, of any individual
who is a present or former member of the Armed Forces, or who is a
dependent of a present or former member of the Armed Forces, to a third
party, as defined in section 1729(i)(3)(D) of this title, in order to
enable the Secretary to collect reasonable charges under section
1729(a)(2)(E) of this title for care or services provided for a non-
service-connected disability.''.
(b) Disclosures From Certain Medical Records.--Section 7332(b)(2)
is amended by adding at the end the following new subparagraph:
``(F) To a third party, as defined in section
1729(i)(3)(D) of this title, to collect reasonable
charges under section 1729(a)(2)(E) of this title for
care or services provided for a non-service-connected
disability.''.
SEC. 7. PERMANENT AUTHORITY TO CARRY OUT INCOME VERIFICATION.
Section 5317 is amended by striking subsection (g).
SEC. 8. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 2008, increase the dollar amounts in effect
for the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code;
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under section 1115(1) of such title;
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title;
(4) New dic rates.--Each of the dollar amounts in effect
under paragraphs (1) and (2) of section 1311(a) of such title;
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title;
(6) Additional dic for surviving spouses with minor
children.--The dollar amounts in effect under section 1311(b)
of such title;
(7) Additional dic for disability.--Each of the dollar
amounts in effect under subsections (c) and (d) of section 1311
of such title;
(8) Dic for dependent children.--Each of the dollar amounts
in effect under sections 1313(a) and 1314 of such title;
(c) Determination of Increase.--
(1) The increase under subsection (a) shall be made in the
dollar amounts specified in subsection (b) as in effect on
November 30, 2008.
(2) Except as provided in paragraph (3), each such amount
shall be increased by the same percentage as the percentage by
which benefit amounts payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.) are increased effective
December 1, 2008, as a result of a determination under section
215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, be rounded down to the
next lower whole dollar amount.
(d) Special Rule.--The Secretary may adjust administratively,
consistent with the increases made under subsection (a), the rates of
disability compensation payable to persons within the purview of
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
(e) Publication of Adjusted Rates.--At the same time as the matters
specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a determination
made under section 215(i) of such Act during fiscal year 2009, the
Secretary of Veterans Affairs shall publish in the Federal Register the
amounts specified in subsection (b), as increased pursuant to
subsection (a). | Veterans Health Care Act of 2008 - Authorizes the Secretary of Veterans Affairs to contract to provide specialized residential care and rehabilitation services to a veteran of Operation Enduring Freedom or Operation Iraqi Freedom who suffers from a traumatic brain injury, has an accumulation of deficits in activities of daily living and instrumental activities of daily living and, because of these deficits, would otherwise require nursing home admission even though such care would generally exceed the veteran's nursing needs.
Directs the Secretary to provide full-time board-certified physicians and dentists the opportunity to continue their professional education through VA sponsored continuing education programs. Authorizes (currently, directs) the Secretary to reimburse such physicians or dentists up to $1,000 per year for continuing professional education not available through VA sources.
Exempts hospice care from requirements to pay a copayment in connection with hospital or nursing home care or medical services.
Repeals a provision that prohibits the Secretary from performing widespread human immunodeficiency virus (HIV) testing but does allow voluntary testing of certain individuals.
Authorizes the Secretary to disclose the name and address of present or former Armed Forces members and their dependents to collect charges for care or services provided for a non-service-connected disability.
Removes provisions ending, on September 30, 2008, the Secretary's authority to obtain information from the Secretary of the Treasury or the Commissioner of Social Security under specified provisions of the Internal Revenue Code.
Directs the Secretary to increase certain disability compensation and dependency and indemnity compensation amounts. |
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 ``Prevent All Soring Tactics Act of
2015'' or the ``PAST Act''.
SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT.
(a) Definitions.--Section 2 of the Horse Protection Act (15 U.S.C.
1821) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1)(A) The term `action device' means any boot, collar,
chain, roller, or other device that encircles or is placed upon
the lower extremity of the leg of a horse in such a manner that
it can--
``(i) rotate around the leg or slide up and down
the leg, so as to cause friction; or
``(ii) strike the hoof, coronet band, fetlock
joint, or pastern of the horse.
``(B) Such term does not include soft rubber or soft
leather bell boots or quarter boots that are used as protective
devices.''; and
(3) by adding at the end the following new paragraph:
``(6)(A) The term `participate' means engaging in any
activity with respect to a horse show, horse exhibition, or
horse sale or auction, including--
``(i) transporting or arranging for the
transportation of a horse to or from a horse show,
horse exhibition, or horse sale or auction;
``(ii) personally giving instructions to an
exhibitor; or
``(iii) being knowingly present in a warm-up area,
inspection area, or other area at a horse show, horse
exhibition, or horse sale or auction that spectators
are not permitted to enter.
``(B) Such term does not include spectating.''.
(b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) in paragraph (3)--
(A) by inserting ``and soring horses for such
purposes'' after ``horses in intrastate commerce''; and
(B) by inserting ``in many ways, including by
creating unfair competition, by deceiving the
spectating public and horse buyers, and by negatively
impacting horse sales'' before the semicolon;
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is inadequate for preventing soring;
``(7) historically, Tennessee Walking Horses, Racking
Horses, and Spotted Saddle Horses have been subjected to
soring; and
``(8) despite regulations in effect related to inspection
for purposes of ensuring that horses are not sore, violations
of this Act continue to be prevalent in the Tennessee Walking
Horse, Racking Horse, and Spotted Saddle Horse breeds.''.
(c) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) in subsection (a)--
(A) by striking ``appointed'' and inserting
``licensed''; and
(B) by adding at the end the following new
sentences: ``In the first instance in which the
Secretary determines that a horse is sore, the
Secretary shall disqualify the horse from being shown
or exhibited for a period of not less than 180 days. In
the second instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than one year. In
the third instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than three years.'';
(2) in subsection (b) by striking ``appointed'' and
inserting ``licensed'';
(3) by striking subsection (c) and inserting the following
new subsection:
``(c)(1)(A) The Secretary shall prescribe by regulation
requirements for the Department of Agriculture to license, train,
assign, and oversee persons qualified to detect and diagnose a horse
which is sore or to otherwise inspect horses at horse shows, horse
exhibitions, or horse sales or auctions, for hire by the management of
such events, for the purposes of enforcing this Act.
``(B) No person shall be issued a license under this subsection
unless such person is free from conflicts of interest, as defined by
the Secretary in the regulations issued under subparagraph (A).
``(C) If the Secretary determines that the performance of a person
licensed in accordance with subparagraph (A) is unsatisfactory, the
Secretary may, after notice and an opportunity for a hearing, revoke
the license issued to such person.
``(D) In issuing licenses under this subsection, the Secretary
shall give a preference to persons who are licensed or accredited
veterinarians.
``(E) Licensure of a person in accordance with the requirements
prescribed under this subsection shall not be construed as authorizing
such person to conduct inspections in a manner other than that
prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e).
``(2)(A) Not later than 30 days before the date on which a horse
show, horse exhibition, or horse sale or auction begins, the management
of such show, exhibition, or sale or auction may notify the Secretary
of the intent of the management to hire a person or persons licensed
under this subsection and assigned by the Secretary to conduct
inspections at such show, exhibition, or sale or auction.
``(B) After such notification, the Secretary shall assign a person
or persons licensed under this subsection to conduct inspections at the
horse show, horse exhibition, or horse sale or auction.
``(3) A person licensed by the Secretary to conduct inspections
under this subsection shall issue a citation with respect to any
violation of this Act recorded during an inspection and notify the
Secretary of each such violation not later than five days after the
date on which a citation was issued with respect to such violation.'';
and
(4) by adding at the end the following new subsection:
``(f) The Secretary shall publish on the public website of the
Animal and Plant Health Inspection Service of the Department of
Agriculture, and update as frequently as the Secretary determines is
necessary, information on violations of this Act for the purposes of
allowing the management of a horse show, horse exhibition, or horse
sale or auction to determine if an individual is in violation of this
Act.''.
(d) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) in paragraph (2)--
(A) by striking ``or (C) respecting'' and inserting
``(C), or (D) respecting''; and
(B) by striking ``and (D)'' and inserting ``(D)
causing a horse to become sore or directing another
person to cause a horse to become sore for the purpose
of showing, exhibiting, selling, auctioning, or
offering for sale the horse in any horse show, horse
exhibition, or horse sale or auction, and (E)'';
(2) in paragraph (3), by striking ``appoint'' and inserting
``hire'';
(3) in paragraph (4)--
(A) by striking ``appoint'' and inserting ``hire'';
and
(B) by striking ``qualified'';
(4) in paragraph (5), by striking ``appointed'' and
inserting ``hired'';
(5) in paragraph (6)--
(A) by striking ``appointed'' and inserting
``hired''; and
(B) by inserting ``that the horse is sore'' after
``the Secretary''; and
(6) by adding at the end the following new paragraphs:
``(12) The use of an action device on any limb of a
Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle
Horse at a horse show, horse exhibition, or horse sale or
auction.
``(13) The use of a weighted shoe, pad, wedge, hoof band,
or other device or material at a horse show, horse exhibition,
or horse sale or auction that--
``(A) is placed on, inserted in, or attached to any
limb of a Tennessee Walking Horse, a Racking Horse, or
a Spotted Saddle Horse;
``(B) is constructed to artificially alter the gait
of such a horse; and
``(C) is not strictly protective or therapeutic in
nature.''.
(e) Violations and Penalties.--Section 6 of the Horse Protection
Act (15 U.S.C. 1825) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraph (2) of this subsection, any person
who knowingly violates section 5'' and
inserting ``Any person who knowingly violates
section 5 or the regulations issued under such
section, including any violation recorded
during an inspection conducted in accordance
with section 4(c) or 4(e)''; and
(ii) by striking ``more than $3,000, or
imprisoned for not more than one year, or
both.'' and inserting ``more than $5,000, or
imprisoned for not more than three years, or
both, for each such violation.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A);
(ii) by striking ``(2)''; and
(iii) by redesignating subparagraphs (B)
and (C) as paragraphs (2) and (3),
respectively, and moving the margins of such
paragraphs (as so redesignated) two ems to the
left; and
(C) by adding at the end the following new
paragraph:
``(4) Any person who knowingly fails to obey an order of
disqualification shall, upon conviction thereof, be fined not more than
$5,000 for each failure to obey such an order, imprisoned for not more
than three years, or both.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``section 5 of this Act''
and inserting ``section 5 or the regulations
issued under such section''; and
(ii) by striking ``$2,000'' and inserting
``$4,000''; and
(B) by adding at the end the following new
paragraph:
``(5) Any person who fails to pay a licensed inspector hired under
section 4(c) shall, upon conviction thereof, be fined not more than
$4,000 for each such violation.''; and
(3) in subsection (c)--
(A) in the first sentence--
(i) by inserting ``, or otherwise
participating in any horse show, horse
exhibition, or horse sale or auction'' before
``for a period of not less than one year''; and
(ii) by striking ``any subsequent'' and
inserting ``the second'';
(B) by inserting before ``Any person who knowingly
fails'' the following: ``For the third or any
subsequent violation, a person may be permanently
disqualified by order of the Secretary, after notice
and an opportunity for a hearing before the Secretary,
from showing or exhibiting any horse, judging or
managing any horse show, horse exhibition, or horse
sale or auction, or otherwise participating in,
including financing the participation of other
individuals in, any horse show, horse exhibition, or
horse sale or auction (regardless of whether walking
horses are shown, exhibited, sold, auctioned, or
offered for sale at the horse show, horse exhibition,
or horse sale or auction).''; and
(C) by striking ``$3,000'' each place it appears
and inserting ``$5,000''.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out the amendments made by this section, including
regulations prescribing the requirements under subsection (c) of
section 4 of the Horse Protection Act (15 U.S.C. 1823(c)), as amended
by subsection (c)(3).
(g) Severability.--If any provision of this Act or any amendment
made by this Act, or the application of a provision to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions to any person or circumstance, shall not be affected by the
holding. | Prevent All Soring Tactics Act of 2015 or the PAST Act This bill amends the Horse Protection Act to establish a new system for inspecting horses for soring, revise penalties for violations of the Act, and modify enforcement procedures. The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness. The Department of Agriculture (USDA) must establish requirements to license, train, assign, and oversee persons hired by the management of horse shows, exhibitions, sales, or auctions to detect and diagnose sore horses. A license may not be issued to a person with conflicts of interest, and USDA must give preference to veterinarians. USDA may revoke a license for unsatisfactory performance. USDA must assign licensed inspectors after receiving notice that management intends to hire the inspectors. An inspector must issue a citation for violations and notify USDA of violations. USDA must publish information on violations of this bill and disqualify a horse that is sore. The bill prohibits a person in any horse show, exhibition, sale, or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, or auctioning the horse. The bill prohibits the use of specified devices on a Tennessee Walking, a Racking, or a Spotted Saddle horse at a show, exhibition, sale, or auction. The bill increases the maximum criminal and civil liability penalties for certain violations. USDA may disqualify violators from specified activities related to horse shows, exhibitions, sales, and auctions. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS.
(a) Establishment.--
(1) In general.--There is established a program, in each of
the United States district courts designated under subsection
(b), under which--
(A) those district judges of that district court
who request to hear cases under which one or more
issues arising under any Act of Congress relating to
patents or plant variety protection must be decided,
are designated by the chief judge of the court to hear
those cases;
(B) cases described in subparagraph (A) are
randomly assigned to the judges of the district court,
regardless of whether the judges are designated under
subparagraph (A);
(C) a judge not designated under subparagraph (A)
to whom a case is assigned under subparagraph (B) may
decline to accept the case; and
(D) a case declined under subparagraph (C) is
randomly reassigned to one of those judges of the court
designated under subparagraph (A).
(2) Senior judges.--Senior judges of a district court may
be designated under paragraph (1)(A) if at least 1 judge of the
court in regular active service is also so designated.
(3) Right to transfer cases preserved.--This section shall
not be construed to limit the ability of a judge to request the
reassignment of or otherwise transfer a case to which the judge
is assigned under this section, in accordance with otherwise
applicable rules of the court.
(b) Designation.--The Director of the Administrative Office of the
United States Courts shall, not later than 6 months after the date of
the enactment of this Act, designate not less than 5 United States
district courts, in at least 3 different judicial circuits, in which
the program established under subsection (a) will be carried out. The
Director shall make such designation from among the 15 district courts
in which the largest number of patent and plant variety protection
cases were filed in the most recent calendar year that has ended,
except that the Director may only designate a court in which--
(1) at least 10 district judges are authorized to be
appointed by the President, whether under section 133(a) of
title 28, United States Code, or on a temporary basis under
other provisions of law; and
(2) at least 3 judges of the court have made the request
under subsection (a)(1)(A).
(c) Duration.--The program established under subsection (a) shall
terminate 10 years after the end of the 6-month period described in
subsection (b).
(d) Applicability.--The program established under subsection (a)
shall apply in a district court designated under subsection (b) only to
cases commenced on or after the date of such designation.
(e) Reporting to Congress.--
(1) In general.--At the times specified in paragraph (2),
the Director of the Administrative Office of the United States
Courts, in consultation with the chief judge of each of the
district courts designated under subsection (b) and the
Director of the Federal Judicial Center, shall submit to the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate a report on the
pilot program established under subsection (a). The report
shall include--
(A) an analysis of the extent to which the program
has succeeded in developing expertise in patent and
plant variety protection cases among the district
judges of the district courts so designated;
(B) an analysis of the extent to which the program
has improved the efficiency of the courts involved by
reason of such expertise;
(C) with respect to patent cases handled by the
judges designated pursuant to subsection (a)(1)(A) and
judges not so designated, a comparison between the 2
groups of judges with respect to--
(i) the rate of reversal by the Court of
Appeals for the Federal Circuit, of such cases
on the issues of claim construction and
substantive patent law; and
(ii) the period of time elapsed from the
date on which a case is filed to the date on
which trial begins or summary judgment is
entered;
(D) a discussion of any evidence indicating that
litigants select certain of the judicial districts
designated under subsection (b) in an attempt to ensure
a given outcome; and
(E) an analysis of whether the pilot program should
be extended to other district courts, or should be made
permanent and apply to all district courts.
(2) Timetable for reports.--The times referred to in
paragraph (1) are--
(A) not later than the date that is 5 years and 3
months after the end of the 6-month period described in
subsection (b); and
(B) not later than 5 years after the date described
in subparagraph (A).
(3) Periodic reporting.--The Director of the Administrative
Office of the United States Courts, in consultation with the
chief judge of each of the district courts designated under
subsection (b) and the Director of the Federal Judicial Center,
shall keep the committees referred to in paragraph (1)
informed, on a periodic basis while the pilot program is in
effect, with respect to the matters referred to in
subparagraphs (A) through (E) of paragraph (1).
(f) Authorization for Training and Clerkships.--In addition to any
other funds made available to carry out this section, there is
authorized to be appropriated not less than $5,000,000 in each fiscal
year for--
(1) educational and professional development of those
district judges designated under subsection (a)(1)(A) in
matters relating to patents and plant variety protection; and
(2) compensation of law clerks with expertise in technical
matters arising in patent and plant variety protection cases,
to be appointed by the courts designated under subsection (b)
to assist those courts in such cases.
Amounts made available pursuant to this subsection shall remain
available until expended.
Passed the House of Representatives September 28, 2006.
Attest:
KAREN L. HAAS
Clerk. | Establishes a 10-year pilot program in certain U.S. district courts under which: (1) those district judges who request to hear cases involving patent or plant variety protection issues are designated by the chief judge to hear them; (2) such cases are randomly assigned to the district court judges, regardless of whether they are designated; (3) a judge not designated to whom such a case is assigned may decline to accept the case; and (4) a case so declined is randomly reassigned to one of those judges so designated.
Requires the Director of the Administrative Office of the U.S. Courts to designate at least five U.S. district courts, in at least three different judicial circuits, to carry out the pilot program. Requires such courts to be among the 15 district courts in which the largest number of such cases were filed in the most recent calendar year. States that the Director may only designate a court in which: (1) at least 10 district judges are authorized for presidential appointment; and (2) at least three judges request such cases.
Requires periodic reports on the program to specified congressional committees.
Authorizes appropriations for: (1) educational and professional development of those district judges designated under this Act; and (2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases who are appointed to assist courts in such cases. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Mammography Quality Standards Act''.
SEC. 2. MAMMOGRAPHY QUALITY STANDARDS.
(a) In General.--(1) Subchapter II of chapter 73 is amended by
adding at the end the following new section:
``Sec. 7319. Mammography quality standards
``(a) A mammogram may not be performed at a Department facility
unless that facility is accredited for that purpose by a private
nonprofit organization designated by the Secretary. An organization
designated by the Secretary under this subsection shall meet the
standards for accrediting bodies established under section 354(e) of
the Public Health Service Act (42 U.S.C. 263b(e)).
``(b) The Secretary, in consultation with the Secretary of Health
and Human Services, shall prescribe quality assurance and quality
control standards relating to the performance and interpretation of
mammograms and use of mammogram equipment and facilities of the
Department of Veterans Affairs consistent with the requirements of
section 354(f)(1) of the Public Health Service Act. Such standards
shall be no less stringent than the standards prescribed by the
Secretary of Health and Human Services under section 354(f) of the
Public Health Service Act.
``(c)(1) The Secretary, to ensure compliance with the standards
prescribed under subsection (b), shall provide for an annual inspection
of the equipment and facilities used by and in Department health care
facilities for the performance of mammograms. Such inspections shall be
carried out in a manner consistent with the inspection of certified
facilities by the Secretary of Health and Human Services under section
354(g) of the Public Health Service Act.
``(2) The Secretary may not provide for an inspection under
paragraph (1) to be performed by a State agency.
``(d) The Secretary shall ensure that mammograms performed for the
Department under contract with any non-Department facility or provider
conform to the quality standards prescribed by the Secretary of Health
and Human Services under section 354 of the Public Health Service Act.
``(e) For the purposes of this section, the term `mammogram' has
the meaning given such term in paragraph (5) of section 354(a) of the
Public Health Service Act (42 U.S.C. 263b(a)).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7318 the
following new item:
``7319. Mammography quality standards.''.
(b) Deadline for Prescribing Standards.--The Secretary of Veterans
Affairs shall prescribe standards under subsection (b) of section 7319
of title 38, United States Code, as added by subsection (a), not later
than the end of the 120-day period beginning on the later of--
(1) the date on which the Secretary of Health and Human
Services prescribes quality standards under section 354(f) of
the Public Health Service Act (42 U.S.C. 263b(f)); or
(2) the date of the enactment of this Act.
(c) Transition.--(1) Subsection (a) of section 7319 of title 38,
United States Code, as added by subsection (a), shall take effect on
the date on which standards are prescribed by the Secretary of Veterans
Affairs under subsection (b) of that section.
(2) During the transition period, the Secretary of Veterans Affairs
may waive the requirement of subsection (a) of section 7319 of title
38, United States Code, as added by subsection (a), to any facility of
the Department. The Secretary may provide such a waiver in the case of
any facility only if the Secretary determines, based upon the
recommendation of the Under Secretary for Health of the Department of
Veterans Affairs, that during the period such a waiver is in effect for
such facility (including any extension of the waiver under paragraph
(3)) the facility will be operated in accordance with standards
prescribed by the Secretary under subsection (b) of such section to
assure the safety and accuracy of mammography services provided.
(3) The transition period for purposes of this section is the six-
month period beginning on the date specified in paragraph (1). The
Secretary may extend such period for a period not to exceed 90 days in
the case of any Department facility. Any such extension may be made
only if the Under Secretary for Health determines that--
(A) without the extension access of veterans to mammography
services in the geographic area served by the facility would be
significantly reduced; and
(B) appropriate steps will be taken before the end of the
transition period (as extended) to obtain accreditation of the
facility as required by subsection (a) of section 7319 of title
38, United States Code, as added by subsection (a).
(d) Implementation Report.--The Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the Secretary's implementation of
section 7319 of title 38, United States Code, as added by subsection
(a). The report shall be submitted not later than 180 days after the
date on which the Secretary prescribes the quality standards required
under subsection (b) of that section. | Department of Veterans Affairs Mammography Quality Standards Act - Prohibits a mammogram from being performed at a Department of Veterans Affairs facility unless the facility is accredited for such purpose by a private nonprofit organization designated by the Secretary of Veterans Affairs. Requires any such organization to meet the standards for accrediting bodies established under the Public Health Service Act (the Act).
Directs the Secretary to prescribe quality assurance and control standards relating to performance and interpretation of mammograms and the use of Department mammogram equipment and facilities consistent with requirements of the Act. Requires the Secretary to provide for an annual inspection of Department mammogram equipment and facilities. Requires any Department mammograms contracted to a non-Department facility or provider to conform to the standards of the Act. Provides for: (1) a deadline for the prescribing of standards; (2) transition provisions covering mammograms performed prior to the enactment of this Act; and (3) an implementation report from the Secretary to specified congressional committees. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Parents to Invest in
Choice Act of 2015''.
SEC. 2. QUALIFIED TUITION PROGRAMS EXTENDED TO COVER ELEMENTARY AND
SECONDARY EDUCATION EXPENSES.
(a) In General.--Section 529(e)(3) of the Internal Revenue Code of
1986 is amended to read as follows:
``(3) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means--
``(i) qualified elementary and secondary
education expenses (as defined in subparagraph
(B)), and
``(ii) qualified higher education expenses
(as defined in subparagraph (C)).
``(B) Qualified elementary and secondary education
expenses.--
``(i) In general.--The term `qualified
elementary and secondary education expenses'
means--
``(I) expenses for tuition, fees,
academic tutoring, special needs
services in the case of a special needs
beneficiary, books, supplies, and other
equipment which are incurred in
connection with the enrollment or
attendance of the designated
beneficiary of the trust as an
elementary or secondary school student
at a public, private, or religious
school,
``(II) expenses for the purchase of
any computer technology or equipment
(as defined in section 170(e)(6)(F)(i))
or Internet access and related
services, if such technology,
equipment, or services are to be used
by the beneficiary and the
beneficiary's family during any of the
years the beneficiary is in school.
Subclause (III) shall not include expenses for
computer software designed for sports, games,
or hobbies unless the software is predominantly
educational in nature.
``(ii) School.--The term `school' means any
school which provides elementary education or
secondary education (kindergarten through grade
12), as determined under State law.
``(C) Qualified higher education expenses.--
``(i) In general.--The term `qualified
higher education expenses' means--
``(I) tuition, fees, books,
supplies, and equipment required for
the enrollment or attendance of a
designated beneficiary at an eligible
educational institution, and
``(II) expenses for special needs
services in the case of a special needs
beneficiary which are incurred in
connection with such enrollment or
attendance.
``(ii) Room and board included for students
who are at least half-time.--In the case of an
individual who is an eligible student (as
defined in section 25A(b)(3)) for any academic
period, such term shall also include reasonable
costs for such period (as determined under the
qualified tuition program) incurred by the
designated beneficiary for room and board while
attending such institution. For purposes of
subsection (b)(6), a designated beneficiary
shall be treated as meeting the requirements of
this clause.
``(iii) Limitation on room and board
included for students who are at least half-
time.--The amount treated as qualified higher
education expenses by reason of clause (ii)
shall not exceed--
``(I) the allowance (applicable to
the student) for room and board
included in the cost of attendance (as
defined in section 472 of the Higher
Education Act of 1965 (20 U.S.C.
1087ll), as in effect on the date of
the enactment of the Economic Growth
and Tax Relief Reconciliation Act of
2001) as determined by the eligible
educational institution for such
period, or
``(II) if greater, the actual
invoice amount the student residing in
housing owned or operated by the
eligible educational institution is
charged by such institution for room
and board costs for such period.''.
(b) Conforming Amendments.--
(1) Section 72(t)(7)(A) of such Code is amended by striking
``529(e)(3)'' and inserting ``529(e)(3)(C)''.
(2) Section 529(c)(3)(B) of such Code is amended by
striking ``qualified higher education expenses'' in the heading
thereof and inserting ``qualified education expenses''.
(3) Section 529(c)(3)(B)(i) of such Code is amended by
striking ``qualified higher education expense'' and inserting
``qualified education expense''.
(4) Section 529 of such Code is amended by striking
``qualified higher education expenses'' each place it appears
and inserting ``qualified education expenses'' in each of the
following:
(A) Subsection (b)(1)(A)(i).
(B) Subsection (b)(1)(A)(ii).
(C) Subsection (b)(6).
(D) Subsection (c)(3)(B)(ii)(I).
(E) Subsection (c)(3)(B)(v).
(F) Subsection (c)(3)(B)(vi)(II).
(G) Subsection (c)(6).
(5) Section 530(b) of such Code is amended by striking
paragraphs (2) and (3) and redesignating paragraph (4) as
paragraph (2).
(6) Section 1400O(1) of such Code is amended by striking
``529(e)(3)'' and inserting ``529(e)(3)(C)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 3. INCREASED LIMITATION ON CONTRIBUTIONS TO COVERDELL EDUCATION
SAVINGS ACCOUNTS.
(a) In General.--Section 530(b)(1)(A)(iii) of the Internal Revenue
Code of 1986 is amended by striking ``$2,000'' and inserting
``$15,000''.
(b) Inflation Adjustment.--Section 530 of such Code is amended by
adding at the end the following new subsection:
``(i) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2015, the $15,000 amount contained in
subsection (b)(1)(A)(iii) 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 2014' for `calender year 1992' in
subparagraph (B) thereof.
``(2) Rounding rule.--Any increase determined under the
preceding sentence shall be rounded to the nearest multiple of
$100.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | Empowering Parents to Invest in Choice Act of 2015 This bill amends the Internal Revenue Code to allow the payment of qualified elementary and secondary education expenses from a tax-exempt qualified tuition program (known as a 529 plan). (Currently, such plans only pay qualified higher education expenses.) Included as qualified elementary and secondary education expenses are expenses for tuition, fees, academic tutoring, special needs services, books, supplies, and computer technology or equipment. The bill also increases from $2,000 to $15,000 the limit on the amount that may be contributed to a tax-exempt Coverdell education savings account. The new contribution limit is adjusted for inflation in each taxable year beginning after 2015. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Care Access Protection
Act of 2010''.
SEC. 2. PROTECTING ACCESS TO MEDICARE HOME HEALTH SERVICES.
Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C.
1395fff(b)(3)(B)), as amended by section 3401(e) of the Patient
Protection and Affordable Care Act, is amended--
(1) in clause (iv), by striking ``Insofar as'' and
inserting ``Subject to clause (vii), insofar as''; and
(2) by adding at the end the following new clause:
``(vii) Special rules for case mix changes
for 2011 and later.--
``(I) In general.--The adjustment
under clause (iv) shall only be made
for years beginning with 2011 using
standards developed by the Secretary
consistent with the processes described
in subclause (II) taking into account
the criteria described in subclause
(III).
``(II) Processes and criteria for
evaluating changes in case mix.--For
purposes of subclause (I), the
processes described in this subclause
are the following:
``(aa) In developing
standards referred to in such
subclause, the Secretary shall
convene a Technical Advisory
Group consisting of
stakeholders, including
individuals and organizations
representing the interests of
Medicare beneficiaries, the
home health community, health
care academia, and health care
professionals, in equal numbers
from each and limited to
parties without an existing
contractual relationship with
the Secretary, to advise the
Secretary concerning the
establishment of such standards
in order to distinguish between
real changes in case mix and
changes in coding or
classification of different
units of services that do not
reflect real changes in case
mix. The Technical Advisory
Group shall be given the
opportunity to review and
comment on any proposed
rulemaking or final
determination by the Secretary
on such standards prior to such
rulemaking or determination.
``(bb) If the Secretary
engages an outside contractor
to participate in the
evaluation of case mix changes
described in item (aa), the
Secretary shall only utilize a
contractor that has not
previously participated in the
design and establishment of the
case mix adjustment factors
under this subparagraph.
``(cc) If the Secretary
determines that any increase in
case mix relates to changes in
the volume or nature of
services provided to home
health services patients, the
Secretary shall evaluate such
increase through actual review
of claims and services and
shall not use any proxy or
surrogate for determining
whether the change in volume or
nature of services is
reasonable and necessary.
``(dd) The Secretary shall
establish the standards
referred to in item (aa) by
regulation.
``(ee) With respect to
establishment of such
standards, the Secretary shall
make public all data, reports,
and supporting materials,
including any comments by the
Technical Advisory Group
pursuant to item (aa),
regarding the standards at the
time of notice of such
standards.
``(III) Criteria.--The criteria
described in this subclause are the
following:
``(aa) The impact of
changes in the program under
this title that may affect the
characteristics of individuals
receiving home health services.
``(bb) The impact of
changes in the provision of
health care services by
providers of services other
than home health agencies.
``(cc) Distinctions in the
characteristics of individuals
initiating home health services
from the community and
institutional care settings.
``(dd) Whether any changes
in coding resulted in a change
in expenditures overall
annually and disregarding
changes in coding that do not
have an overall expenditure
impact.
``(ee) Any other factors
determined appropriate by the
Secretary in consultation with
the Technical Advisory Group
under subclause (II)(aa).''. | Home Health Care Access Protection Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, with respect to the prospective payment system (PPS) for home health services and adjustments to it for case mix changes.
Requires for years beginning with 2011 that any evaluation of case mix changes and any such adjustment be made using standards developed consistent with specified processes, taking certain criteria into account.
Directs the Secretary to convene a Technical Advisory Group to advise on the development of such standards. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Look, Listen, and Live Stamp Act''.
SEC. 2. SPECIAL POSTAGE STAMPS TO BENEFIT HIGHWAY-RAIL GRADE CROSSING
SAFETY.
(a) In General.--Chapter 4 of title 39, United States Code, is
amended by inserting after section 414 the following:
``Sec. 414a. Special postage stamps for highway-rail grade crossing
safety
``(a) In order to afford the public a convenient way to contribute
to funding for highway-rail grade crossing safety, the Postal Service
shall establish a special rate of postage for first-class mail under
this section.
``(b) The rate of postage established under this section--
``(1) shall be equal to the regular first-class rate of
postage, plus a differential of not to exceed 25 percent;
``(2) shall be set by the Governors in accordance with such
procedures as the Governors shall by regulation prescribe (in
lieu of the procedures under chapter 36); and
``(3) shall be offered as an alternative to the regular
first-class rate of postage.
``(c) The use of the special rate of postage established under this
section shall be voluntary on the part of postal patrons.
``(d)(1) Amounts becoming available for highway-rail grade crossing
safety under this section shall be paid by the Postal Service to the
Department of Transportation for Operation Lifesaver. Payments under
this section shall be made under such arrangements as the Postal
Service shall by mutual agreement with the Department of Transportation
establish in order to carry out the purposes of this section, except
that, under those arrangements, payments to the Department of
Transportation shall be made at least twice a year.
``(2) For purposes of this section, the term `amounts becoming
available for highway-rail grade crossing safety under this section'
means--
``(A) the total amounts received by the Postal Service that
the Postal Service would not have received but for the
enactment of this section, reduced by
``(B) an amount sufficient to cover reasonable costs
incurred by the Postal Service in carrying out this section,
including those attributable to the printing, sale, and
distribution of stamps under this section,
as determined by the Postal Service under regulations that it shall
prescribe.
``(e) It is the sense of Congress that nothing in this section
should--
``(1) directly or indirectly cause a net decrease in total
funds received by the Department of Transportation for
Operation Lifesaver below the level that would otherwise have
been received but for the enactment of this section; or
``(2) affect regular first-class rates of postage or any
other regular rates of postage.
``(f) Special postage stamps under this section shall be made
available to the public beginning on such date as the Postal Service
shall by regulation prescribe, but in no event later than 12 months
after the date of the enactment of this section.
``(g) The Postmaster General shall include in each report rendered
under section 2402 with respect to any period during any portion of
which this section is in effect information, concerning the operation
of this section, except that, at a minimum, each report shall include--
``(1) the total amount described in subsection (d)(2)(A)
which was received by the Postal Service during the period
covered by such report; and
``(2) of the amount under paragraph (1), how much (in the
aggregate and by category) was required for the purposes
described in subsection (d)(2)(B).
``(h) This section shall cease to be effective at the end of the 2-
year period beginning on the date on which special postage stamps under
this section are first made available to the public.''.
(b) Report by the Comptroller General of the United States.--Not
later than 3 months (but not earlier than 6 months) before the end of
the 2-year period referred to in section 414a(h) of title 39, United
States Code (as amended by subsection (a)), the Comptroller General of
the United States shall submit to Congress a report on the operation of
such section. Such report shall include--
(1) an evaluation of the effectiveness and the
appropriateness of the authority provided by such section as a
means of fundraising; and
(2) a description of the monetary and other resources
required of the Postal Service in carrying out such section.
(c) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 4
of title 39, United States Code, is amended by striking the
item relating to section 414 and inserting the following:
``414. Special postage stamps for breast cancer research.
``414a. Special postage stamps for highway-rail grade crossing
safety.''.
(2) Section heading.--The heading for section 414 of title
39, United States Code, is amended to read as follows:
``Sec. 414. Special postage stamps for breast cancer research''. | Declares the sense of Congress that nothing in this Act should: (1) directly or indirectly cause a net decrease in total funds received by the Department of Transportation for Operation Lifesaver below the level that would otherwise have been received but for enactment of this Act; or (2) affect regular first-class rates of postage or any other regular rates of postage.
Requires the Comptroller General to report to Congress: (1) an evaluation of the effectiveness and the appropriateness of the authority provided by this Act as a means of fundraising; and (2) a description of the monetary and other resources required of the Postal Service in carrying it out. |
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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Common Sense
Middle Class Tax Relief Act of 1996''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.-- Part VII of subchapter B of chapter 1
(relating to additional itemized deductions for individuals) is amended
by redesignating section 220 as section 221 and by inserting after
section 219 the following new section:
``SEC. 220. HIGHER EDUCATION TUITION AND FEES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction the amount of qualified higher
education expenses paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--
``(A) In general.--The amount allowed as a
deduction under subsection (a) for any taxable year
shall not exceed $10,000.
``(B) Phase-in.--In the case of taxable years
beginning in 1996, subparagraph (A) shall be applied by
substituting `$5,000' for `$10,000'.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount allowed as a
deduction under subsection (a) (after application of
paragraph (1)) shall be reduced (but not below zero) by
the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the deduction (determined without
regard to this paragraph) as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $60,000 ($80,000 in the case
of a joint return), bears to
``(ii) $20,000.
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 219 and 469.
For purposes of sections 86, 135, 219, and 469,
adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(D) Inflation adjustments.--
``(i) In general.--In the case of a taxable
year beginning after 1998, the $60,000 and
$80,000 amounts described in subparagraph (B)
shall each be increased by an amount equal to--
``(I) such dollar amounts,
multiplied by
``(II) 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 1997' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $5,000,
such amount shall be rounded to the next lowest
multiple of $5,000.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means tuition and fees charged by
an educational institution and required for the
enrollment or attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
as an eligible student at an institution of higher
education.
``(B) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies, unless such expenses--
``(i) are part of a degree program, or
``(ii) are deductible under this chapter
without regard to this section.
``(C) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(D) Eligible student.--For purposes of
subparagraph (A), the term `eligible student' means a
student who--
``(i) meets the requirements of section
484(a)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)(1)), as in effect on the
date of the enactment of this section, and
``(ii)(I) is carrying at least one-half the
normal full-time work load for the course of
study the student is pursuing, as determined by
the institution of higher education, or
``(II) is enrolled in a course which
enables the student to improve the student's
job skills or to acquire new job skills.
``(E) Identification requirement.--No deduction
shall be allowed under subsection (a) to a taxpayer
with respect to an eligible student unless the taxpayer
includes the name, age, and taxpayer identification
number of such eligible student on the return of tax
for the taxable year.
``(2) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this section, and
``(B) is eligible to participate in programs under
title IV of such Act.
``(d) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for qualified higher education
expenses with respect to which a deduction is allowable
to the taxpayer under any other provision of this
chapter unless the taxpayer irrevocably waives his
right to the deduction of such expenses under such
other provision.
``(B) Dependents.--No deduction shall be allowed
under subsection (a) 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.
``(C) Savings bond exclusion.--A deduction shall be
allowed under subsection (a) for qualified higher
education expenses only to the extent the amount of
such expenses exceeds the amount excludable under
section 135 for the taxable year.
``(2) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a) for any taxable year only to the
extent the qualified higher education expenses are in
connection with enrollment at an institution of higher
education during the taxable year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year if such expenses
are in connection with an academic term beginning
during such taxable year or during the first 3 months
of the next taxable year.
``(3) Adjustment for certain scholarships and veterans'
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a) with respect
to the education of an individual shall be reduced (before the
application of subsection (b)) by the sum of the amounts
received with respect to such individual for the taxable year
as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
enrollment at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(4) No deduction for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(5) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''
(b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) is amended by inserting after paragraph (15) the following new
paragraph:
``(16) Higher education tuition and fees.--The deduction
allowed by section 220.''
(c) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 is amended by striking the item relating to
section 220 and inserting:
``Sec. 220. Higher education tuition and
fees.
``Sec. 221. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 1995.
SEC. 3. EXCLUSION FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE MADE
PERMANENT.
(a) In General.--Section 127 (relating to exclusion for employer-
provided educational assistance programs) is amended by striking
subsection (d) and by redesignating subsection (e) as subsection (d).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994. | Common Sense Middle Class Tax Relief Act of 1996 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $10,000. Provides for a limitation based on modified adjusted gross income and other limitations.
Makes permanent the exclusion for employer-provided educational assistance 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 ``Dot Kids Implementation and
Efficiency Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the World Wide Web presents a stimulating and
entertaining opportunity for children to learn, grow, and
develop educationally and intellectually;
(2) Internet technology also makes available an extensive
amount of information that is harmful to children, as studies
indicate that a significant portion of all material available
on the Internet is related to pornography;
(3) young children, when trying to use the World Wide Web
for positive purposes, are often presented--either mistakenly
or intentionally--with material that is inappropriate for their
age, which can be extremely frustrating for children, parents,
and educators;
(4) exposure of children to material that is inappropriate
for them, including pornography, can distort the education and
development of the Nation's youth and represents a serious harm
to American families that can lead to a host of other problems
for children, including inappropriate use of chat rooms,
physical molestation, harassment, and legal and financial
difficulties;
(5) young boys and girls, older teens, troubled youth,
frequent Internet users, chat room participants, online risk
takers, and those who communicate online with strangers are at
greater risk for receiving unwanted sexual solicitation on the
Internet;
(6) studies have shown that 19 percent of youth (ages 10 to
17) who used the Internet regularly were the targets of
unwanted sexual solicitation, but less than 10 percent of the
solicitations were reported to the police;
(7) children who come across illegal content should report
it to the congressionally authorized CyberTipline, an online
mechanism developed by the National Center for Missing and
Exploited Children, for citizens to report sexual crimes
against children;
(8) the CyberTipline has received more than 64,400 reports,
including reports of child pornography, online enticement for
sexual acts, child molestation (outside the family), and child
prostitution;
(9) although the computer software and hardware industries,
and other related industries, have developed innovative ways to
help parents and educators restrict material that is harmful to
minors through parental control protections and self-
regulation, to date such efforts have not provided a national
solution to the problem of minors accessing harmful material on
the World Wide Web;
(10) the creation of a ``green-light'' area within the
United States country code Internet domain, that will contain
only content that is appropriate for children under the age of
13, is analogous to the creation of a children's section within
a library and will promote the positive experiences of children
and families in the United States; and
(11) while custody, care, and nurture of the child reside
first with the parent, the protection of the physical and
psychological well-being of minors by shielding them from
material that is harmful to them is a compelling governmental
interest.
(b) Purposes.--The purposes of this Act are--
(1) to facilitate the creation of a second-level domain
within the United States country code Internet domain for the
location of material that is suitable for minors and not
harmful to minors; and
(2) to ensure that the National Telecommunications and
Information Administration oversees the creation of such a
second-level domain and ensures the effective and efficient
establishment and operation of the new domain.
SEC. 3. NTIA AUTHORITY.
Section 103(b)(3) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 902(b)(3)) is
amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) shall assign to the NTIA responsibility for
providing for the establishment, and overseeing
operation, of a second-level Internet domain within the
United States country code domain in accordance with
section 157.''.
SEC. 4. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN.
The National Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended in part C by adding
at the end the following new section:
``SEC. 157. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN.
``(a) Responsibilities.--The NTIA shall require the registry
selected to operate and maintain the United States country code
Internet domain to establish, operate, and maintain a second-level
domain within the United States country code domain that provides
access only to material that is suitable for minors and not harmful to
minors (in this section referred to as the `new domain').
``(b) Conditions of Contract Renewal.--The NTIA may not renew any
contract to operate and maintain the domain with the initial registry,
or enter into or renew any such contract with any successor registry,
unless such registry enters into an agreement with the NTIA, during the
90-day period beginning upon the date of the enactment of the Dot Kids
Implementation and Efficiency Act of 2002 in the case of the initial
registry or during the 90-day period after selection in the case of any
successor registry, as applicable, which provides for the registry to
carry out, and the new domain operates pursuant to, the following
requirements:
``(1) Written content standards for the new domain, except
that the NTIA shall not have any authority to establish such
standards.
``(2) Written agreements with each registrar for the new
domain that require that use of the new domain is in accordance
with the standards and requirements of the registry.
``(3) Written agreements with registrars, which shall
require registrars to enter into written agreements with
registrants, to use the new domain in accordance with the
standards and requirements of the registry.
``(4) Rules and procedures for enforcement and oversight
that minimize the possibility that the new domain provides
access to content that is not in accordance with the standards
and requirements of the registry.
``(5) A process for removing from the new domain any
content that is not in accordance with the standards and
requirements of the registry.
``(6) A process to provide registrants to the new domain
with an opportunity for a prompt, expeditious, and impartial
dispute resolution process regarding any material of the
registrant excluded from the new domain.
``(7) Continuous and uninterrupted service for the new
domain during any transition to a new registry selected to
operate and maintain new domain or the United States country
code domain.
``(8) Procedures and mechanisms to promote the accuracy of
contact information submitted by registrants and retained by
registrars in the new domain.
``(9) Operationality of the new domain not later than one
year after the date of the enactment of the Dot Kids
Implementation and Efficiency Act of 2002.
``(10) Written agreements with registrars, which shall
require registrars to enter into written agreements with
registrants, to prohibit two-way and multiuser interactive
services in the new domain, unless the registrant certifies to
the registrar that such service will be offered in compliance
with the content standards established pursuant to paragraph
(1) and is specifically constructed and operated to protect
minors from harm.
``(11) Written agreements with registrars, which shall
require registrars to enter into written agreements with
registrants, to prohibit hyperlinks in the new domain that take
new domain users outside of the new domain.
``(12) Any other action that the NTIA considers necessary
to establish, operate, or maintain the new domain in accordance
with the purposes of this section.
``(c) Treatment of Registry and Other Entities.--
``(1) In general.--Only to the extent that such entities
carry out functions under this section, the following entities
are deemed to be interactive computer services for purposes of
section 230(c) of the Communications Act of 1934 (47 U.S.C.
230(c)):
``(A) The registry that operates and maintains the
new domain.
``(B) Any entity that contracts with such registry
to carry out functions to ensure that content accessed
through the new domain complies with the limitations
applicable to the new domain.
``(C) Any registrar for the registry of the new
domain that is operating in compliance with its
agreement with the registry.
``(2) Savings provision.--Nothing in paragraph (1) shall be
construed to affect the applicability of any other provision of
title II of the Communications Act of 1934 to the entities
covered by subparagraph (A), (B), or (C) of paragraph (1).
``(d) Education.--The NTIA shall carry out a program to publicize
the availability of the new domain and to educate the parents of minors
regarding the process for utilizing the new domain in combination and
coordination with hardware and software technologies that provide for
filtering or blocking. The program under this subsection shall be
commenced not later than 30 days after the date that the new domain
first becomes operational and accessible by the public.
``(e) Coordination With Federal Government.--The registry selected
to operate and maintain the new domain shall--
``(1) consult with appropriate agencies of the Federal
Government regarding procedures and actions to prevent minors
and families who use the new domain from being targeted by
adults and other children for predatory behavior, exploitation,
or illegal actions; and
``(2) based upon the consultations conducted pursuant to
paragraph (1), establish such procedures and take such actions
as the registry may deem necessary to prevent such targeting.
The consultations, procedures, and actions required under this
subsection shall be commenced not later than 30 days after the date
that the new domain first becomes operational and accessible by the
public.
``(f) Compliance Report.--The registry shall prepare, on an annual
basis, a report on the registry's monitoring and enforcement procedures
for the new domain. The registry shall submit each such report, setting
forth the results of the review of its monitoring and enforcement
procedures for the new domain, to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(g) Selection of Contractor.--
``(1) Withdrawal of registry.--
``(A) Election by registry.--Upon a good faith
showing by the registry of the new domain to the NTIA
of extreme financial hardship in the operation of the
new domain occurring any time after the date of the
enactment of the Dot Kids Implementation and Efficiency
Act of 2002, the registry may elect to relinquish the
right to operate and maintain the new domain.
Notwithstanding the time of occurrence of such extreme
financial hardship or the time of such election, the
registry may not relinquish such right before the
expiration of the 3-year period beginning upon such
date of enactment.
``(B) Selection of new contractor.--If the registry
elects to relinquish such right pursuant to
subparagraph (A), the NTIA shall select a contractor to
operate and maintain the new domain under the
competitive bidding process established pursuant to
paragraph (2).
``(C) Extreme financial hardship.--For purposes of
this paragraph, the term `extreme financial hardship'
means that each quarter, for a period of 6 or more
consecutive quarters, the costs of establishing,
operating, and maintaining the new domain exceed the
revenues generated from registrants by more than 25
percent.
``(2) Competitive bid selection process.--The NTIA shall
establish a process for soliciting applications and selecting a
contractor to operate and maintain the new domain pursuant to
this subsection), which process shall comply with the following
requirements:
``(A) Timing.--The selection process shall commence
and complete not later than (i) 120 days after the
registry elects to relinquish the new domain for
extreme financial hardship, or (ii) the expiration of a
contract referred to in paragraph (4), as applicable.
``(B) Notice.--The selection process shall provide
adequate notice to prospective applicants of--
``(i) the opportunity to submit such an
application; and
``(ii) the criteria for selection under
subparagraph (C).
``(C) Criteria.--The selection shall be made
pursuant to written, objective criteria designed to
ensure--
``(i) that the new domain is operated and
maintained in accordance with the requirements
under subsection (b); and
``(ii) that the contractor selected to
operate and maintain the new domain is the
applicant most capable and qualified to do so.
``(D) Review.--Not more than 60 days after the
conclusion of the period established for submission of
applications, the NTIA shall--
``(i) review and apply the selection
criteria established under subparagraph (C) to
each application submitted; and
``(ii) based upon such criteria and subject
to submission of an application meeting such
criteria, select an application and award to
the applicant a subcontract for the operation
and maintenance of the new domain.
``(E) Failure to find contractor.--If the NTIA
fails to find a suitable contractor pursuant to the
process under this paragraph, the NTIA shall permit the
registry to cease operation of the new domain.
``(3) Rights and duties.--A contractor selected pursuant to
this subsection shall have all of the rights and duties of the
registry specified under this section, except that such duties
shall not include the technical maintenance of the new domain.
``(4) Conditions of contract renewal.--In the case of the
expiration of a contract for operation and maintenance of the
new domain with a contractor selected pursuant to paragraph
(2), the NTIA may renew such contract or, subject to paragraph
(2), rebid the contract to a new contractor. Nothing in this
section shall be construed to prevent the registry of the
United States country code Internet domain from bidding to
become the contractor of the new domain.
``(h) Suspension of New Domain.--If the NTIA finds, pursuant to its
own review or upon a good faith petition by the registry, that the new
domain is not serving its intended purpose, the NTIA shall instruct the
registry to suspend operation of the new domain until such time as the
NTIA determines that the new domain can be operated as intended.
``(i) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Harmful to minors.--The term `harmful to minors'
means, with respect to material, that--
``(A) the average person, applying contemporary
community standards, would find, taking the material as
a whole and with respect to minors, that it is designed
to appeal to, or is designed to pander to, the prurient
interest;
``(B) the material depicts, describes, or
represents, in a manner patently offensive with respect
to minors, an actual or simulated sexual act or sexual
contact, an actual or simulated normal or perverted
sexual act, or a lewd exhibition of the genitals or
post-pubescent female breast; and
``(C) taken as a whole, the material lacks serious,
literary, artistic, political, or scientific value for
minors.
``(2) Minor.--The term `minor' means any person under 13
years of age.
``(3) Registry.--The term `registry' means the registry
selected to operate and maintain the United States country code
Internet domain
``(4) Suitable for minors.--The term `suitable for minors'
means, with respect to material, that it--
``(A) is not psychologically or intellectually
inappropriate for minors; and
``(B) serves--
``(i) the educational, informational,
intellectual, or cognitive needs of minors; or
``(ii) the social, emotional, or
entertainment needs of minors.''. | Dot Kids Implementation and Efficiency Act of 2002 - Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary of Commerce to assign to the National Telecommunications and Information Administration (NTIA) responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the U.S. country code domain that provides access only to materials suitable for, and not harmful to, minors. Directs NTIA to require the same registry selected to operate and maintain the U.S. country code Internet domain to establish, operate, and maintain such second-level domain. Prohibits NTIA from renewing any contract to operate and maintain the domain with the initial registry, or to enter into or renew a contract with a successor registry, unless such registry enters into an agreement with NTIA which requires the registry to carry out, and the new domain to operate under, specified requirements.Requires NTIA to publicize the availability of the new domain and to educate parents of minors regarding the process for utilizing such domain in coordination with filtering or blocking technologies.Allows a registry, upon a showing of extreme financial hardship, to relinquish the right to operate and maintain the new domain and requires NTIA to then select, under a competitive bidding process, a contractor to operate and maintain such domain. Prohibits the registry from relinquishing such right before the end of the three-year period following the enactment of this Act.Authorizes NTIA to suspend from new domain operation a registry found not to be serving its intended purpose. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Crop Insurance
Improvement Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment or approval of expected market price for each
agricultural commodity for which insurance
is offered.
Sec. 3. Fixing adequate premium amounts for additional coverage.
Sec. 4. Payment of portion of crop insurance premium by Corporation.
Sec. 5. Effect of disaster declaration on determination of producer's
actual production history.
Sec. 6. Assigned yields for newly acquired lands and new crops.
Sec. 7. Cost of production risk protection pilot project.
Sec. 8. Rating methodologies pilot project.
Sec. 9. Livestock coverage pilot project.
Sec. 10. Board of directors of Corporation.
SEC. 2. ESTABLISHMENT OR APPROVAL OF EXPECTED MARKET PRICE FOR EACH
AGRICULTURAL COMMODITY FOR WHICH INSURANCE IS OFFERED.
Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c))
is amended by striking paragraph (5) and inserting the following new
paragraph:
``(5) Expected market price.--
``(A) Establishment or approval.--For the purposes
of this title, the Corporation shall establish or
approve the price level (referred to in this title as
the `expected market price') of each agricultural
commodity for which insurance is offered.
``(B) Amount generally.--Except as provided in
subparagraphs (C) and (D), the expected market price of
an agricultural commodity shall be not less than the
projected market price of the agricultural commodity,
as determined by the Corporation, but the expected
market price may be based on the actual market price of
the agricultural commodity at the time of harvest, as
determined by the Corporation.
``(C) Revenue and similar plans.--In the case of
revenue and other similar plans of insurance, the
expected market price of an agricultural commodity
shall be the actual market price of the agricultural
commodity, as determined by the Corporation.
``(D) Cost of production and similar plans.--In the
case of cost of production or similar plans of
insurance, the expected market price of an agricultural
commodity shall be the projected cost of producing the
agricultural commodity, as determined by the
Corporation.''.
SEC. 3. FIXING ADEQUATE PREMIUM AMOUNTS FOR ADDITIONAL COVERAGE.
Section 508(d)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(d)(2)) is amended--
(1) in subparagraph (B), by striking ``under all policies
with that level of coverage'' after ``anticipated losses''; and
(2) by striking subparagraph (C) and inserting the
following new subparagraphs:
``(C) In the case of additional coverage at greater
than or equal to 65 percent of the recorded or
appraised average yield indemnified at 100 percent of
the expected market price, or an equivalent coverage,
but less than 75 percent of the recorded or appraised
average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the
amount of the premium shall--
``(i) be sufficient to cover anticipated
losses under all policies with that level of
coverage and a reasonable reserve; and
``(ii) include an amount for operating and
administrative expenses, as determined by the
Corporation, on an industry-wide basis as a
percentage of the amount of the premium used to
define loss ratio.
``(D) In the case of additional coverage equal to
or greater than 75 percent of the recorded or appraised
average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the
amount of the premium shall--
``(i) be sufficient to cover anticipated
losses under all policies with that level of
coverage and a reasonable reserve; and
``(ii) include an amount for operating and
administrative expenses, as determined by the
Corporation, on an industry-wide basis as a
percentage of the amount of the premium used to
define loss ratio.''.
SEC. 4. PAYMENT OF PORTION OF CROP INSURANCE PREMIUM BY CORPORATION.
(a) Payment Required.--Section 508(e) of the Federal Crop Insurance
Act (7 U.S.C. 1508(e)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) In general.--
``(A) Mandatory payments.--For the purpose of
encouraging the broadest possible participation of
producers in the crop insurance plans of insurance
authorized to be insured or reinsured under subsections
(b) and (c), the Corporation shall pay a part of the
premium in the amounts determined under this
subsection.
``(B) Discretionary payments.--In the case of a
plan of insurance approved by the Corporation under
subsection (h), the Corporation may pay a part of the
premium in the amounts not to exceed the amounts
determined under this subsection.''; and
(2) in paragraph (2), by striking subparagraphs (B) and (C)
and inserting the following new subparagraphs:
``(B) In the case of additional coverage less than
65 percent of the recorded or appraised average yield
indemnified at 100 percent of the expected market
price, or an equivalent coverage, the amount shall be
equal to the sum of--
``(i) 45 percent of the amount of the
premium established under subsection (d)(2)(B)
to satisfy the requirements of clause (i) of
such subsection; and
``(ii) the amount of operating and
administrative expenses included under
subsection (d)(2)(B)(ii).
``(C) In the case of coverage at greater than or
equal to 65 percent of the recorded or appraised
average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, but
less than 75 percent of the recorded or appraised
average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the
amount shall be equal to the sum of--
``(i) 50 percent of the amount of the
premium established under subsection (d)(2)(C)
to satisfy the requirements of clause (i) of
such subsection; and
``(ii) the amount of operating and
administrative expenses included under
subsection (d)(2)(C)(ii).
``(D) In the case of coverage equal to or greater
than 75 percent of the recorded or appraised average
yield indemnified at 100 percent of the expected market
price, or an equivalent coverage, the amount shall be
equal to the sum of--
``(i) 55 percent of the amount of the
premium established under subsection (d)(2)(D)
to satisfy the requirements of clause (i) of
such subsection for coverage at 75 percent of
the recorded or appraised average yield
indemnified at 100 percent of the expected
market price; and
``(ii) the amount of operating and
administrative expenses included under
subsection (d)(2)(D)(ii).''.
(d) Conforming Amendment.--Section 508(h)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(h)(2)) is amended by striking the second
sentence.
SEC. 5. EFFECT OF DISASTER DECLARATION ON DETERMINATION OF PRODUCER'S
ACTUAL PRODUCTION HISTORY.
(a) Definition of Designated Disaster Area.--Section 502(b) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amended--
(1) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Designated disaster area.--The term `designated
disaster area' means an area--
``(A) covered by a Presidential declaration of
major disaster issued under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170); or
``(B) determined to be a disaster area by the
Secretary under subpart A of part 1945 of title 7, Code
of Federal Regulations.''.
(b) Yield Determinations.--Section 508(g) of such Act (7 U.S.C.
1508(g)) is amended by striking paragraph (3) and inserting the
following new paragraph (3):
``(3) Exclusion of one or more crop years.--In establishing
the actual production history of a producer for a crop under
paragraph (2)(A) or using the producer's actual production
records for any other purpose under this subsection, the
Corporation shall exclude any crop year of the crop at the
producer's election if, at any time during the crop year, the
county in which the crop was grown (or an adjacent county) was
included in a designated disaster area declared as a result of
damaging weather.''.
SEC. 6. ASSIGNED YIELDS FOR NEWLY ACQUIRED LANDS AND NEW CROPS.
Section 508(g)(2)(B) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)(B)) is amended by adding at the end the following new
sentence: ``However, if the lack of satisfactory yield evidence is the
result of the recent acquisition of land by the producer, the
conversion of noncrop land to production, or the conversion of cropland
to a different crop, as determined by the Corporation, then at the
election of the producer, the Corporation shall assign the producer a
yield for that land that is equal to 100 percent of the average
transitional yield for the commodity involved in the county in which
the land is located.''.
SEC. 7. COST OF PRODUCTION RISK PROTECTION PILOT PROJECT.
Section 508(h)(6) of the Federal Crop Insurance Act (7 U.S.C.
1508(h)(6)) is amended--
(1) in subparagraph (A), by striking ``, to the extent
practicable,'';
(2) in subparagraph (B)(i), by striking ``1996 and 1997
crop years'' and inserting ``2000 through 2004 crop years'';
and
(3) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C) Coverage level; determination of cost of
production.--A producer electing to participate in the
pilot project may select a coverage level not to exceed
90 percent of the applicable cost of production
determined by the Office of Risk Management for the
county or an area of the county in which the producer's
farm is located. The cost of production coverage
determined by the Office shall be based on cost of
production data prepared and published by the land-
grant college or university for the State in which the
producer's farm is located.''.
SEC. 8. RATING METHODOLOGIES PILOT PROJECT.
(a) In General.--Section 508(h) of the Federal Crop Insurance Act
(7 U.S.C. 1508(h)) is amended by striking paragraph (8) and inserting
the following new paragraph:
``(8) Rating methodologies pilot project.--Not later than
September 30, 2000, the Office of Risk Management shall--
``(A) review the methodologies that are used to
rate plans of insurance under this title; and
``(B) enter into a contract with a person in the
private sector to develop new methodologies for rating
plans of insurance under this title that take into
account the lower risk pool of--
``(i) producers that elect not to
participate in the Federal crop insurance
program established under this title; and
``(ii) producers that elect only to obtain
catastrophic risk protection under subsection
(b).''.
(b) Conforming Amendment.--Section 507(c) of the Federal Crop
Insurance Act (7 U.S.C. 1507(c)) is amended in the last sentence by
striking ``Nothing'' and inserting ``Except as provided in section
508(h)(8), nothing''.
SEC. 9. LIVESTOCK COVERAGE PILOT PROJECT.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h))
is amended by adding at the end the following new paragraph:
``(11) Livestock coverage pilot project.--Notwithstanding
section 518, the Corporation shall carry out a pilot project in
a limited number of counties, to be selected by the
Corporation, under which a producer of livestock may elect to
receive federally reinsured coverage under this title.''.
SEC. 10. BOARD OF DIRECTORS OF CORPORATION.
Section 505 of the Federal Crop Insurance Act (7 U.S.C. 1505) is
amended by striking subsection (a) and inserting the following new
subsection:
``(a) Board of Directors.--
``(1) In general.--The management of the Corporation shall
be vested in a Board subject to the general supervision of the
Secretary.
``(2) Composition.--The Board shall consist of--
``(A) 2 members who are active agricultural
producers with or without crop insurance;
``(B) 1 member who is active in the crop insurance
business;
``(C) 1 member who is active in the reinsurance
business;
``(D) the Under Secretary for Farm and Foreign
Agricultural Services;
``(E) the Under Secretary for Rural Development;
and
``(F) the Chief Economist of the Department of
Agriculture.
``(3) Appointment and terms of private sector members.--The
members of the Board described in subparagraphs (A), (B), and
(C) of paragraph (2)--
``(A) shall be appointed by, and hold office at the
pleasure of, the Secretary;
``(B) shall not be otherwise employed by the
Federal Government;
``(C) shall be appointed to staggered 4-year terms,
as determined by the Secretary; and
``(D) shall serve not more than 2 consecutive
terms.
``(4) Chairperson.--The Board shall select a member of the
Board described in subparagraph (A), (B), or (C) of paragraph
(2) to serve as Chairperson of the Board.''. | Crop Insurance Improvement Act of 1999 - Amends the Federal Crop Insurance Act to specify expected market price criteria for revenue or production-based crop insurance.
(Sec. 3) Provides for 75 percent additional coverage.
(Sec. 4) Revises Federal Crop Insurance Corporation premium subsidy provisions, including by making provision for certain mandatory and discretionary payments.
(Sec. 5) Defines "designated disaster area." Excludes from yield determinations at producer request any crop year during which the county in which the crop was grown (or adjacent county) was included in a designated disaster area.
(Sec. 6) Provides elective average production history adjustments for producers who are working new land or new crops.
(Sec. 7) Extends the pilot cost of production risk protection plan. Authorizes 90 percent coverage.
(Sec. 8) Directs the Office of Risk Management to contract for a rating methodologies development pilot program.
(Sec. 9) Directs the Corporation to carry out a pilot livestock coverage project.
(Sec. 10) Revises the membership of the Corporation's Board of Directors. |
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 ``Higher Education Tax Benefit
Compliance Improvement Act''.
SEC. 2. WAIVER OF PENALTIES FOR CERTAIN FAILURES RELATING TO
INFORMATION RETURNS FOR HIGHER EDUCATION TUITION AND
RELATED EXPENSES.
(a) In General.--Section 6724 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Special Rules for Returns Related to Higher Education Tuition
and Related Expenses.--Section 6721 shall not apply to any failure by
an eligible educational institution (as defined in section 25A) to
provide the TIN of an individual described in section 6050S(b)(2)(A) on
any information return described in subsection (d)(1)(B)(xii) if the
person required to file the return certifies under penalty of perjury
that such person has complied with standards promulgated by the
Secretary for obtaining the individual's TIN, unless it is shown that
such certification is materially untrue.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns filed after the date of the enactment of this Act.
SEC. 3. PAYEE STATEMENT REQUIRED TO CLAIM CERTAIN EDUCATION TAX
BENEFITS.
(a) American Opportunity Credit, Hope Scholarship Credit, and
Lifetime Learning Credit.--
(1) In general.--Subsection (g) of section 25A of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(8) Payee statement requirement.--No credit shall be
allowed under this section for any qualified tuition and
related expenses paid by the taxpayer unless--
``(A) the taxpayer has received a statement
provided under section 6050S(d) which contains the TIN
of the individual for whom a payment of qualified
tuition and related expenses was made, or
``(B) in any case in which--
``(i) the qualified tuition and related
expenses are for a course for which academic
credit is not offered by the eligible
educational institution, or
``(ii) the eligible educational institution
does not provide the taxpayer with a statement
described in subparagraph (A) with respect to
such qualified tuition and related expenses,
the taxpayer maintains a record, in such form and
manner as prescribed by the Secretary, showing the date
and amount of the expenses.''.
(2) Conforming amendment.--Paragraph (3) of section 25A(g)
of such Code is amended by adding at the end the following
flush sentence:
``For purposes of paragraph (8), a statement described in
paragraph (8)(A) which is received by such individual shall be
treated as received by such other taxpayer.''.
(b) Deduction for Qualified Tuition and Related Expenses.--
(1) In general.--Subsection (d) of section 222 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraph (6) as paragraph (7) and by inserting after paragraph
(5) the following new paragraph:
``(6) Payee statement requirement.--No deduction shall be
allowed under this section for any qualified tuition and
related expenses paid by the taxpayer unless--
``(A) the taxpayer has received a statement
provided under section 6050S(d) which contains the TIN
of the individual to whom a payment of qualified
tuition and related expenses was made, or
``(B) in any case in which--
``(i) the qualified tuition and related
expenses are for a course for which academic
credit is not offered by the eligible
educational institution, or
``(ii) the eligible educational institution
does not provide the taxpayer with a statement
described in subparagraph (A) with respect to
such qualified tuition and related expenses,
the taxpayer maintains a record, in such form and
manner as prescribed by the Secretary, showing the date
and amount of the expenses.''.
(2) Conforming amendment.--Paragraph (3) of section 222(c)
of such Code is amended by adding at the end the following
sentence: ``For purposes of paragraph (6), a statement
described in paragraph (6)(A) which is received by such
individual shall be treated as received by such other
taxpayer.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Higher Education Tax Benefit Compliance Improvement Act This bill amends the Internal Revenue Code to: (1) exempt an institution of higher education from tax penalties for failure to provide the tax identification number (TIN) of a person who claims a tax credit for tuition and related expenses if such institution certifies that it has complied with standards for obtaining the TIN, and (2) disallow the American Opportunity tax credit and the tax deduction for tuition and related expenses unless the taxpayer receives a payee statement containing the TIN of the individual claiming the credit or the deduction. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Abandoned Hardrock
Mines Reclamation Funding Act''.
(b) Findings.--The Congress finds the following:
(1) Through various laws and policies, including the Act of
May 10, 1872 (commonly known as the General Mining Law of 1872;
30 U.S.C. 22 et seq.), the Federal Government has encouraged
the development of gold, silver, and other mineral resources,
especially in the western States, and development of these
resources has helped create a strong economy and provided
needed materials for many critical products and services.
(2) However, historically mining activities have occurred
in recurrent cycles of ``boom'' followed by ``bust'', with many
mines left inactive or abandoned at the end of each cycle.
(3) As a result of this history, the United States has been
left an unwelcome legacy of inactive or abandoned mines,
including thousands of such mines in the western States.
(4) Many of these inactive or abandoned mines pose safety
hazards to the public, and the drainage and runoff from such
mines has damaged thousands of stream miles to the detriment of
water quality, particularly in several western States.
(5) The environmental cleanup of these inactive or
abandoned mines is hampered by lack of funding. Federal and
State agencies and Indian tribes are often unable to afford to
make cleanup of these mine sites a high priority.
(6) It is in the national interest to facilitate the
cleanup of inactive or abandoned mines through appropriate
legislation that reduces this obstacle.
(c) Purpose.--The purpose of this Act is to facilitate cleanup of
inactive and abandoned mine sites by establishing a source of funding
for that purpose.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``gross proceeds'' means the value of any
extracted hardrock mineral that was--
(A) sold;
(B) exchanged for any thing or service;
(C) removed from the country in a form ready for
use or sale; or
(D) initially used in a manufacturing process or in
providing a service.
(2) The term ``net proceeds'' means gross proceeds less the
sum of the following deductions:
(A) The actual cost of extracting the mineral.
(B) The actual cost of transporting the mineral to
the place or places of reduction, refining, and sale.
(C) The actual cost of reduction, refining, and
sale.
(D) The actual cost of marketing and delivering the
mineral and the conversion of the mineral into money.
(E) The actual cost of maintenance and repairs of--
(i) all machinery, equipment, apparatus,
and facilities used in the mine;
(ii) all milling, refining, smelting and
reduction works, plants and facilities; and
(iii) all facilities and equipment for
transportation.
(F) The actual cost of fire insurance on such
machinery, equipment, apparatus, works, plants, and
facilities.
(G) Depreciation of the original capitalized cost
of such machinery, equipment, apparatus, works, plants,
and facilities.
(H) All money expended for premiums for industrial
insurance, and the actual cost of hospital and medical
attention and accident benefits and group insurance for
all employees.
(I) The actual cost of developmental work in or
about the mine or upon a group of mines when operated
as a unit.
(J) All royalties and severance taxes paid to the
Federal Government or State governments.
(3) The term ``hardrock minerals'' means any mineral other
than a mineral that would be subject to disposition under any
of the following laws if located on land subject to the general
mining laws:
(A) The Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(B) The Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.).
(C) The Act of July 31, 1947, commonly known as the
Materials Act of 1947 (30 U.S.C. 601 et seq.).
(D) The Mineral Leasing Act for Acquired Lands (30
U.S.C. 351 et seq.).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``patented mining claim'' means an interest in
land which has been obtained pursuant to sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, or
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims.
(6) The term ``general mining laws'' means those provisions
of law that generally comprise chapters 2, 12A, and 16, and
sections 161 and 162, of title 30, United States Code.
(7) The term ``Fund'' means the Abandoned Minerals Mine
Reclamation Fund.
SEC. 3. SOURCE OF REVENUES FOR ABANDONED MINE CLEANUP.
(a) Reclamation Fee.--
(1) Fee imposed.--Any person producing hardrock minerals
from a mine within an unpatented mining claim or a mine on land
that was patented under the general mining laws shall pay a
reclamation fee to the Secretary under this section.
(2) Fee as percentage of net proceeds.--The amount of the
fee under this section shall be equal to a percentage of the
net proceeds derived from the mine. The percentage shall be
based upon the ratio of the net proceeds to the gross proceeds
related to mineral production from the mine in accordance with
the following table:
Net proceeds as percentage Rate of fee as percentage
of gross proceeds of net proceeds
Less than 10........................................... 2.00
10 or more but less than 18............................ 2.50
18 or more but less than 26............................ 3.00
26 or more but less than 34............................ 3.50
34 or more but less than 42............................ 4.00
42 or more but less than 50............................ 4.50
50 or more............................................. 5.00
(b) Exemption.--Gross proceeds of less than $500,000 from minerals
produced in any calendar year shall be exempt from the reclamation fee
under this section for that year if such proceeds are from one or more
mines located in a single patented claim or on two or more contiguous
patented claims.
(c) Payment.--The amount of all fees payable under this section for
any calendar year shall be paid to the Secretary within 60 days after
the end of such year.
(d) Deposit of Revenues.--The Secretary shall deposit amounts
received under subsection (c) in the Abandoned Minerals Mine
Reclamation Fund.
(e) Relation to State Fees.--Nothing in this Act shall be construed
to require a reduction in, or otherwise affect, a similar fee provided
for under State law.
(f) Reduction of Fees.--The Secretary shall reduce a fee required
by this section by an amount equal to a royalty paid pursuant to an Act
of Congress that provides for crediting to the Fund of royalties paid
to the Secretary with respect to production of hardrock minerals.
(g) Effective Date.--This section shall take effect with respect to
hardrock minerals produced after December 31, 2004, except that
subsection (f) shall take effect one year after the date of the
enactment of the law described in such subsection.
SEC. 4. ABANDONED MINERALS MINE RECLAMATION FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States an interest-bearing fund to be known as the
Abandoned Minerals Mine Reclamation Fund. The Fund shall be
administered by the Secretary.
(2) Investment.--The Secretary shall notify the Secretary
of the Treasury as to what portion of the Fund is not, in the
Secretary's judgment, required to meet current withdrawals. The
Secretary of the Treasury shall invest such portion of the Fund
in public debt securities with maturities suitable for the
needs of such Fund and bearing interest at rates determined by
the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketplace obligations of
the United States of comparable maturities. The income on such
investments shall be credited to, and form a part of, the Fund.
(3) Administration.--The Secretary shall use the existing
Federal program for abandoned mine reclamation authorized by
title IV of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1231 et seq.) to administer the Fund and for
making expenditures from the Fund.
(b) Use and Objectives of the Fund.--
(1) In general.--Amounts in the Fund shall be available to
the Secretary, without further appropriation and until
expended, to perform or support reclamation and restoration
activities affecting eligible areas, including any of the
following:
(A) Reclamation and restoration of abandoned
surface mined areas.
(B) Reclamation and restoration of abandoned
milling and processing areas.
(C) Sealing, filling, and grading abandoned deep
mine entries.
(D) Planting of land adversely affected by past
mining to prevent erosion and sedimentation.
(E) Prevention, abatement, treatment, and control
of water pollution created by abandoned mine drainage.
(F) Control of surface subsidence due to abandoned
deep mines.
(2) Methods of use.--Subject to the special disbursement
requirements of subsection (g), amounts in the Fund may be
expended directly by the Secretary or by making grants to
approved State reclamation programs, as described in subsection
(d). The Secretary shall consult and coordinate with eligible
States on those projects funded directly or in conjunction with
other Federal agencies.
(c) Eligible Areas.--Reclamation expenditures under this section
shall be made only in States described in subsection (e) and shall be
used only for the reclamation of lands (and related waters)--
(1) that were, but are no longer, actively mined for
hardrock minerals (and not in temporary shutdown) as of the
date of the enactment of this Act;
(2) that are not identified for remedial action under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and for which
there is no identifiable owner or operator for the mine or mine
facilities;
(3) that are not designated for remedial action pursuant to
the Uranium Mill Tailings Radiation Control Act of 1978 (42
U.S.C. 7901 et seq.); and
(4) for which no evidence exists that the lands contain
minerals that economically could be extracted through the
mining, reprocessing, or remining of the lands.
(d) Eligible States.--
(1) Eligibility requirements.--Except as provided in
paragraph (2), expenditures from the Fund shall be made only
for reclamation of lands and water in States that--
(A) contain lands subject to the general mining
laws; and
(B) have completed a statewide inventory of
abandoned hardrock sites within the State eligible to
receive funding under this Act.
(2) Inventory funding.--A State that contains lands subject
to the general mining laws, but that has not completed a
statewide inventory as described in paragraph (1)(B), may
receive grants not exceeding $2,000,000 annually to assist in
the completion of the required inventory.
(3) Approved state reclamation programs.--In the case of a
State described in paragraph (1), the Secretary may make
expenditures from the Fund to the State for a State reclamation
program that meets the requirements of section 405 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1235) and is applicable to hardrock mining.
(4) States without approved programs.--If a State described
in paragraph (1) does not have an approved State program under
section 405 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1235) that is applicable to hardrock mining,
the Secretary may provide funds to the State after the
Secretary determines that the State has authority to implement
a hardrock abandoned mine land program, and that State
authority, at a minimum, includes the establishment of a State
reclamation plan for abandoned hardrock mines and clear
authorization for the administration and expenditure of funds
for eligible areas described in subsection (c).
(e) Priorities.--Expenditures from the Fund shall reflect the
following priorities, in the following order of priority:
(1) Extreme danger.--Protection of public health, safety,
general welfare, and property from extreme danger of adverse
effects of past mining activity.
(2) Adverse effects.--Protection of public health, safety,
general welfare, and property from the adverse effects of past
mineral activity, including the restoration of land, water, and
fish and wildlife resources degraded by the adverse effects of
past mining activity.
(f) Eligible Remediating Parties.--The Secretary may authorize
expenditures from the Fund for remediation activities conducted by a
Federal agency or by remediating parties who are permittees under the
abandoned or inactive mine land waste remediation permit program, as
provided for in section 402(r) of the Federal Water Pollution Control
Act (33 U.S.C. 1342(r)).
(g) Special Disbursement Requirements.--
(1) Set-aside.--Of the funds collected under section 3 with
regard to a mine for a calendar year and deposited in the
Fund--
(A) 25 percent shall be expended in the eligible
State in which the mine is located, pursuant to an
approved abandoned mine land reclamation program under
subsection (d)(3); and
(B) 50 percent shall be expended in the eligible
States based on each eligible State's percentage of the
value of total national hardrock mineral production
during the years 1900 through 1980, which the Secretary
shall determine using United States Geological Survey
Minerals Yearbooks and published metal prices.
(2) Release.--If funds allocated pursuant to paragraph
(1)(A) have not been expended within three years after
collection, the Secretary shall make such funds available to
other eligible States as determined appropriate by the
Secretary. | Abandoned Hardrock Mines Reclamation Funding Act - Requires any person producing hardrock minerals from a mine within an unpatented mining claim or a mine on land that was patented under the general mining laws to pay a reclamation fee to the Secretary of the Interior.
Requires the fee amount to be equal to a percentage of the net proceeds derived from the mine, with the percentage based upon the ratio of the net proceeds to the gross proceeds related to mineral production in accordance with a specified table. Exempts gross proceeds of less than $500,000 from minerals produced in any calendar year from the fee for that year if such proceeds are from mines located in a single patented claim or on two or more contiguous patented claims.
Requires the Secretary to: (1) deposit amounts received into the Abandoned Minerals Mine Reclamation Fund (established by this Act); and (2) reduce a fee required by this Act by an amount equal to a royalty paid pursuant to an Act of Congress that provides for crediting to the Fund royalties paid to the Secretary regarding hardrock mineral production.
Lists permissible uses of the Fund, including: (1) the reclamation and restoration of abandoned surface mined areas; (2) the planting of land adversely affected by past mining to prevent erosion and sedimentation; (3) the prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage; and (4) the control of surface subsidence due to abandoned deep mines. |
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 ``Put America to Work Act of 2009''.
SEC. 2. GRANTS TO STATES, UNITS OF GENERAL LOCAL GOVERNMENT, AND INDIAN
TRIBES.
(a) Establishment.--Subject to the availability of appropriations
for such purpose, the Secretary of Labor shall make grants to States,
units of general local government, and Indian tribes to carry out
activities in accordance with this Act.
(b) Purpose.--The purpose of this program is to create employment
opportunities for unemployed and underemployed residents of distressed
communities in activities designed to address community needs and
reduce disparities in health, housing, education, job readiness, and
public infrastructure that have impeded these communities from
realizing their full economic potential.
(c) Eligibility.--For purposes of the grant program under this Act,
an eligible entity is--
(1) a unit of general local government, including a
metropolitan city or an urban county;
(2) a State; or
(3) an Indian tribe.
(d) Use of Funds.--A recipient of a grant under this section shall
use the grant for the following purposes:
(1) For the 9-month period after the date of the enactment
of this Act, the grant shall be used only to fund the following
types of fast-track job placements:
(A) The painting and repair of schools, community
centers, and libraries.
(B) The restoration and revitalization of abandoned
and vacant properties to alleviate blight in distressed
and foreclosure-affected areas of a unit of general
local government.
(C) The expansion of emergency food programs to
reduce hunger and promote family stability.
(D) The augmentation of staffing in Head Start,
child care, and other early childhood education
programs to promote school readiness and early
literacy.
(E) The renovation and enhancement of maintenance
of parks, playgrounds, and other public spaces.
(2) During the 9-month period after the date of the
enactment of this Act, the grant recipients shall consult with
community leaders, including labor organizations, non-profit
organizations, local government officials, and local residents
to--
(A) assess the needs of the community served by the
grant recipient;
(B) determine sectors of the local economy that are
in need of employees;
(C) make recommendations for new employment
opportunities in the areas described in paragraph (3);
and
(D) assess the effectiveness of job placements made
under paragraph (1).
(3) Not later than 9 months after the recipient of a grant
begins to use the grant to fund fast-track job placements under
paragraph (1), the recipient shall use the remaining amount of
the grant to make grants to public entities, nonprofit
organizations, public-private partnerships, or small businesses
to create opportunities for employment in the following areas:
(A) Construction, re-construction, rehabilitation,
and site improvements of residences or public
facilities, including improvements in the energy
efficiency or environmental quality of such public
facilities or residences.
(B) Provision of human services, including child
care services, health care services, education, or
recreational programs.
(C) The remediation and demolition of vacant and
abandoned properties to eliminate blight.
(D) Programs that provide disadvantaged youth with
opportunities for employment, education, leadership
development, entrepreneurial skills development, and
training.
(e) Conditions.--As a condition of receiving a grant under this
section, a grant recipient shall--
(1) agree to comply with the nondiscrimination policy set
forth under section 109 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5309);
(2) allocate not less than 80 percent of the funding
allocated to each project funded under the grant to wages,
benefits, and support services, including child care services,
for individuals employed on such project;
(3) ensure that employment on any project funded under the
grant is carried out in accordance with subsection (f);
(4) institute an outreach program with community
organizations and service providers in low-income communities
to provide information about placements funded under the grant
to individuals suited to perform community infrastructure work;
and
(5) ensure that not less than 35 percent of individuals
employed under the grant are individuals descibed in paragraph
(5)(B) of subsection (f).
(f) Employment Described.--Employment funded under this section
shall meet the following specifications:
(1) Any employer that employs an individual whose
employment is funded under the grant shall--
(A) employ such individual for not less than 12
months;
(B) employ such individual for not less than 30
hours per week;
(C) comply with responsible contractor standards,
as determined by the relevant official in the unit of
local general government;
(D) provide compensation to such individual equal
to that which is paid to employees who have been
employed to perform similar work prior to the date such
individual was hired; and
(E) if such employment is in construction, provide
compensation to any laborer or mechanic employed under
the grant at rates not less than those prevailing on
similar construction in the locality as determined by
the Secretary of Labor in accordance with subchapter IV
of chapter 31 of title 40, United States Code.
(2) No individual whose employment is funded under the
grant may work for an employer at which a collective bargaining
agreement is in effect covering the same or similar work,
unless--
(A) the consent of the union at such employer is
obtained; and
(B) negotiations have taken place between such
union and the employer as to the terms and conditions
of such employment.
(3) An individual whose employment is funded under this Act
may not displace other employees whose employment is not funded
under this Act. A grant recipient under this Act may not hire
an employee or employees with funds under this Act for any
employment which the grant recipient would otherwise hire an
employee who has been furloughed.
(4) An individual whose employment is funded under this Act
shall be--
(A) unemployed for not less than 26 weeks prior to
the reciept of the grant, as verified by the State or
local department of labor, department of welfare, or
similar office charged with maintaining records of
unemployment; or
(B) unemployed for not less than 30 days prior to
the reciept of the grant and be a low-income individual
who is a member of a targeted group (as defined by
section 51(d) of the Internal Revenue Code of 1986) as
verified by the State or local department of labor,
department of welfare, or similar office charged with
maintaining records of unemployment.
For purposes of subparagraph (B), the hiring date (as defined
in section 51(d)(11) of such Code) shall be the hiring date by
an employer who receives a grant pursuant to this section.
(g) Award of Grants.--
(1) Selection criteria.--In selecting a project to receive
funding for employing the individuals described in subsection
(f)(5), a grant recipient shall consider--
(A) the input of all participants in a proposed
project, including labor organizations, community
organizations, and employers;
(B) the needs of the community intended to benefit
from such project;
(C) the long-term goals and short term objectives
to address such needs; and
(D) any recommendations for programs and activities
developed to meet such needs.
(2) Priority given to certain projects.--A grant recipient
under this section shall give priority to projects that--
(A) serve areas with the greatest level of economic
need, determined for each such area by--
(i) the unemployment rate;
(ii) the rate of poverty;
(iii) the number of census tracts with
concentrated poverty;
(iv) the lowest median income;
(v) the percentage of vacant and abandoned
properties;
(vi) the percentage of home foreclosures;
and
(vii) the indicators of poor resident
health, including high rates of chronic
disease, infant mortality, and life expectancy;
(B) integrate education and job skills training,
including basic skills instruction and secondary
education services;
(C) coordinate to the maximum extent feasible with
pre-apprenticeship and apprenticeship programs; and
(D) provide jobs in sectors where job growth is
most likely, as determined by the Secretary, and in
which career advancement opportunites exist to maximize
long-term, sustainable employment for individuals after
employment funded under this Act ends.
(h) Allocation of Grants.--
(1) Grants for indian tribes and deposits into
discretionary fund.--Not more than 5percent of the funds
appropriated to carry out this Act for any fiscal year shall be
reserved for grants to Indian tribes and for deposit into a
discretionary fund established by the Secretary for national
demonstration projects and multi-jurisdictional projects.
(2) Grants to states.--Not more than 30 percent of funds
appropriated to carry out this Act for any fiscal year shall be
allocated to States to distribute to units of general local
government that do not qualify for funds under paragraph (3).
(3) Grants to units of general local government.--Grant
funds that are not reserved under paragraphs (1) and (2) shall
be allocated to metropolitan cities and urban counties using
the formula under section 106(b) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306(b)).
(i) Reports.--
(1) Reports by grant recipients.--Not later than 90 days
after the last day of each fiscal year in which assistance
under this section is furnished, a recipient of a grant under
this section shall submit to the Secretary a report containing
the following:
(A) A description of the progress made in
accomplishing the objectives of this chapter.
(B) A summary of the use of the grant during the
preceding fiscal year.
(C) For units of general local government, a
listing of each entity receiving funds and the amount
of such grants, as well as a brief summary of the
projects funded for each such unit, the extent of
financial participation by other public or private
entities, and the impact on employment and economic
activity of such projects during the previous fiscal
year.
(D) For States, a listing of each unit of general
local government receiving funds and the amount of such
grants, as well as a brief summary of the projects
funded for each such unit, the extent of financial
participation by other public or private entities, and
the impact on employment and economic activity of such
projects during the previous fiscal year.
(E) The amount of money received and expended
during the fiscal year.
(F) The number of individuals assisted under the
grant whose household income is low-income, very low-
income, or extremely low-income (as such terms are used
for purposes of the Housing Act of 1937 and the
regulations thereunder (42 U.S.C. 1437 et seq.)).
(G) The amount expended on administrative costs
during the fiscal year.
(2) Report to congress.--At least once every 6 months, the
Secretary shall submit to Congress a report on the use of
grants awarded under this section and any progress in job
creation.
(j) Definitions.--In this section:
(1) The term ``State'' has the meaning given such term in
section 5302(2) of title 42, United States Code.
(2) The term ``unit of general local government'' has the
meaning given such term in section 5302(1) of title 42, United
States Code.
(3) The term ``Indian tribe'' has the meaning given such
term in section 5302(17) of title 42, United States Code.
(4) The term ``small business'' has the meaning given the
term ``small business concern'' under section 3 of the Small
Business Act (15 U.S.C. 632).
(5) The term ``metropolitan city'' has the meaning given
such term in section 5302(4) of title 42, United States Code.
(6) The term ``urban county'' has the meaning given such
term in section 5302(6) of title 42, United States Code.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $40,000,000,000 for each of
fiscal years 2010 and 2011 to carry out this Act. Amounts appropriated
pursuant to this section shall remain available until expended. | Put America to Work Act of 2009 - Directs the Secretary of Labor to make grants to states, local government units, and Indian tribes to create employment opportunities for unemployed and underemployed residents of distressed communities.
Specifies grant uses, including funding of fast-track jobs for: (1) painting and repair of schools, community centers, and libraries; (2) restoration of abandoned and vacant properties; (3) expansion of emergency food programs to reduce hunger; (4) augmentation of staffing in Head Start and other early childhood education programs; and (5) renovation and maintenance of parks, playgrounds, and other public spaces.
Requires grant recipients to use remaining grant funds to make grants to public entities, nonprofit organizations, public-private partnerships, or small businesses to create employment opportunities in: (1) construction, rehabilitation, and improvements in energy efficiency of residences or public facilities; (2) the provision of human services; (3) remediation and demolition of vacant and abandoned properties; and (4) programs that provide opportunities for employment, education, and training for disadvantaged youth. |
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That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2004:
TITLE I--NATIONAL SECURITY
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,571,925,563.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$500,000,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$714,572,724.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,000,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$21,007,164,701.
Operation and Maintenance, Navy
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Navy'',
$1,000,000,000, of which up to $30,000,000 may be transferred to the
Department of Homeland Security for Coast Guard Operations.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,442,038,901.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $2,000,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,370,959,606, of which--
(1) not to exceed $11,609,448 may be used for the CINC
Initiative Fund account, to be used primarily in Iraq and
Afghanistan;
(2) $24,766,822 is only for the Family Advocacy Program;
and
(3) not to exceed $890,057,690, to remain available until
expended, may be used, notwithstanding any other provision of
law, for payments to reimburse Pakistan, Jordan, and other key
cooperating nations, for logistical and military support
provided, or to be provided, to United States military
operations in connection with military action in Iraq and the
global war on terrorism: Provided, That such payments may be
made in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation with
the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation determined
by the Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees on
Appropriations on the use of these funds.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $12,383,411.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $41,020,050.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $165,628,127.
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian, Disaster, and
Civic Aid'', $27,475,694.
Iraq Freedom Fund
For an additional amount for ``Iraq Freedom Fund'', $1,539,103,237.
PROCUREMENT
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $2,078,634,662, to remain available until
September 30, 2006.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,007,922,226, to remain available until September 30, 2006.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$59,097,509, to remain available until September 30, 2006.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$153,104,628, to remain available until September 30, 2006.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$660,890,156, to remain available until September 30, 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$340,648,297, to remain available until September 30, 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $26,314,749.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $30,238,743.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $201,862,762.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$464,377,925.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift Fund'',
$18,575,117, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$509,561,898 for operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $56,499,314: Provided, That these funds may be
used only for such activities related to Afghanistan: Provided further,
That the Secretary of Defense may transfer the funds provided herein
only to appropriations for military personnel; operation and
maintenance; procurement; and research, development, test and
evaluation: Provided further, That the funds transferred shall be
merged with and be available for the same purposes and for the same
time period, as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the Department of
Defense.
TITLE II--GENERAL PROVISIONS
Sec. 201. Except as otherwise expressly provided in this Act,
amounts appropriated in this Act shall remain available until September
30, 2005.
Sec. 202. The amounts provided in this Act are designated by the
Congress as an emergency requirement pursuant to section 502 of H. Con.
Res. 95 (108th Congress).
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Military Operations in Iraq and Afghanistan,
2004''. | Emergency Supplemental Appropriations Act for Military Operations in Iraq and Afghanistan, 2004 - Makes emergency supplemental appropriations for FY 2004 (including the transfer of funds in some cases) for military operations in Iraq and Afghanistan.
Designates such amounts as an emergency requirement under the FY 2004 concurrent budget resolution. |
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SECTION 1. ASSESSMENT OF FEES.
(a) In General.--Section 18(a) of the Indian Gaming Regulatory Act
(25 U.S.C. 2717(a)) is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(2) by striking ``(a)(1)'' and all that follows through the
end of paragraph (3) and inserting the following:
``(a) Annual Fees.--
``(1) Minimum regulatory fees.--In addition to assessing
fees pursuant to a schedule established under paragraph (2),
the Commission shall require each gaming operation that
conducts a class II or class III gaming activity that is
regulated by this Act to pay to the Commission, on a quarterly
basis, a minimum regulatory fee in an amount equal to $250.
``(2) Class ii and class iii gaming fees.--
``(A) Class ii gaming fees.--
``(i) In general.--The Commission shall
establish a schedule of fees to be paid to the
Commission that includes fees for each class II
gaming activity that is regulated by this Act.
``(ii) Rate of fees.--For each gaming
activity covered under the schedule established
under clause (i), the rate of fees imposed
under that schedule shall not exceed 2.5
percent of the gross revenues of that gaming
activity.
``(iii) Amount of fees assessed.--Subject
to paragraph (3), the total amount of fees
imposed during any fiscal year under the
schedule established under clause (i) shall not exceed--
``(I) $5,000,000 for fiscal year
1998;
``(II) $8,000,000 for fiscal year
1999; and
``(III) $10,000,000 for fiscal year
2000, and for each fiscal year
thereafter.
``(B) Class iii gaming fees.--
``(i) In general.--The Commission shall
establish a schedule of fees to be paid to the
Commission that includes fees for each class
III gaming activity that is regulated by this
Act.
``(ii) Rate of fees.--For each gaming
activity covered under the schedule established
under clause (i), the rate of fees imposed
under that schedule shall not exceed 0.5
percent of the gross revenues of that gaming
activity.
``(iii) Amount of fees assessed.--Subject
to paragraph (3), the total amount of fees
imposed during any fiscal year under the
schedule established under clause (i) shall not
exceed--
``(I) $3,000,000 for fiscal year
1998;
``(II) $4,000,000 for fiscal year
1999; and
``(III) $5,000,000 for fiscal year
2000, and for each fiscal year
thereafter.
``(3) Graduated fee limitation.--
``(A) In general.--The aggregate amount of fees
collected under paragraph (2) shall not exceed--
``(i) $8,000,000 for fiscal year 1998;
``(ii) $12,000,000 for fiscal year 1999;
and
``(iii) $15,000,000 for fiscal year 2000,
and for each fiscal year thereafter.
``(B) Factors for consideration.--In assessing and
collecting fees under this section, the Commission
shall take into account the duties of, and services
provided by, the Commission under this Act.
``(4) Special fund.--The Secretary of the Treasury shall
establish a special fund into which the Secretary of the
Treasury shall deposit amounts equal to the fees paid under
this subsection. The amounts deposited into the special fund
shall be used only to fund the activities of the Commission
under this Act.'';
(3) in paragraph (5), as redesignated by paragraph (1) of
this section, by striking ``(5) Failure'' and inserting the
following:
``(5) Consequences of failure to pay fees.--Failure'';
(4) in paragraph (6), as redesignated by paragraph (1) of
this section, by striking ``(6) To the extent'' and inserting
the following:
``(6) Credit.--To the extent''; and
(5) in paragraph (7), as redesignated by paragraph (1) of
this section, by striking ``(7) For purposes of this section,''
and inserting the following:
``(7) Gross revenues.--For purposes of this section,''.
(b) Budget of Commission.--Section 18(b) of the Indian Gaming
Regulatory Act (25 U.S.C. 2717(b)) is amended--
(1) by striking ``(b)(1) The Commission'' and inserting the
following:
``(b) Requests for Appropriations.--
``(1) In general.--The Commission'';
(2) by striking paragraph (2) and inserting the following:
``(2) Contents of budget.--For fiscal year 1998, and for
each fiscal year thereafter, the budget of the Commission may
include a request for appropriations, as authorized by section
19, in an amount equal to the sum of--
``(A)(i) for fiscal year 1998, an estimate
(determined by the Commission) of the amount of funds
to be derived from the fees collected under subsection
(a) for that fiscal year; or
``(ii) for each fiscal year thereafter, the amount
of funds derived from the fees collected under
subsection (a) for the fiscal year preceding the fiscal
year for which the appropriation request is made; and
``(B) $1,000,000.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 19 of the Indian Gaming Regulatory Act (25 U.S.C. 2718) is
amended to read as follows:
``SEC. 19. AUTHORIZATION OF APPROPRIATIONS.
``Subject to section 18, for fiscal year 1998, and for each fiscal
year thereafter, there are authorized to be appropriated to the
Commission an amount equal to the sum of--
``(1)(A) for fiscal year 1998, an estimate (determined by
the Commission) of the amount of funds to be derived from the
fees collected under subsection (a); or
``(B) for each fiscal year thereafter, the amount of funds
derived from the fees collected under subsection (a) for the
fiscal year preceding the fiscal year; and
``(2) $1,000,000.''. | Amends the Indian Gaming Regulatory Act to repeal specified funding provisions for the National Indian Gaming Commission. Replaces them with provisions directing the Commission to: (1) require each gaming operation that conducts class II or class III gaming activity that is regulated by the Act to pay to the Commission, on a quarterly basis, a minimum regulatory fee of $250; and (2) establish a schedule of fees to be paid to the Commission that includes fees for each class II and class III gaming activity that is regulated by the Act. Limits: (1) the rate of fees imposed for each class II and class III gaming activity covered under that schedule that is regulated by the Act; and (2) the total amount of fees imposed during any fiscal year under the schedule established.
Prohibits aggregate fee amounts collected from exceeding specified limitations. Directs the Secretary of the Treasury to establish a special fund into which amounts equal to the fees paid shall be deposited to be used to fund the Commission's activities.
Revises: (1) Commission budget content requirements; and (2) authorization of appropriations provisions. |
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SECTION 1. FINDINGS.
The Congress finds that--
(1) customary international law and the United Nations
Convention on the Law of the Sea guarantee the right of
passage, including innocent passage, to vessels through the
waters commonly referred to as the ``Inside Passage'' off the
Pacific Coast of Canada;
(2) Canada has recently announced that it will require all
commercial fishing vessels of the United States to pay 1,500
Canadian dollars to obtain a ``license which authorizes
transit'' through the Inside Passage off the Pacific Coast of
Canada;
(3) this action is inconsistent with international law,
including the United Nations Convention on the Law of the Sea,
and in particular Article 26 of that Convention, which
specifically prohibits such fees, and threatens the safety of
United States commercial fishermen who may seek to avoid the
fee by traveling in less protected waters;
(4) the Fishermen's Protective Act of 1967 provides for the
reimbursement of vessel owners who are forced to pay a license
fee to secure the release of a vessel which has been seized,
but does not permit reimbursement of a fee paid by the owner in
advance in order to prevent a seizure;
(5) Canada has announced that the license fee may only be
paid in two ports on the Pacific Coast of Canada, and must be
paid in person or in advance by mail;
(6) significant expense and delay would be incurred by a
commercial fishing vessel of the United States that had to
travel from the point of seizure back to one of those ports in
order to pay the license fee required by Canada, and the costs
of that travel and delay cannot be reimbursed under the
Fishermen's Protective Act as presently enacted;
(7) the Fishermen's Protective Act of 1967 should be
amended to permit vessel owners to be reimbursed for fees
required by a foreign government to be paid in advance in order
to navigate in the waters of that foreign country, provided the
United States considers that fee to be inconsistent with
international law;
(8) the Secretary of State should seek to recover from
Canada any amounts paid by the United States to reimburse
vessel owners who paid the transit license fee;
(9) the United States should review its current policy with
respect to anchorage by commercial fishing vessels of Canada in
waters of the United States off Alaska, including waters in and
near the Dixon Entrance, and should accord such vessels the
same treatment that commercial fishing vessels of the United
States are accorded for anchorage in the waters of Canada off
British Columbia;
(10) the President should ensure that, consistent with
international law, the United States Coast Guard has available
adequate resources in the Pacific Northwest and Alaska to
provide for the safety of United States citizens, the
enforcement of United States law, and to protect the rights of
the United States and keep the peace among vessels operating in
disputed waters;
(11) the President should continue to review all agreements
between the United States and Canada to identify other actions
that may be taken to convince Canada that continuation of the
transit license fee would be against Canada's long-term
interests, and should immediately implement any actions which
the President deems appropriate until Canada rescinds the fee;
(12) the President should immediately convey to Canada in
the strongest terms that the United States will not now, nor at
any time in the future, tolerate any action by Canada which
would impede or otherwise restrict the right of passage of
vessels of the United States vessels in a manner inconsistent
with international law; and
(13) the United States should redouble its efforts to seek
expeditious agreement with Canada on appropriate fishery
conservation and management measures that can be implemented
through the Pacific Salmon Treaty to address issues of mutual
concern.
SEC. 2. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT.
The Fishermen's Protective Act of 1967 (P.L. 90-482), as amended,
is further amended by adding at the end the following new section:
``Sec. 11. (a) In any case on or after June 15, 1994, in which a
vessel of the United States exercising its right of passage is charged
a fee by the government of a foreign country to engage in transit
passage between points in the United States (including a point in the
exclusive economic zone or in an area over which jurisdiction is in
dispute), and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State shall
reimburse the vessel owner for the amount of any such fee paid under
protest.
``(b) In seeking such reimbursement, the vessel owner shall
provide, together with such other information as the Secretary of State
may require--
``(1) a copy of the receipt for payment;
``(2) an affidavit attesting that the owner or the owner's
agent paid the fee under protest; and
``(3) a copy of the vessel's certificate of documentation.
``(c) Requests for reimbursement shall be made to the Secretary of
State within 120 days of the date of payment of the fee, or within 90
days of the date of enactment of this section, whichever is later.
``(d) Such funds as may be necessary to meet the requirements of
this section may be made available from the unobligated balances of
previously appropriated funds remaining in the Fishermen's Guaranty
Fund established under section 7 and the Fishermen's Protective Fund
established under section 9. To the extent that requests for
reimbursement under this section exceed such funds, there are
authorized to be appropriated such sums as may be needed for
reimbursements authorized under subsection (a).
``(e) The Secretary of State shall take such action as the
Secretary deems appropriate to make and collect claims against the
foreign country imposing such fee for any amounts reimbursed under this
section.
``(f) For purposes of this section, the term `owner' includes any
charterer of a vessel of the United States.
``(g) The provisions of this section shall remain in effect until
October 1, 1995.''.
SEC. 3. REAUTHORIZATION.
(a) Section 7(c) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(c)) is amended by striking ``The amount fixed by the
Secretary shall be predicated upon at least 33\1/3\ per centum of the
contribution by the Government.''.
(b) Section 7(e) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(e)) is amended by striking ``October 1, 1993'' and
inserting in lieu thereof ``October 1, 2000''.
SEC. 4. TECHNICAL CORRECTION.
(a) Section 15(a) of Public Law 103-238 is amended by striking
``April 1, 1994,'' and inserting ``May 1, 1994.''.
(b) The amendment made by subsection (a) shall be effective on and
after April 30, 1994.
Passed the Senate July 1 (legislative day, June 7), 1994.
Attest:
Secretary. | Amends the Fisherman's Protective Act of 1967 to direct the Secretary of State, until a specified date, to reimburse vessel owners for fees paid to a foreign government to engage in transit passage between points in the United States if such a fee is regarded by the United States as being inconsistent with international law. Authorizes use of unobligated balances of the Fishermen's Guaranty Fund and the Fishermen's Protective Fund and, if those are insufficient, authorizes appropriations.
Repeals the statutory formula used to fix the related fees collected by the Secretary of State.
Extends the Act's effective date from October 1, 1993, to October 1, 2000. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Investment Protection for
Customers Reform Act of 2009''.
SEC. 2. INCREASING SECURITIES INVESTOR PROTECTION CORPORATION CASH
COVERAGE.
(a) Increasing the Cash Limit of Protection From $100,000 to
$250,000.--Section 9 of the Securities Investor Protection Act (15
U.S.C. 78fff-3) is amended--
(1) in subsection (a)(1), by striking ``$100,000 for each
such customer'' and inserting ``the standard maximum cash
advance amount for each such customer, as determined in
accordance with subsection (d)''; and
(2) by adding at the end the following new subsections:
``(d) Standard Maximum Cash Advance Amount.--For purposes of this
Act, the term `standard maximum cash advance amount' means $250,000,
adjusted as provided under subsection (e) after March 31, 2010.
``(e) Inflation Adjustment.--
``(1) In general.--Not later than April 1, 2010, and the
first day of each 5-year period thereafter, and subject to the
approval of the Commission, the Board of Directors of SIPC
shall consider the factors set forth under paragraph (5), and,
upon determining that an inflation adjustment is appropriate,
shall prescribe the amount by which the standard maximum cash
advance amount applicable to a customer claim shall be
increased by calculating the product of--
``(A) $250,000; and
``(B) the ratio of the annual value of the Personal
Consumption Expenditures Chain-Type Price Index (or any
successor index thereto), published by the Department
of Commerce, for the calendar year preceding the year
in which the adjustment is calculated under this
paragraph, to the published annual value of such index
for the calendar year preceding the date this
subparagraph takes effect. The values used in such
calculation shall be the applicable values most
recently published by the Department of Commerce.
``(2) Rounding.--If the amount determined under paragraph
(1) for any period is not a multiple of $10,000, the amount so
determined shall be rounded down to the nearest $10,000.
``(3) Publication and report to congress.--Not later than
April 5 of any calendar year in which an adjustment is required
to be calculated under paragraph (1) to the standard maximum
cash advance amount--
``(A) the Commission shall publish in the Federal
Register the standard maximum cash advance amount, as
so calculated; and
``(B) the Board of Directors of SIPC shall submit a
report to the Congress containing the amount described
in subparagraph (A).
``(4) 6-month implementation period.--Any increase in the
standard maximum cash advance amount shall take effect on
January 1 of the year immediately succeeding the calendar year
in which such increase is made.
``(5) Inflation adjustment consideration.--In making any
determination under paragraph (1) to increase the standard
maximum cash advance amount, the Board of Directors of SIPC
shall consider, among other factors--
``(A) the overall state of the fund;
``(B) the economic conditions affecting members of
SIPC; and
``(C) potential problems affecting members of
SIPC.''.
(b) Increasing SIPC Line of Credit With the Department of
Treasury.--Section 4(h) of the Securities Investor Protection Act (15
U.S.C. 78ddd(h)) is amended by striking out ``$1,000,000,000'' and
inserting ``the lesser of $2,500,000,000 or the target amount of the
SIPC Fund specified in the bylaws of SIPC''.
SEC. 3. AMENDMENTS TO THE SECURITIES INVESTOR PROTECTION ACT.
(a) Increasing the Minimum Assessment Paid by SIPC Members.--
Section 4(d)(1)(C) of the Securities Investor Protection Act (15 U.S.C.
78ddd(d)(1)(C)) is amended by striking ``$150'' and inserting
``$1,000''.
(b) SIPC as Trustee in SIPA Liquidation Proceedings.--Section
5(b)(3) of the Securities Investor Protection Act (15 U.S.C.
78eee(b)(3)) is amended--
(1) by striking ``SIPC has determined that the liabilities
of the debtor to unsecured general creditors and to
subordinated lenders appear to aggregate less than $750,000 and
that''; and
(2) by striking ``five hundred'' and inserting ``5,000''.
(c) Insiders Ineligible for SIPC Advance.--
(1) In general.--Section 9(a)(4) of the Securities Investor
Protection Act (15 U.S.C. 78fff-3(a)(4)) is amended by
inserting ``an insider,'' after ``or net profits of the
debtor,''.
(2) Insider defined.--Section 16 of the Securities Investor
Protection Act (15 U.S.C. 78lll) is amended by adding at the
end the following new paragraph:
``(15) Insider.--The term `insider' shall have the same
meaning as in section 101(31) of title 11, United States
Code.''.
(d) Eligibility for Direct Payment Procedure.--Section 10(a)(4) of
the Securities Investor Protection Act (15 U.S.C. 78fff-4(a)(4)) is
amended by striking out ``$250,000'' and inserting ``$850,000''.
(e) Increasing the Fine for Prohibited Acts Under SIPA.--Section
14(c) of the Securities Investor Protection Act (15 U.S.C. 78jjj(c)) is
amended by striking ``$50,000'' each place it appears and inserting
``$250,000''.
(f) Penalty for Misrepresentation of SIPC Membership or
Protection.--Section 14 of the Securities Investor Protection Act (15
U.S.C. 78jjj) is amended by inserting at the end the following new
subsection:
``(d) Misrepresentation of SIPC Membership or Protection.--
``(1) Any person who falsely represents by any means
(including through the Internet or any other medium of mass
communication), with actual knowledge of the falsity of the
representation and with an intent to deceive or cause injury to
another, that such person, or another person, is a member of
SIPC or that any person or account is protected or is eligible
for protection by SIPC, shall be--
``(A) civilly liable for any damages caused
thereby; and
``(B) fined not more than $250,000 or imprisoned
for not more than 5 years.
``(2) Any Internet service provider who, on or through a
system or network controlled or operated by the service
provider, transmits, routes, provides connection for, or stores
any material containing any misrepresentation described in
paragraph (1) shall be civilly liable for any damages caused by
such misrepresentation, including damages suffered by SIPC, if
such Internet service provider--
``(A) has actual knowledge that the material
contains a misrepresentation described in paragraph
(1), or
``(B) in the absence of actual knowledge, is aware
of facts or circumstances from which it is apparent
that such material contains a misrepresentation
described in paragraph (1), and
upon obtaining such knowledge or awareness, fails to act
expeditiously to remove, or disable access to, such material.
``(3) Any court having jurisdiction of a civil action
arising under this Act may grant temporary and final
injunctions on such terms as it deems reasonable to prevent or
restrain any violation of paragraph (1) or (2). Any such
injunction may be served anywhere in the United States on the
person enjoined, shall be operative throughout the United
States, and shall be enforceable, by proceedings in contempt or
otherwise, by any United States court having jurisdiction over
that person. The clerk of the court granting the injunction
shall, when requested by any other court in which enforcement
of the injunction is sought, transmit promptly to the other
court a certified copy of all papers in the case on file in
such clerk's office.''.
SEC. 4. COMMISSION STUDY ON INTERNATIONAL FINANCIAL COOPERATION.
(a) Sense of Congress Regarding Necessity of an International
Effort To Investigate and Thwart Global Investment Fraud.--It is the
sense of Congress that--
(1) international commerce and global investment have grown
exponentially since World War II, creating a marketplace
without borders;
(2) investors of all sizes deserve assurances that their
financial assets are protected from theft, and their
transactions are legitimate and accounted for; and
(3) the case against Bernard L. Madoff Investment
Securities, Inc. represents one of the worst and most
devastating instances of financial fraud and deception in this
Nation's history, resulting in untold billions of dollars in
missing assets and affecting thousands of investors in this
Nation and around the globe.
(b) Federal Commission on International Financial Fraud.--
(1) Establishment.--There is hereby established within the
Office of Inspector General of the Securities and Exchange
Commission a Commission on International Financial Fraud
(hereinafter in this subsection referred to as the
``Commission'').
(2) Membership.--The Commission shall be composed of the
following members:
(A) The Chairman of the Board of Directors of the
Securities Investor Protection Corporation.
(B) The Chairman of the Securities Exchange
Commission.
(C) The Secretary of the Treasury.
(D) The Chairman of the Board of Governors of the
Federal Reserve System.
(E) The Secretary of State.
(F) The Director of the Federal Bureau of
Investigation.
(G) One or more additional individuals, at the
discretion of the Inspector General of the Securities
and Exchange Commission, where each such individual is
the heads of a State, local, private, or not-for-profit
entity demonstrating research and academic expertise on
issues pertaining to international investment and
financial fraud.
(3) Duties.--The Commission shall--
(A) study potential relevance, structure, and long-
term benefit of--
(i) an international financial court; and
(ii) establishing an international process
for the adjudication of cases of financial
fraud;
(B) establish partnerships with State, local,
private, and not-for-profit entities demonstrating
research and academic expertise on issues pertaining to
international investment and financial fraud;
(C) subject to the approval of the Inspector
General of the Securities and Exchange Commission,
facilitate communication and information sharing with
international public, private, and not-for-private
entities relating to--
(i) the creation of an international
financial court; and
(ii) establishing an international process
for the adjudication of cases of financial
fraud; and
(D) study investigative and insurance protection
frameworks for international United States investments.
(4) Reports.--Not later than 3 months after the date of the
enactment of this Act, and quarterly thereafter, the Commission
shall issue a report to the Congress containing--
(A) the Commission's recommendations on how an
international financial court could be structured;
(B) the Commission's recommendation on how a
process for the international adjudication of claims of
financial fraud could be structured; and
(C) any additional recommendations of the
Commission.
(5) Termination.--The Commission shall terminate on the
date that is 1 year after the date of the enactment of this
Act.
(6) Funding.--The cost of funding the Commission shall be
divided equally among each Federal agency or department which
is represented by a Member of the Commission. Notwithstanding
the previous sentence, any State, local, private, or not-for-
profit entity that chooses to may also contribute funds to pay
for the cost of funding the Commission. | Support Investment Protection for Customers Reform Act of 2009 - Amends the Securities Investor Protection Act to increase from $100,000 to $250,000 (with inflation adjustments) the amount of an investor's net equity claim for cash that the Securities Investor Protection Corporation (SIPC) (a nonprofit, nongovernment, membership corporation funded by its broker-dealer members) insures in the event the investor's broker-dealer becomes insolvent.
Increases the federal line of credit available to the SIPC.
Increases from $150 to $1,000 the minimum annual assessment paid by SIPC members.
Allows the SIPC to appoint itself or one of its employees as trustee, without regard to the amount of liabilities to unsecured general creditors and to subordinated lenders involved, if there appear to be fewer than 5,000 (currently 500) customers of a broker-dealer member facing liquidation.
Prohibits SIPC advances to the insiders of failed or failing broker-dealers.
Raises the aggregate customer claim limit on the SIPC's authority to use the direct payment procedure rather than instituting a liquidation proceeding with regard to failed or failing members.
Increases the maximum fine imposed on SIPC members that engage in certain prohibited acts.
Establishes civil liability and criminal penalties for misrepresentations of SIPC membership or protection.
Creates, within the Office of Inspector General of the Securities and Exchange Commission (SEC), a Commission on International Financial Fraud to study the potential structure of, and benefits of establishing, an international financial court and process for the adjudication of financial fraud cases. |
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 ``Endangered Species Act Amendments of
2000''.
SEC. 2. CLARIFICATION OF TAKE DEFINITION.
Section 3(19) of the Endangered Species Act of 1973 (16 U.S.C.
1532(19)) is amended to read as follows:
``(19)(A) The term `take' means to harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in that conduct.
``(B) In subparagraph (A), the term `harm' means an action
that proximately and foreseeably kills or physically injures an
identifiable member of an endangered species.''.
SEC. 3. ENSURING PUBLIC SAFETY, EXEMPTING THE WOODROW WILSON BRIDGE,
AND TARGETING REGULATORY AUTHORITY.
Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)) is amended by adding at the end the following:
``(5) Actions exempt from consultation and conferencing.--
Consultation and conferencing under paragraphs (2) and (4) is
not required for any agency action that--
``(A) is consistent with an incidental taking
permit issued under section 10(a)(1)(B);
``(B) addresses a critical, imminent threat to
public health or safety or a catastrophic natural event
or compliance with Federal, State, or local safety or
public health requirements;
``(C) consists of routine operation, maintenance,
rehabilitation, repair, or replacement to a Federal or
non-Federal project or facility, including--
``(i) the Woodrow Wilson Bridge project in
Maryland and Virginia; and
``(ii) operation of a project or facility
in accordance with a previously issued Federal
license, permit, or other authorization; or
``(D) permits activities that occur on private
land.
``(6) Actions not prohibited.--An agency action shall not
constitute a taking of a species prohibited by this Act or any
regulation issued under this Act if the action is consistent
with--
``(A) an incidental taking permit issued under
section 10(b)(1)(A); or
``(B) the terms and conditions specified in a
written statement provided under subsection (b)(3) of
this section.''.
SEC. 4. STANDARDS FOR RENDERING TAXONOMIC DETERMINATIONS OF SPECIES AND
SUBSPECIES.
Section 4(b)(1) (15 U.S.C. 1533(b)(1)) is amended by adding at the
end the following:
``(C) Within 18 months after the date of the enactment of the
Endangered Species Act Amendments of 2000, the Secretary shall
promulgate scientifically valid standards for rendering taxonomic
determinations of species and subspecies. The standards shall provide
that to be eligible for determination as a subspecies under this Act, a
subspecies must be reproductively isolated from other subspecific
population units and must constitute a distinct component in the
genetic makeup of the species.''.
SEC. 5. COMPENSATION FOR FEDERAL TAKINGS OF PRIVATE PROPERTY.
(a) In General.--Section 13 of the Endangered Species Act of 1973
(87 Stat. 902) is amended to read as follows:
``right to compensation
``Sec. 13. (a) Prohibition.--No agency may take an action under
this Act affecting privately owned property that results in the
diminishment of the value of any portion of that property by an amount
equal to or greater than 25 percent of the value of that portion unless
compensation is offered in accordance with this section.
``(b) Compensation for Diminishment.--Any agency that takes an
action referred to in subsection (a)--
``(1) shall compensate the property owner for the
diminution in value of any portion of that property resulting
from the action; or
``(2) at the option of the owner, shall buy that portion of
the property by paying the fair market value of the portion,
determined based on the value of the property before the
diminution and without regard to the presence on the property
of a species listed under section 4(c), or the use of the
property by such a species.
``(c) Request of Owner.--A property owner seeking compensation
under this section shall make a written request for compensation to the
agency whose action would limit the otherwise lawful use of property.
The request shall, at a minimum, identify the affected portion of the
property, the nature of the diminution, and the amount of compensation
claimed.
``(d) Choice of Remedies.--If the parties have not reached an
agreement on compensation within 180 days after the written request is
made, the owner may elect binding arbitration through alternative
dispute resolution or seek compensation due under this section in a
civil action. The parties may by mutual agreement extend the period of
negotiation on compensation beyond the 180-day period without loss of
remedy to the owner under this section. In the event the extension
period lapses the owner may elect binding arbitration through
alternative dispute resolution or seek compensation due under this
section in a civil action.
``(e) Alternative Dispute Resolution.--
``(1) In general.--In the administration of this section--
``(A) arbitration procedures shall be in accordance
with the alternative dispute resolution procedures
established by the American Arbitration Association;
and
``(B) in no event shall arbitration be a condition
precedent or an administrative procedure to be
exhausted before the filing of a civil action under
this section.
``(2) Review of arbitration.--
``(A) Appeal of decision.--Appeal from arbitration
decisions shall be to the United States District Court
for the district in which the property is located or
the United States Court of Federal Claims in the manner
prescribed by law for the claim under this section.
``(B) Rules of enforcement of award.--The
provisions of title 9, United States Code (relating to
arbitration), shall apply to enforcement of awards
rendered under this section.
``(f) Civil Action.--An owner who prevails in a civil action
against any agency pursuant to this section shall be entitled to, and
such agency shall be liable for, just compensation, plus reasonable
attorney's fees and other litigation costs, including appraisal fees.
``(g) Source of Payments.--Any payment made under this section
shall be paid from the responsible agency's annual appropriation
supporting the agency's activities giving rise to the claim for
compensation. If insufficient funds are available to the agency in the
fiscal year in which the award becomes final the agency shall pay the
award from appropriations available in the next fiscal year.
``(h) Definitions.--For the purposes of this section--
``(1) the term `agency' has the meaning given that term in
section 551 of title 5, United States Code;
``(2) the term `agency action' means any action or decision
taken by any agency that at the time of such action or decision
adversely affects private property rights;
``(3) the term `fair market value' means the likely price
at which property would change hands, in a competitive and open
market under all conditions requisite to fair sale, between a
willing buyer and willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge
of relevant facts, prior to occurrence of the agency action;
``(4) the term `just compensation'--
``(A) means compensation equal to the full extent
of a property owner's loss, including the fair market
value of the private property taken, whether the taking
is by physical occupation or through regulation,
exaction, or other means; and
``(B) shall include compounded interest calculated
from the date of the taking until the date the United
States tenders payment;
``(5) the term `owner' means the owner or possessor of
property or rights in property at the time the taking occurs,
including when--
``(A) the statute, regulation, rule, order,
guideline, policy, or action is passed or promulgated;
or
``(B) the permit, license, authorization, or
governmental permission is denied or suspended;
``(6) the term `property' means land, an interest in land,
proprietary water rights, and any personal property that is
subject to use by the Federal Government or to a restriction on
use;
``(7) the term `private property' or `property' means all
interests constituting real property, as defined by Federal or
State law, protected under the fifth amendment to the United
States Constitution, any applicable Federal or State law, or
this section, and more specifically constituting--
``(A) real property, whether vested or unvested,
including--
``(i) estates in fee, life estates, estates
for years, or otherwise;
``(ii) inchoate interests in real property
such as remainders and future interests;
``(iii) personalty that is affixed to or
appurtenant to real property;
``(iv) easements;
``(v) leaseholds;
``(vi) recorded liens; and
``(vii) contracts or other security
interests in, or related to, real property;
``(B) the right to use water or the right to
receive water, including any recorded liens on such
water right; or
``(C) rents, issues, and profits of land, including
minerals, timber, fodder, crops, oil and gas, coal, or
geothermal energy.''.
(b) Conforming Amendment.--The table of contents at the end of the
first section is amended by striking the item relating to section 13
and inserting the following:
``Sec. 13. Right to compensation.''. | Directs the Secretary to promulgate standards for rendering taxonomic determinations of species and subspecies.
Sets forth provisions for the compensation of Federal actions taken resulting in the diminishment of the value of private property. |
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 ``Foreign Manufacturers Legal
Accountability Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable agency.--The term ``applicable agency''
means, with respect to covered products--
(A) described in subparagraphs (A) and (B) of
paragraph (3), the Food and Drug Administration;
(B) described in paragraph (3)(C), the Consumer
Product Safety Commission;
(C) described in subparagraphs (D) and (E) of
paragraph (3), the Environmental Protection Agency;
(D) described in paragraph (3)(F), the National
Highway Traffic Safety Administration; and
(E) described in paragraph (3)(G)--
(i) the Food and Drug Administration, if
the item is intended to be a component part of
a product described in subparagraphs (A) or (B)
of paragraph (3);
(ii) the Consumer Product Safety
Commission, if the item is intended to be a
component part of a product described in
paragraph (3)(C);
(iii) the Environmental Protection Agency,
if the item is intended to be a component part
of a product described in subparagraphs (D) or
(E) of paragraph (3); and
(iv) the National Highway Traffic Safety
Administration, if the item is intended to be a
component part of a product described in
paragraph (3)(F).
(2) Commerce.--The term ``commerce'' means trade, traffic,
commerce, or transportation--
(A) between a place in a State and any place
outside thereof; or
(B) which affects trade, traffic, commerce, or
transportation described in subparagraph (A).
(3) Covered product.--The term ``covered product'' means
any of the following:
(A) Drugs, devices, and cosmetics, as such terms
are defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(B) A biological product, as such term is defined
in section 351(i) of the Public Health Service Act (42
U.S.C. 262(i)).
(C) A consumer product, as such term is used in
section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052).
(D) A chemical substance or new chemical substance,
as such terms are defined in section 3 of the Toxic
Substances Control Act (15 U.S.C. 2602).
(E) A pesticide, as such term is defined in section
2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
(F) A motor vehicle or motor vehicle equipment, as
such terms are defined in section 30102 of title 49,
United States Code.
(G) An item intended to be a component part of a
product described in subparagraph (A), (B), (C), (D),
(E), or (F) but is not yet a component part of such
product.
(4) Distribute in commerce.--The term ``distribute in
commerce'' means to sell in commerce, to introduce or deliver
for introduction into commerce, or to hold for sale or
distribution after introduction into commerce.
(5) Foreign manufacturer or producer.--The term ``foreign
manufacturer or producer'' does not include--
(A) a foreign manufacturer or producer of covered
products that is owned or controlled, directly or
indirectly, by one or more United States natural or
legal persons, if--
(i) the United States natural or legal
person has assets in excess of the foreign
manufacturer or producer; or
(ii) the United States natural or legal
person owns or controls more than one foreign
manufacturer or producer of covered products
and such person has assets in excess of the
average assets held by each foreign
manufacturer or producer; or
(B) a foreign manufacturer or producer of covered
products that owns or controls, or through common
ownership or control is affiliated with, directly or
indirectly, one or more United States operating legal
persons if the principal executive officer residing in
the United States of each United States operating legal
person certifies in writing to the applicable agency
that such person--
(i) is responsible for any liability from a
covered product of the foreign manufacturer or
producer, including liability from the design,
testing, assembly, manufacturing, warnings,
labeling, inspection, packaging, or any other
cause of action related to the covered product;
and
(ii) will serve as the initial point of
contact for the applicable agency in case of a
voluntary or mandatory recall or other issue
involving the safety of a covered product.
SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO
ACCEPT SERVICE OF PROCESS IN THE UNITED STATES.
(a) Registration.--
(1) In general.--Beginning on the date that is 180 days
after the date on which the regulations are prescribed pursuant
to section 3(d) and except as provided in this subsection, the
head of each applicable agency shall require foreign
manufacturers and producers of covered products distributed in
commerce to register an agent in the United States who is
authorized to accept service of process on behalf of such
manufacturer or producer for the purpose of any State or
Federal regulatory proceeding or any civil action in State or
Federal court related to such covered product, if such service
is made in accordance with the State or Federal rules for
service of process in the State in which the case or regulatory
action is brought.
(2) Location.--The head of each applicable agency shall
require that an agent of a foreign manufacturer or producer
registered under paragraph (1) be--
(A) located in a State chosen by the foreign
manufacturer or producer with a substantial connection
to the importation, distribution, or sale of the
products of the foreign manufacturer or producer; and
(B) an individual, domestic firm, or domestic
corporation that is a permanent resident of the United
States.
(3) Designation by manufacturer or producer and acceptance
by agent.--The head of each applicable agency shall, at a
minimum, require a--
(A) written designation by a foreign manufacturer
or producer with respect to which paragraph (1)
applies--
(i) signed by an official or employee of
the foreign manufacturer or producer with
authority to appoint an agent;
(ii) containing the full legal name,
principal place of business, and mailing
address of the manufacturer or producer; and
(iii) containing a statement that the
designation is valid and binding on the foreign
manufacturer or producer for the purposes of
this Act.
(B) written acceptance by the agent registered by a
foreign manufacturer or producer with respect to which
paragraph (1) applies--
(i) signed by the agent or, in the case in
which a domestic firm or domestic corporation
is designated as an agent, an official or
employee of the firm or corporation with
authority to sign for the firm or corporation;
(ii) containing the agent's full legal
name, physical address, mailing address, and
phone number; and
(iii) containing a statement that the agent
accepts the designation and acknowledges that
the duties of the agent may not be assigned to
another person or entity and the duties remain
in effect until withdrawn or replaced by the
foreign manufacturer or producer.
(4) Applicability.--
(A) In general.--Paragraph (1) applies only with
respect to a foreign manufacturer or producer that
exceeds minimum requirements established by the head of
the applicable agency under this section.
(B) Factors.--In determining the minimum
requirements for application of paragraph (1) to a
foreign manufacturer or producer, the head of the
applicable agency shall, at a minimum, consider the
following:
(i) The value of all covered products
imported from the manufacturer or producer in a
calendar year.
(ii) The quantity of all covered products
imported from the manufacturer or producer in a
calendar year.
(iii) The frequency of importation from the
manufacturer or producer in a calendar year.
(b) Registry of Agents of Foreign Manufacturers and
Certifications.--
(1) In general.--The Secretary of Commerce shall, in
cooperation with each head of an applicable agency, establish
and keep up to date a registry of agents registered under
subsection (a), certifications submitted under section 2(5)(B),
and certifications removed pursuant to subsection (e).
(2) Availability.--The Secretary of Commerce shall make the
registry established under paragraph (1) available--
(A) to the public in a searchable format through
the Internet website of the Department of Commerce; and
(B) to the Commissioner responsible for U.S.
Customs and Border Protection in a format prescribed by
the Commissioner.
(c) Consent to Jurisdiction.--
(1) In general.--A foreign manufacturer or producer of a
covered product that registers an agent under this section
thereby consents to the personal jurisdiction of the State and
Federal courts of the State in which the registered agent is
located for the purpose of any judicial proceeding related to
such covered product.
(2) Rule of construction.--Paragraph (1) shall not apply to
actions brought by foreign plaintiffs where the alleged injury
or damage occurred outside the United States.
(d) Regulations.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Commerce, the
Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
prescribe regulations to carry out this section.
(2) Interagency cooperation.--The Secretary of Commerce,
the Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
cooperate and consult with one another for the purpose of--
(A) prescribing consistent regulations to the
extent necessary for the effective and efficient
sharing of information and establishment of systems and
procedures necessary to carry out this section; and
(B) establishing minimum requirements described in
subsection (a)(4), and to the extent advisable and
practicable for the purpose of establishing consistent
minimum requirements.
(e) Certification Requirements.--Upon actual knowledge or verified
information that any person to whom the requirements of section 2(5)(B)
applies has failed to fulfill such requirements the applicable agency
shall--
(1) notify the Secretary of Commerce that the certification
of such person must be removed from the registry under section
3(b); and
(2) notify such person that the related foreign
manufacturer or producer must comply with section 3.
SEC. 4. PROHIBITION OF IMPORTATION OF PRODUCTS OF MANUFACTURERS WITHOUT
REGISTERED AGENTS IN UNITED STATES.
(a) In General.--Beginning on the date that is 180 days after the
date the regulations required under section 3(d) are prescribed, a
person may not import into the United States a covered product (or
component part that will be used in the United States to manufacture a
covered product) if such product (or component part) or any part of
such product (or component part) was manufactured or produced outside
the United States by a manufacturer or producer who does not have a
registered agent described in section 3(a) whose authority is in effect
on the date of the importation.
(b) Enforcement.--The Secretary of Homeland Security shall
prescribe regulations to enforce the prohibition in subsection (a).
SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS IN FOREIGN COUNTRIES.
(a) Determination by Manufacturer or Producer.--Not later than 5
working days after determining to conduct a safety recall or other
safety campaign in a foreign country of a covered product that is
identical or substantially similar to a covered product offered for
sale in the United States, the manufacturer or producer of the covered
product shall report the determination to the head of the applicable
agency.
(b) Determination by Foreign Government.--Not later than 5 working
days after receiving notification that the government of a foreign
country has determined that a safety recall or other safety campaign
must be conducted in the foreign country of a covered product that is
identical or substantially similar to a covered product offered for
sale in the United States, the manufacturer or producer of the covered
product shall report the determination to the head of the applicable
agency.
(c) Reporting Requirements.--Not later than the date described in
subsection (d), the head of each applicable agency shall prescribe the
contents of the notification required by this section.
(d) Effective Date.--Except as provided in subsection (c), this
section shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 6. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS
AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED
STATES.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Agriculture and the Commissioner of Food and Drugs
shall jointly--
(1) complete a study on the feasibility and advisability of
requiring foreign producers of food distributed in commerce to
register an agent in the United States who is authorized to
accept service of process on behalf of such producers for the
purpose of any State or Federal regulatory proceeding or any
civil action in State or Federal court related to such food
products; and
(2) submit to Congress a report on the findings of the
Secretary with respect to such study.
SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AND
PRODUCERS OF COMPONENT PARTS WITHIN COVERED PRODUCTS.
Not later than 1 year after the date of the enactment of this Act,
the head of each applicable agency shall--
(1) complete a study on determining feasible and advisable
methods of requiring manufacturers or producers of component
parts within covered products manufactured or produced outside
the United States and distributed in commerce to register
agents in the United States who are authorized to accept
service of process on behalf of such manufacturers or producers
for the purpose of any State or Federal regulatory proceeding
or any civil action in State or Federal court related to such
component parts; and
(2) submit to Congress a report on the findings of the head
of the applicable agency with respect to the study.
SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES JUDGMENTS RELATING TO
DEFECTIVE DRYWALL IMPORTED FROM CHINA.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall--
(1) complete a study on methods to enforce judgments of any
State or Federal regulatory proceeding or any civil action in
State or Federal court relating to defective drywall imported
from the People's Republic of China and distributed in commerce
during the period 2004 through 2007 and used in residential
dwellings in the United States; and
(2) submit to Congress a report on the findings of the
Comptroller General with respect to the study.
SEC. 9. RELATIONSHIP WITH OTHER LAWS.
Nothing in this Act shall affect the authority of any State to
establish or continue in effect a provision of State law relating to
service of process or personal jurisdiction, except to the extent that
such provision of law is inconsistent with the provisions of this Act,
and then only to the extent of such inconsistency. | Foreign Manufacturers Legal Accountability Act of 2010 - (Sec. 3) Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides), and the National Highway Traffic Safety Administration (NHTSA) (with respect to a motor vehicle or motor vehicle products) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value, quantity, and frequency of importation, to register an agent in the United States who is authorized to accept service of process on their behalf for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
Exempts from this Act's requirements a foreign manufacturer or producer that distributes a covered product through its U.S. parent company or U.S. subsidiary, provided certain conditions are met.
Requires the registered agent to be: (1) located in a state with a substantial connection to the importation, distribution, or sale of the products; as well as (2) an individual, domestic firm, or domestic corporation that is a U.S. permanent resident.
Directs the Secretary of Commerce to establish, maintain, and make available to the public and to the Commissioner for U.S. Customs and Border Protection (CBP): (1) a registry of such agents; and (2) information on U.S. manufacturers or producers that have submitted certifications of responsibility and liability for their foreign manufacturers or producers or who have had their certifications removed for cause.
Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any judicial proceeding.
(Sec. 4) Prohibits importation into the United States of a covered product (or component part that will be used in the United States to manufacture a covered product) if the product (or component part) or any part of the product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent whose authority is in effect on the date of the importation.
(Sec. 5) Requires foreign manufacturers or producers of a covered product to report within five business days to the head of the applicable agency their determination to conduct a safety recall or other safety campaign of a covered product that is identical or substantially similar to a covered product offered for sale in the United States.
(Sec. 6) Requires the Secretary of Agriculture and the Commissioner of Food and Drugs jointly to study the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
(Sec. 7) Requires the head of an applicable agency similarly to study the feasibility of methods requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to register agents in the United States for purposes of such service of process.
(Sec. 8) Requires the Comptroller General to study methods to enforce judgments of any state or federal regulatory proceeding or civil action in state or federal court against Chinese manufacturers that exported defective drywall to the United States during 2004-2007. |
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 ``Emergency Contraception Access and
Education Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each year 3,400,000 pregnancies, or one-half of all
pregnancies, in the United States are unintended, and 4 in 10
of these unintended pregnancies end in abortion.
(2) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy for women of reproductive potential and has approved
certain forms of emergency contraceptive for unrestricted sale
on pharmacy shelves to women of all ages.
(3) Research indicates that emergency contraception reduces
the risk of pregnancy by up to 95 percent and emergency IUD
insertion reduces the risk by 99 percent. Although more
effective the sooner it is taken, medical evidence indicates
that emergency contraception can be effective up to 5 days
after unprotected intercourse or contraceptive failure.
(4) Emergency contraception is a responsible means of
preventing pregnancy that works like other hormonal
contraceptives by suppressing or delaying ovulation, which
makes fertilization from unprotected intercourse unlikely if
the medication is taken within 120 hours. Emergency
contraception does not terminate an established pregnancy.
(5) Most brands of emergency contraception consist of the
same hormones found in other hormonal birth control.
(6) The percentage of sexually experienced women aged 15 to
44 in the United States who have ever used emergency
contraception increased from 4.2 percent in 2002 to 11 percent
in years 2006 through 2010.
(7) A recent study by the Guttmacher Institute demonstrates
that the rate of teen pregnancy in the United States has
reached a historic low, declining 51 percent since its peak in
1990. From 2008 to 2010, increasing proportions of women aged
18 and 19 reported becoming sexually active, yet fewer of them
got pregnant during this time period than in previous studies.
Research suggests that increasing rates of contraceptive use
may be associated with the decline in teen pregnancy.
(8) Despite an increase in use, significant disparities
exist for young, urban, minority women who lack general
knowledge about emergency contraception. In fact, 1 in 4 teens
remain completely unaware of the method and its use.
(9) Although the American College of Obstetricians and
Gynecologists (ACOG) recommends that doctors routinely discuss
emergency contraception with women of reproductive age during
their clinical visits only half of obstetricians/gynecologists
offer emergency contraception to all of their patients in need
suggesting that greater provider and patient awareness and
education is needed.
(10) Nearly 1 out of 5 American women is a victim of rape.
It is estimated that 25,000 to 32,000 women become pregnant
each year as a result of rape, half of whom choose to terminate
their pregnancy. The risk of pregnancy after sexual assault has
been estimated to be 4.7 percent in adult survivors who were
not protected by some form of contraception at the time of the
attack. If used correctly, emergency contraception could help
many of these rape survivors avoid the additional trauma of
facing an unintended pregnancy.
(11) Only 18 States and the District of Columbia require
hospital emergency rooms to provide emergency contraception-
related services to survivors of sexual assault. Of those, only
13 States and the District of Columbia require hospital
emergency rooms to provide emergency contraception upon request
to survivors of sexual assault. Nine States have adopted
restrictions on emergency contraception, and six States
explicitly allow pharmacists to refuse to dispense emergency
contraception.
(12) In light of their safety and efficacy, the American
Medical Association, American Academy of Pediatrics, American
Women's Medical Association, Society for Adolescent Medicine,
and the American College of Obstetricians and Gynecologists
have endorsed more widespread availability of emergency
contraceptives.
(13) Healthy People 2020, published by the Office of
Disease Prevention and Health Promotion (ODPHP), establishes a
10-year national public health goal of increasing the
proportion of publicly funded health care providers who provide
emergency contraception to their patients, and reducing the
number of unintended pregnancies by 10 percent.
(14) Public awareness campaigns targeting women and health
care providers will help remove many of the barriers to
emergency contraception and will help bring this important
means of pregnancy prevention to women in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug or device (as such terms are
defined in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321)), or drug regimen that--
(A) is used postcoitally;
(B) prevents pregnancy primarily by preventing or
delaying ovulation, and does not terminate an
established pregnancy; and
(C) is approved by the Food and Drug
Administration.
(2) Health care provider.--The term ``health care
provider'' means an individual who is licensed or certified
under State law to provide health care services and who is
operating within the scope of such license. Such term shall
include a pharmacist.
(3) Hospital.--The term ``hospital'' means--
(A) a hospital as defined in section 1861(e) of the
Social Security Act (42 U.S.C. 1395x(e)); and
(B) a critical access hospital as defined in
section 1861(mm)(1) of such Act (42 U.S.C.
1395x(mm)(1)).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Sexual assault.--
(A) In general.--The term ``sexual assault'' means
a sexual act (as defined in subparagraphs (A) through
(C) of section 2246(2) of title 18, United States Code)
where the victim involved does not consent or lacks the
capacity to consent.
(B) Application of provisions.--The definition in
subparagraph (A) shall apply to all individuals.
SEC. 4. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTION WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
or to a State, with respect to services of a hospital, under title XIX
of such Act (42 U.S.C. 1396 et seq.), unless such hospital complies
with the conditions specified in subsection (b) in the case of--
(1) any woman who arrives at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who arrives at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as an over-the-counter
medication for all women without age restrictions and
is a safe and effective way to prevent pregnancy after
unprotected intercourse or contraceptive failure if
taken in a timely manner;
(B) emergency contraception is more effective the
sooner it is taken; and
(C) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her at
the hospital on her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Effective Date; Agency Criteria.--This section shall take
effect upon the expiration of the 180-day period beginning on the date
of the enactment of this Act. Not later than 30 days prior to the
expiration of such period, the Secretary shall publish in the Federal
Register criteria for carrying out this section.
SEC. 5. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS.
(a) Emergency Contraception Public Education Program.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
develop and disseminate to the public information on emergency
contraception.
(2) Dissemination.--The Secretary may disseminate
information on emergency contraception under paragraph (1)
directly or through arrangements with health agencies,
professional and nonprofit organizations, consumer groups,
institutions of higher education, clinics, the media, and
Federal, State, and local agencies.
(3) Information.--The information on emergency
contraception disseminated under paragraph (1) shall include,
at a minimum, the most current evidence-based and evidence-
informed standards of care with respect to emergency
contraception and an explanation of the proper, use, safety,
efficacy, counseling and availability of such contraception.
(b) Emergency Contraception Information Program for Health Care
Providers.--
(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and in consultation with major medical and
public health organizations, shall develop and disseminate to
health care providers information on emergency contraception.
(2) Information.--The information disseminated under
paragraph (1) shall include, at a minimum--
(A) information describing the most current
evidence-based and evidence-informed standards of care,
proper use, safety, efficacy, counseling and
availability of emergency contraception;
(B) a recommendation regarding the use of such
contraception in appropriate cases;
(C) recommendation for health care providers
working in emergency rooms to consult with survivors of
sexual assault once clinically stable regarding options
for emergency contraception and to provide any
necessary follow-up care and referral services; and
(D) information explaining how to obtain copies of
the information developed under subsection (a) for
distribution to the patients of the providers.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of the fiscal years 2014 through 2018. | Emergency Contraception Access and Education Act of 2014 - Prohibits payment to a hospital under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act unless the hospital promptly provides information about emergency contraception to any woman who arrives at the hospital and is stated to be, or hospital staff have reason to believe is, a victim of sexual assault. Requires the Director of the Centers for Disease Control and Prevention (CDC) to develop and disseminate information on emergency contraception. Directs the Administrator of the Health Resources and Services Administration (HRSA) to develop and disseminate to health care providers, including pharmacists, information on emergency contraception, including a recommendation for providers working in emergency rooms to consult with survivors of sexual assault regarding emergency contraception and provide follow-up care and referral 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 ``Family Self-Sufficiency Act of
2007''.
SEC. 2. ADMINISTRATIVE FEES FOR FAMILY SELF-SUFFICIENCY PROGRAM COSTS.
Subsection (h) of section 23 of the United States Housing Act of
1937 (42 U.S.C. 1437u(h)) is amended by striking paragraph (1) and
inserting the following new paragraph:
``(1) Section 8 fees.--
``(A) In general.--The Secretary shall establish a
fee under section 8(q) for the costs incurred in
administering the self-sufficiency program under this
section to assist families receiving voucher assistance
through section 8(o).
``(B) Eligibility for fee.--The fee shall provide
funding for family self-sufficiency coordinators as
follows:
``(i) Base fee.--A public housing agency
serving 25 or more participants in the family
self-sufficiency program under this section
shall receive a fee equal to the costs of
employing one full-time family self-sufficiency
coordinator. An agency serving fewer than 25
such participants shall receive a prorated fee.
``(ii) Additional fee.--An agency that
meets minimum performance standards shall
receive an additional fee sufficient to cover
the costs of employing a second family self-
sufficiency coordinator if the agency has 75 or
more participating families, and a third such
coordinator if it has 125 or more participating
families.
``(iii) Previously funded agencies.--An
agency that received funding from the
Department of Housing and Urban Development for
more than three such coordinators in any of
fiscal years 1998 through 2007 shall receive
funding for the highest number of coordinators
funded in a single fiscal year during that
period, provided they meet applicable size and
performance standards.
``(iv) Initial year.--For the first year in
which a public housing agency exercises its
right to develop an family self-sufficiency
program for its residents, it shall be entitled
to funding to cover the costs of up to one
family self-sufficiency coordinator, based on
the size specified in its action plan for such
program.
``(v) State and regional agencies.--For
purposes of calculating the family self-
sufficiency portion of the administrative fee
under this subparagraph, each administratively
distinct part of a State or regional public
housing agency shall be treated as a separate
agency.
``(vi) Determination of number of
coordinators.--In determining whether a public
housing agency meets a specific threshold for
funding pursuant to this paragraph, the number
of participants being served by the agency in
its family self-sufficiency program shall be
considered to be the average number of families
enrolled in such agency's program during the
course of the most recent fiscal year for which
the Department of Housing and Urban Development
has data.
``(C) Proration.--If insufficient funds are
available in any fiscal year to fund all of the
coordinators authorized under this section, the first
priority shall be given to funding one coordinator at
each agency with an existing family self-sufficiency
program. The remaining funds shall be prorated based on
the number of remaining coordinators to which each
agency is entitled under this subparagraph.
``(D) Recapture.--Any fees allocated under this
subparagraph by the Secretary in a fiscal year that
have not been spent by the end of the subsequent fiscal
year shall be recaptured by the Secretary and shall be
available for providing additional fees pursuant to
subparagraph (B)(ii).
``(E) Performance standards.--Within six months
after the date of the enactment of this paragraph, the
Secretary shall publish a proposed rule specifying the
performance standards applicable to funding under
clauses (ii) and (iii) of subparagraph (B). Such
standards shall include requirements applicable to the
leveraging of in-kind services and other resources to
support the goals of the family self-sufficiency
program.
``(F) Data collection.--Public housing agencies
receiving funding under this paragraph shall collect
and report to the Secretary, in such manner as the
Secretary shall require, information on the performance
of their family self-sufficiency programs.
``(G) Evaluation.--The Secretary shall conduct a
formal and scientific evaluation of the effectiveness
of well-run family self-sufficiency programs, using
random assignment of participants to the extent
practicable. Not later than the expiration of the 4-
year period beginning upon the enactment of this
paragraph, the Secretary shall submit an interim
evaluation report to the Congress. Not later than the
expiration of the 8-year period beginning upon such
enactment, the Secretary shall submit a final
evaluation report to the Congress. There is authorized
to be appropriated $10,000,000 to carry out the
evaluation under this subparagraph.
``(H) Incentives for innovation and high
performance.--The Secretary may reserve up to 10
percent of the amounts made available for
administrative fees under this paragraph to provide
support to or reward family self-sufficiency programs
that are particularly innovative or highly successful
in achieving the goals of the program.''.
Passed the House of Representatives September 25, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Family Self-Sufficiency Act of 2007 - Amends the United States Housing Act of 1937 to revise requirements for the administrative fee payable to public housing agencies (PHAs) to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development (HUD).
Prescribes: (1) a base fee for a PHA serving 25 or more program participants equal to the costs of employing one full-time family self-sufficiency coordinator (prorated for an agency serving fewer than 25 such participants); and (2) an additional fee for an agency meeting minimum performance standards to cover the costs of employing a second coordinator if the agency has 75 or more participating families, and a third coordinator if it has 125 or more participating families.
Requires the Secretary to publish a proposed rule specifying the performance standards applicable to funding such additional fees and agencies that have received HUD funding for more than three such coordinators between FY1998-FY2007.
Requires PHAs receiving such funds to collect and report to the Secretary information on the performance of their family self-sufficiency programs.
Directs the Secretary to: (1) conduct a formal and scientific evaluation of the effectiveness of well-run family self-sufficiency programs, using random assignment of participants to the extent practicable; and (2) submit interim and final reports to Congress. Authorizes appropriations for the evaluation.
Permits the Secretary to reserve up to 10% of the amounts available for administrative fees to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving program goals. |
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 ``Boko Haram Terrorist Designation Act
of 2013''.
SEC. 2. SENSE OF CONGRESS ON DESIGNATION OF BOKO HARAM AS A FOREIGN
TERRORIST ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) The Congregation and People of Tradition for
Proselytism and Jihad, or more popularly known under its Hausa
name Boko Haram (``Western education is sinful.''), is a
Nigerian jihadist organization based in the northeastern part
of that country.
(2) Since its founding in 2001, Boko Haram reportedly has
been responsible for the deaths of more than 10,000 persons,
mostly Nigerians. This group has been officially designated by
the Government of the Federal Republic of Nigeria as a
terrorist organization, along with another group--Jama'atu
Ansarul Muslimina Fi Biladis Sudan--under section 2 of
Nigeria's Terrorism Prevention Act of 2011 (as amended).
(3) Boko Haram claimed responsibility for the August 26,
2011, bombing of the United Nations Building in Abuja in which
21 persons were killed and another 60 were injured.
(4) In testimony before the Senate Select Committee on
Intelligence on January 31, 2012, Director of National
Intelligence James Clapper said Boko Haram ``is interested in
hitting targets, such as the U.S. Embassy and hotels frequented
by Westerners.''
(5) On February 23, 2012, United States Ambassador to
Nigeria Terrance P. McCulley said that Boko Haram's danger was
expanding and that at least part of the group ``has decided
it's in their interest to attack the international
community.''.
(b) Criteria.--Section 219(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)(1)) provides the 3 criteria for the designation
of an organization as a Foreign Terrorist Organization:
(1) The organization must be a foreign organization.
(2) The organization must engage in terrorist activity, as
defined in section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), or terrorism, as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(2)), or retain the capability and intent to engage in
terrorist activity or terrorism.
(3) The organization's terrorist activity or terrorism must
threaten the security of United States nationals or the
national security (national defense, foreign relations, or the
economic interests) of the United States.
(c) Sense of Congress.--It is the sense of Congress that--
(1) Boko Haram has met the criteria for designation as a
Foreign Terrorist Organization under section 219 of the
Immigration and Nationality Act (as described in subsection
(b)); and
(2) the Secretary of State, in consultation with the
Attorney General and the Secretary of the Treasury, should
exercise the Secretary of State's statutory authority and
designate Boko Haram as a Foreign Terrorist Organization.
(d) Report.--If the Secretary of State does not designate Boko
Haram as a Foreign Terrorist Organization within 60 days after the date
of the enactment of this Act, the Secretary of State shall submit to
Congress a report that contains the reasons therefor.
SEC. 3. SANCTIONS AGAINST PERSONS WHO KNOWINGLY PROVIDE MATERIAL
SUPPORT OR RESOURCES TO BOKO HARAM OR ITS AFFILIATES,
ASSOCIATED GROUPS, OR AGENTS.
(a) Sanctions.--
(1) In general.--In concert with applicable Nigerian law
regarding Boko Haram or its affiliates, associated groups, or
agents, the President shall subject to all available sanctions
any person in the United States or subject to the jurisdiction
of the United States who knowingly provides material support or
resources to Boko Haram or its affiliates, associated groups,
or agents.
(2) Definition.--In this paragraph, the term ``material
support or resources'' has the meaning given such term in
section 2339A(b)(1) of title 18, United States Code.
(b) Inadmissability and Removal.--
(1) Inadmissability.--Notwithstanding any other provision
of law, the Secretary of State may not issue any visa to, and
the Secretary of Homeland Security shall deny entry to the
United States of, any member or representative of Boko Haram or
its affiliates, associated groups, or agents.
(2) Removal.--In certain circumstances, any alien who is a
member or representative of Boko Haram or its affiliates,
associated groups, or agents shall be removable from the United
States as provided for in sections 212(a)(3)(B)(i)(IV) or (V)
and 237(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(i)(IV) or (V) and 1227(a)(1)(A)).
(c) Funds.--Any United States financial institution that knowingly
has possession of or control over funds in which Boko Haram or its
affiliates, associated groups, or agents have an interest shall retain
possession of or control over the funds and report the funds to the
Office of Foreign Assets Control of the Department of the Treasury. | Boko Haram Terrorist Designation Act of 2013 - Expresses the sense of Congress that Boko Haram has met the criteria for designation as a foreign terrorist organization, and the Secretary of State should so designate Boko Haram. Provides that if the Secretary does not designate Boko Haram as a foreign terrorist organization within 60 days the Secretary shall submit a report to Congress that contains the reasons therefor. Directs the President, in concert with applicable Nigerian law, to subject to sanctions any person in the United States or subject to U.S. jurisdiction who knowingly provides material support or resources to Boko Haram or its affiliates, associated groups, or agents. Prohibits the Secretary from issuing any visa to, and directs the Secretary of Homeland Security (DHS) to deny U.S. entry to, any member or representative of Boko Haram or its affiliates, associated groups, or agents. Requires under certain circumstances, the removal from the United States of any alien who is a member or representative of Boko Haram or its affiliates, associated groups, or agents. Requires any U.S. financial institution that knowingly has possession of or control over funds in which Boko Haram or its affiliates, associated groups, or agents have an interest to: (1) retain possession of or control over the funds, and (2) report the funds to the Office of Foreign Assets Control of the Department of the Treasury. |
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 ``Trade Adjustment Assistance
Extension Act of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance
Sec. 101. Extension of Trade Adjustment Assistance.
Sec. 102. Merit staffing for State administration of Trade Adjustment
Assistance.
Subtitle B--Health Coverage Improvement
Sec. 111. Improvement of the affordability of the credit.
Sec. 112. Payment for the monthly premiums paid prior to commencement
of the advance payments of credit.
Sec. 113. TAA recipients not enrolled in training programs eligible for
credit.
Sec. 114. TAA pre-certification period rule for purposes of determining
whether there is a 63-day lapse in
creditable coverage.
Sec. 115. Continued qualification of family members after certain
events.
Sec. 116. Extension of COBRA benefits for certain TAA-eligible
individuals and PBGC recipients.
Sec. 117. Addition of coverage through voluntary employees' beneficiary
associations.
Sec. 118. Notice requirements.
Subtitle C--Other Modifications to Trade Adjustment Assistance
Sec. 121. Community College and Career Training Grant Program.
TITLE II--OFFSETS
Sec. 201. Customs user fees.
Sec. 202. Time for payment of corporate estimated taxes.
Sec. 203. Compliance with PAYGO.
TITLE I--TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance
SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE.
(a) In General.--Section 1893(a) of the Trade and Globalization
Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422) is
amended by striking ``January 1, 2011'' each place it appears and
inserting ``July 1, 2012''.
(b) Application of Prior Law.--Section 1893(b) of the Trade and
Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123
Stat. 422 (19 U.S.C. 2271 note prec.)) is amended to read as follows:
``(b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be
applied and administered beginning July 1, 2012, as if the amendments
made by this subtitle (other than part VI) had never been enacted,
except that in applying and administering such chapters--
``(1) section 245 of that Act shall be applied and
administered by substituting `June 30, 2013' for `December 31,
2007';
``(2) section 246(b)(1) of that Act shall be applied and
administered by substituting `June 30, 2013' for `the date that
is 5 years' and all that follows through `State';
``(3) section 256(b) of that Act shall be applied and
administered by substituting `the 1-year period beginning July
1, 2012, and ending June 30, 2013,' for `each of fiscal years
2003 through 2007, and $4,000,000 for the 3-month period
beginning on October 1, 2007,';
``(4) section 298(a) of that Act shall be applied and
administered by substituting `the 1-year period beginning July
1, 2012, and ending June 30, 2013,' for `each of the fiscal
years' and all that follows through `October 1, 2007'; and
``(5) subject to subsection (a)(2), section 285 of that Act
shall be applied and administered--
``(A) in subsection (a), by substituting `June 30,
2013' for `December 31, 2007' each place it appears;
and
``(B) by applying and administering subsection (b)
as if it read as follows:
```(b) Other Assistance.--
```(1) Assistance for firms.--
```(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 3 after June 30, 2013.
```(B) Exception.--Notwithstanding subparagraph
(A), any assistance approved under chapter 3 on or
before June 30, 2013, may be provided--
```(i) to the extent funds are available
pursuant to such chapter for such purpose; and
```(ii) to the extent the recipient of the
assistance is otherwise eligible to receive
such assistance.
```(2) Farmers.--
```(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 6 after June 30, 2013.
```(B) Exception.--Notwithstanding subparagraph
(A), any assistance approved under chapter 6 on or
before June 30, 2013, may be provided--
```(i) to the extent funds are available
pursuant to such chapter for such purpose; and
```(ii) to the extent the recipient of the
assistance is otherwise eligible to receive
such assistance.'.''.
(c) Conforming Amendments.--
(1) Section 236(a)(2)(A) of the Trade Act of 1974 (19
U.S.C. 2296(a)(2)(A)) is amended to read as follows:
``(2)(A) The total amount of payments that may be made under
paragraph (1) shall not exceed--
``(i) $575,000,000 for fiscal year 2011; and
``(ii) $431,250,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.''.
(2) Section 245(a) of the Trade Act of 1974 (19 U.S.C.
2317(a)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C.
2318(b)(1)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(4) Section 255(a) of the Trade Act of 1974 (19 U.S.C.
2345(a)) is amended--
(A) in the first sentence to read as follows:
``There are authorized to be appropriated to the
Secretary to carry out the provisions of this chapter
$50,000,000 for fiscal year 2011 and $37,500,000 for
the 9-month period beginning October 1, 2011, and
ending June 30, 2012.''; and
(B) in paragraph (1), by striking ``December 31,
2010'' and inserting ``June 30, 2012''.
(5) Section 275(f) of the Trade Act of 1974 (19 U.S.C.
2371d(f)) is amended by striking ``2011'' and inserting
``2013''.
(6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C.
2371e(c)(2)) is amended to read as follows:
``(2) Funds to be used.--Of the funds appropriated pursuant
to section 277(c), the Secretary may make available, to provide
grants to eligible communities under paragraph (1), not more
than--
``(A) $25,000,000 for fiscal year 2011; and
``(B) $18,750,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.''.
(7) Section 277(c) of the Trade Act of 1974 (19 U.S.C.
2371f(c)) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this subchapter--
``(A) $150,000,000 for fiscal year 2011; and
``(B) $112,500,000 for the 9-month period beginning
October 1, 2011 and ending June 30, 2012.''; and
(B) in paragraph (2)(A), by striking ``December 31,
2010'' and inserting ``June 30, 2012''.
(8) Section 278(e) of the Trade Act of 1974 (19 U.S.C.
2372(e)) is amended by striking ``2011'' and inserting
``2013''.
(9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C.
2373(h)(2)) is amended by striking ``2011'' and inserting
``2013''.
(10) Section 279B(a) of the Trade Act of 1974 (19 U.S.C.
2373a(a)) is amended to read as follows:
``(a) In General.--
``(1) Authorization.--There are authorized to be
appropriated to the Secretary of Labor to carry out the Sector
Partnership Grant program under section 279A--
``(A) $40,000,000 for fiscal year 2011; and
``(B) $30,000,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.
``(2) Availability of appropriations.--Funds appropriated
pursuant to this section shall remain available until
expended.''.
(11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271
note) is amended--
(A) by striking ``December 31, 2010'' each place it
appears and inserting ``June 30, 2012''; and
(B) in subsection (a)(2)(A), by inserting
``pursuant to petitions filed under section 221 before
July 1, 2012'' after ``title''.
(12) Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended by striking ``$90,000,000 for each of the
fiscal years 2009 and 2010, and $22,500,000 for the period
beginning October 1, 2010, and ending December 31, 2010'' and
inserting ``$67,500,000 for the 9-month period beginning
January 1, 2011, and ending September 30, 2011, and $67,500,000
for the 9-month period beginning October 1, 2011, and ending
June 30, 2012''.
(13) The table of contents for the Trade Act of 1974 is
amended by striking the item relating to section 235 and
inserting the following:
``Sec. 235. Employment and case management services.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.
SEC. 102. MERIT STAFFING FOR STATE ADMINISTRATION OF TRADE ADJUSTMENT
ASSISTANCE.
(a) In General.--Notwithstanding section 618.890(b) of title 20,
Code of Federal Regulations, or any other provision of law, the single
transition deadline for implementing the merit-based State personnel
staffing requirements contained in section 618.890(a) of title 20, Code
of Federal Regulations, shall not be earlier than June 30, 2012.
(b) Effective Date.--This section shall take effect on December 14,
2010.
Subtitle B--Health Coverage Improvement
SEC. 111. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) In General.--Section 35(a) of the Internal Revenue Code of 1986
is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Conforming Amendment.--Section 7527(b) of such Code is amended
by striking ``January 1, 2011'' and inserting ``July 1, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to coverage months beginning after December 31, 2010.
SEC. 112. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT
OF THE ADVANCE PAYMENTS OF CREDIT.
(a) In General.--Section 7527(e) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR
CREDIT.
(a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING
WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2011'' and inserting
``July 1, 2012''.
(b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is
amended by striking ``January 1, 2011'' and inserting ``July 1, 2012''.
(c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health
Service Act (as in effect for plan years beginning before January 1,
2014) is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2010.
SEC. 115. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN
EVENTS.
(a) In General.--Section 35(g)(9) of the Internal Revenue Code of
1986, as added by section 1899E(a) of the American Recovery and
Reinvestment Tax Act of 2009 (relating to continued qualification of
family members after certain events), is amended by striking ``January
1, 2011'' and inserting ``July 1, 2012''.
(b) Conforming Amendment.--Section 173(f)(8) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking
``January 1, 2011'' and inserting ``July 1, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2010.
SEC. 116. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments.--
(1) PBGC recipients.--Section 602(2)(A)(v) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1162(2)(A)(v)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(2) TAA-eligible individuals.--Section 602(2)(A)(vi) of
such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(b) IRC Amendments.--
(1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the
Internal Revenue Code of 1986 is amended by striking ``December
31, 2010'' and inserting ``June 30, 2012''.
(2) TAA-eligible individuals.--Section
4980B(f)(2)(B)(i)(VI) of such Code is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health
Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(d) Effective Date.--The amendments made by this section shall
apply to periods of coverage which would (without regard to the
amendments made by this section) end on or after December 31, 2010.
SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY
ASSOCIATIONS.
(a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 118. NOTICE REQUIREMENTS.
(a) In General.--Section 7527(d)(2) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Effective Date.--The amendment made by this section shall apply
to certificates issued after December 31, 2010.
Subtitle C--Other Modifications to Trade Adjustment Assistance
SEC. 121. COMMUNITY COLLEGE AND CAREER TRAINING GRANT PROGRAM.
(a) In General.--Section 278(a) of the Trade Act of 1974 (19 U.S.C.
2372(a)) is amended by adding at the end the following:
``(3) Rule of construction.--For purposes of this section,
any reference to `workers', `workers eligible for training
under section 236', or any other reference to workers under
this section shall be deemed to include individuals who are, or
are likely to become, eligible for unemployment compensation as
defined in section 85(b) of the Internal Revenue Code of 1986,
or who remain unemployed after exhausting all rights to such
compensation.''.
(b) Authorization of Appropriations.--Section 279 of the Trade Act
of 1974 (19 U.S.C. 2372a) is amended--
(1) in subsection (a), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Administrative and Related Costs.--The Secretary may retain
not more than 5 percent of the funds appropriated under subsection (b)
for each fiscal year to administer, evaluate, and establish reporting
systems for the Community College and Career Training Grant program
under section 278.
``(d) Supplement Not Supplant.--Funds appropriated under subsection
(b) shall be used to supplement and not supplant other Federal, State,
and local public funds expended to support community college and career
training programs.
``(e) Availability.--Funds appropriated under subsection (b) shall
remain available for the fiscal year for which the funds are
appropriated and the subsequent fiscal year.''.
TITLE II--OFFSETS
SEC. 201. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``September 30, 2019''
and inserting ``March 31, 2020''; and
(2) in subparagraph (B)(i), by striking ``September 30,
2019'' and inserting ``April 30, 2020''.
SEC. 202. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (2) of section 561 of the Hiring
Incentives to Restore Employment Act in effect on the date of the
enactment of this Act is increased by 4.5 percentage points.
SEC. 203. COMPLIANCE WITH PAYGO.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Trade Adjustment Assistance Extension Act of 2010 - Amends the Trade and Globalization Adjustment Assistance Act of 2009 to extend trade adjustment assistance (TAA) programs through June 30, 2012. Extends TAA for firms and farmers through June 30, 2013.
Extends the single transition deadline for implementing certain merit-based personnel staffing requirements for state administration of TAA to a date not earlier than June 30, 2012.
Amends the Internal Revenue Code (IRC) to extend through June 30, 2012, the 80% tax credit for health insurance costs (including advance payments) for TAA (as well as Pension Benefit Guaranty Corporation [PBGC] pension) recipients.
Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through June 30, 2012.
Amends the IRC, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through June 30, 2012, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers.
Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through June 30, 2012.
Extends through June 30, 2012, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative.
Amends the Trade Act of 1974 to expand the TAA grant program for community college and career training to include individuals who are, or are likely to become, eligible for unemployment compensation or who remain unemployed after exhausting their unemployment benefits.
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend certain customs users fees for the processing of merchandise entered into the United States through March 31, 2020, and other specified customs users fees through April 30, 2020.
Amends the Hiring Incentives to Restore Employment Act to increase required estimated tax payments of corporations with at least $1 billion in assets in the third quarter of 2015 by 4.5% to 126.0% of such 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 ``IDEA Paperwork Reduction Act of
2002''.
SEC. 2. STRATEGIC PROPOSALS TO REDUCE THE PAPERWORK BURDEN UNDER THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Education shall submit to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a
report that details such regulatory proposals as the Secretary deems
advisable for reducing the paperwork burden on teachers,
administrators, and related services providers under the Individuals
with Disabilities Education Act, and reducing the non-instructional
time spent by teachers in order to comply with the requirements of the
Individuals with Disabilities Education Act.
SEC. 3. SIMPLIFIED AND STREAMLINED NOTICES.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Education shall identify,
develop, and disseminate simplified and streamlined model documents for
individualized education programs (IEPs), procedural safeguards
notices, and prior written notice reporting requirements incorporating
relevant Federal statutory and regulatory requirements under the
Individuals with Disabilities Education Act.
(b) Dissemination and Training.--In carrying out subsection (a),
the Secretary shall disseminate and provide training and technical
assistance on the model IEPs, procedural safeguard notices, and prior
written notice reporting requirements to all State and local
educational agencies, parent training centers, and other appropriate
entities.
SEC. 4. 3-YEAR INDIVIDUALIZED EDUCATION PROGRAMS.
Notwithstanding part B of the Individuals with Disabilities
Education Act, a State that receives funds under part B of that Act may
permit local educational agencies in the State, with the informed,
written consent of the parents of a child with a disability, to carry
out the following:
(1) Develop a 3-year IEP (in lieu of an annual IEP) for the
child, with IEP goals coinciding with natural transition points
for the child, including annual goals for measuring progress
that are tied to the general education curriculum content
standards as well as other annual goals, such as life skills,
self-advocacy, social skills, desired post-school outcomes, and
other goals deemed appropriate for the child by the IEP Team.
(2) Comprehensively review and revise the IEP consistent
with applicable provisions of law, but at natural transition
points for the child as opposed to annually.
(3) Provide for a streamlined annual IEP review meeting
focusing on the child's current levels of performance and
progress toward meeting the measurable annual goals, and, based
on that review, determine if any additions or modifications to
the special education and related services are needed to enable
the child to meet the measurable annual goals set out in the
IEP.
(4) Consistent with the performance-reporting requirements
under the Individuals with Disabilities Education Act--
(A) regularly inform the parents of the child of
the extent to which their child is progressing toward
meeting the goals of the IEP (including measurable
annual goals and 3-year IEP goals coinciding with
natural transition points for the child); and
(B) inform the parents of the extent to which that
progress is sufficient to enable the child to achieve
the measurable annual goals by the end of the school
year, as well as the 3-year IEP goals coinciding with
natural transition points for the child.
(5) If the child is making sufficient progress toward
meeting each of the measurable annual goals of the IEP by the
end of the school year and such progress continues to be deemed
sufficient to enable the child to attain the 3-year IEP goals
coinciding with natural transition points for the child, the
IEP Team shall not be required to conduct a comprehensive
annual review and revision of the IEP but shall instead conduct
a streamlined annual IEP review process in intervening years
between natural transition points (at which time the
comprehensive review would be required), unless the child's
parents or teacher request a more comprehensive review and
revision of the IEP.
(6) If the child is not making sufficient progress toward
attaining each of the measurable annual goals of the IEP by the
end of the school year and such lack of progress is deemed
insufficient to enable the child to attain the 3-year IEP goals
coinciding with natural transition points for the child, an IEP
review meeting shall take place to determine if any additions
or modifications to the special education and related services
are needed to enable the child to meet the measurable annual
goals set out in the IEP.
SEC. 5. PAPERWORK REDUCTION DEMONSTRATION PROGRAM.
(a) Pilot Program.--The Secretary is authorized to grant waivers of
paperwork requirements under the Individuals with Disabilities
Education Act for a period of time not to exceed 4 years with respect
to not more than 10 States based on proposals submitted by States for
addressing reduction of paperwork and non-instructional time spent
fulfilling statutory and regulatory requirements.
(b) Report.--The Secretary shall include in the annual report of
the Department of Education (required to be transmitted to Congress
under section 426 of the Department of Education Organization Act)
information related to the effectiveness of waivers granted under
subsection (a)--
(1) in reducing the paperwork burden on teachers,
administrators, and related services providers under the
Individuals with Disabilities Education Act, and non-
instructional time spent by teachers in compliance of the
requirements of the Individuals with Disabilities Education
Act, including any specific recommendations for broader
implementation; and
(2) in enhancing longer term educational planning,
improving positive outcomes for children with disabilities,
promoting collaboration between IEP Team members, and ensuring
satisfaction of family members, including any specific
recommendations for broader implementation.
SEC. 6. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) Individualized Education Programs.--
(1) Definitions.--Section 614(d)(1) of the Individuals with
Disabilities Education Act (20 U.S.C. 1414(d)(1)) is amended--
(A) in subparagraph (B), by striking clause (ii)
and inserting the following:
``(ii) a regular education teacher of such
child (if the child is, or may be,
participating the majority of the school day in
the regular education environment), but such
teacher shall not be required to attend a
meeting or part of a meeting of the IEP Team
involving issues not related to the child's
participation in regular education, nor shall
multiple regular education teachers, if the
child has more than one regular education
teacher, be required to attend a meeting, or
part of a meeting, of the IEP Team;''; and
(B) by adding at the end the following:
``(C) LEA discretion.--(i)(I) The local educational
agency shall have the discretion to determine whether
any member of the IEP Team may be excused from
attending an IEP meeting, in whole or in part, when,
under the circumstances, the attendance of the member
is not necessary. An IEP Team may obtain input prior to
an IEP meeting from any member whose attendance at such
meeting is not necessary as determined under the
preceding sentence.
``(II) The local educational agency shall provide
notice to the parent of the child with a disability
that an IEP Team member will not attend an IEP meeting
as determined under subclause (I).
``(III) If the parent of the child with a
disability disagrees with the determination of the
local educational agency under subclause (I) that an
IEP Team member will not attend an IEP meeting, the
parent may request that the IEP Team member attend the IEP meeting.
``(ii) An IEP meeting at which the attendance of a
regular education teacher of a child with a disability
is necessary, or at which such attendance has been
requested by the child's parents, shall not be
scheduled at a time that would require the absence of
the regular education teacher from the classroom during
instructional time.''.
(2) Development of iep.--Section 614(d)(3) of such Act (20
U.S.C. 1414(d)(3)) is amended by adding at the end the
following:
``(D) Waiver of meeting.--In making changes to a
child's IEP, the parent of a child with a disability
and the local education agency may waive the need for
an IEP meeting and instead develop a written document
to amend or modify an existing IEP.
``(E) Consolidation and alternative means regarding
meetings.--To the extent possible, the local
educational agency shall encourage consolidation of IEP
Team meetings for each child and shall permit all
participants in IEP Team meetings to use alternative
means of participating, such as video conferencing and
conference calls.''.
(3) Review and revision of iep.--Section 614(d)(4)(B) of
such Act (20 U.S.C. 1414(d)(4)(B)) is amended by inserting
before the period at the end the following: ``through
consultation or through attendance at IEP Team meetings when it
would not result in absence from the classroom during
instructional time''.
(b) Construction.--Section 614(e) of such Act (20 U.S.C. 1414(e))
is amended by adding at the end the following: ``Nothing in this
section shall be construed to require that additional information be
included in a child's IEP beyond what is explicitly required in this
section.''.
(c) Procedural Safeguards Notice.--Section 615(d)(1) of such Act
(20 U.S.C. 1415(d)(1)) is amended by striking subparagraphs (B) and (C)
and inserting the following:
``(B) at the time services are initially provided;
``(C) upon registration of a complaint under
subsection (b)(6) of this section; and
``(D) upon request by a parent.''.
SEC. 7. DEFINITIONS.
In this Act:
(1) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act.
(2) IEP team.--The term ``IEP Team'' has the meaning given
the term in section 614(d)(1)(B) of the Individuals with
Disabilities Education Act.
(3) Individualized education program.--The term
``individualized education program'' or ``IEP'' has the meaning
such term has in section 602 of the Individuals with
Disabilities Education Act.
(4) Natural transition points.--The term ``natural
transition points'' means those periods that are close in time
to the transition of a child with a disability from preschool
to elementary grades, from elementary grades to middle or
junior high school grades, from middle or junior high school
grades to high school grades, and from high school grades to
postschool activities, but in no case longer than 3 years.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico. | IDEA Paperwork Reduction Act of 2002 - Directs the Secretary of Education to report to specified congressional committees, with respect to the Individuals with Disabilities Act (IDEA), on advisable regulatory proposals to reduce: (1) the IDEA paperwork burden on teachers, administrators, and related services providers; and (2) the non-instructional time spent by teachers to comply with IDEA requirements.Directs the Secretary to: (1) identify, develop, and disseminate simplified and streamlined model documents for individualized education programs (IEPs), procedural safeguards notices, and prior written notice reporting requirements incorporating relevant Federal statutory and regulatory requirements under IDEA; and (2) disseminate and provide training and technical assistance on such model IEPs, notices, and requirements to all State and local educational agencies (LEAs), parent training centers, and other appropriate entities.Allows States receiving funds under IDEA part B to permit LEAs to develop a three-year IEP (instead of an annual IEP) with goals coinciding with natural transition points for the child and including certain annual goals, with parents' informed consent, for each child with a disability.Authorizes the Secretary to carry out a demonstration program of granting waivers of IDEA paperwork requirements for up to four years for up to ten States, based on State proposals for addressing reduction of paperwork and non-instructional time spent fulfilling statutory and regulatory requirements. Requires the annual report of the Department of Education to Congress to include information on the efficacy and promise of such waivers.Amends IDEA to provide for flexibility with respect to IEP meetings, by allowing: (1) regular education teachers to be excused from attendance under certain circumstances; and (2) LEA discretion in requiring IEP team member attendance and in waiving, consolidating, or developing alternatives to certain meetings, with parental agreement. Limits certain IEP information to what is specifically required. Revises requirements for procedural safeguard notices. |
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 Emergency Medical Services
Act of 1999''.
SEC. 2. EMERGENCY SERVICES.
(a) Coverage of Emergency Services.--
(1) In general.--If a group health plan, or health
insurance coverage offered by a health insurance issuer,
provides any benefits with respect to emergency services (as
defined in paragraph (2)(B)), the plan or issuer shall cover
emergency services furnished under the plan or coverage--
(A) without the need for any prior authorization
determination;
(B) whether or not the health care provider
furnishing such services is a participating provider
with respect to such services;
(C) in a manner so that, if such services are
provided to a participant, beneficiary, or enrollee by
a nonparticipating health care provider, the
participant, beneficiary, or enrollee is not liable for
amounts that exceed the amounts of liability that would
be incurred if the services were provided by a
participating provider; and
(D) without regard to any other term or condition
of such plan or coverage (other than exclusion or
coordination of benefits, or an affiliation or waiting
period, permitted under section 2701 of the Public
Health Service Act (42 U.S.C. 300gg et seq.), section
701 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1181 et seq.), or section 9801 of the
Internal Revenue Code of 1986, and other than
applicable cost sharing).
(2) Definitions.--In this section:
(A) Emergency medical condition based on prudent
layperson standard.--The term ``emergency medical
condition'' means a medical condition manifesting
itself by acute symptoms of sufficient severity
(including severe pain) such that a prudent layperson,
who possesses an average knowledge of health and
medicine, could reasonably expect the absence of
immediate medical attention to result in a condition
described in clause (i), (ii), or (iii) of section
1867(e)(1)(A) of the Social Security Act (42 U.S.C.
1395dd(e)(1)(A)).
(B) Emergency services.--The term ``emergency
services'' means--
(i) a medical screening examination (as
required under section 1867 of the Social
Security Act (42 U.S.C. 1395dd)) that is within
the capability of the emergency department of a
hospital, including ancillary services
routinely available to the emergency department
to evaluate an emergency medical condition (as
defined in subparagraph (A)); and
(ii) within the capabilities of the staff
and facilities at the hospital, such further
medical examination and treatment as are
required under section 1867 of such Act to
stabilize the patient.
(C) Stabilize.--The term ``to stabilize'' means,
with respect to an emergency medical condition, to
provide such medical treatment of the condition as may
be necessary to assure, within reasonable medical
probability, that no material deterioration of the
condition is likely to result from or occur during the
transfer of the individual from a facility.
(b) Reimbursement for Maintenance Care and Post-Stabilization
Care.--In the case of services (other than emergency services) for
which benefits are available under a group health plan, or under health
insurance coverage offered by a health insurance issuer, the plan or
issuer shall provide for reimbursement with respect to such services
provided to a participant, beneficiary, or enrollee other than through
a participating health care provider in a manner consistent with
subsection (a)(1)(C) (and shall otherwise comply with the guidelines
established under section 1852(d)(2) of the Social Security Act (42
U.S.C. 1395w-22(d)(2)) (relating to promoting efficient and timely
coordination of appropriate maintenance and post-stabilization care of
an enrollee after an enrollee has been determined to be stable), or, in
the absence of guidelines under such section, such guidelines as the
Secretary shall establish to carry out this subsection), if the
services are maintenance care or post-stabilization care covered under
such guidelines.
(c) Information for Participants, Beneficiaries, and Enrollees.--
(1) Group health plans.--A group health plan shall--
(A) provide to participants and beneficiaries at
the time of initial coverage under the plan (or the
effective date of this Act, in the case of individuals
who are participants and beneficiaries as of such
date), at least annually thereafter, and at the
beginning of any open enrollment provided under the
plan, the information described in paragraph (3) in
printed form; and
(B) upon request, make available to participants
and beneficiaries, to the applicable authority, and to
prospective participants and beneficiaries the
information described in paragraph (3) in printed form.
(2) Health insurance issuers.--A health insurance issuer,
in connection with the provision of health insurance coverage,
shall--
(A) provide to individuals enrolled under such
coverage at the time of enrollment, and at least
annually thereafter, (and to plan administrators of
group health plans in connection with which such
coverage is offered) the information described in
paragraph (3) in printed form; and
(B) upon request, make available to the applicable
authority, to individuals who are prospective
enrollees, to plan administrators of group health plans
that may obtain such coverage, and to the public the
information described in paragraph (3) in printed form.
(3) Required information.--The information described in
this paragraph with respect to a group health plan or health
insurance coverage offered by a health insurance issuer is
information about the coverage of emergency services,
including--
(A) the appropriate use of emergency services,
including use of the 911 telephone system or its local
equivalent in emergency situations and an explanation
of what constitutes an emergency situation;
(B) the process and procedures of the plan or
issuer for obtaining emergency services;
(C) any cost-sharing applicable to emergency
services; and
(D) the locations of--
(i) emergency departments; and
(ii) other settings in which plan
physicians and hospitals provide emergency
services and post-stabilization care.
(d) Definitions.--In this section:
(1) Applicable authority.--The term ``applicable
authority'' means--
(A) in the case of a group health plan, the
Secretary of Health and Human Services and the
Secretary of Labor; and
(B) in the case of a health insurance issuer with
respect to a specific provision of this section, the
applicable State authority or the Secretary of Health
and Human Services if such Secretary is enforcing such
provisions under section 2722(a)(2) or 2761(a)(2) of
the Public Health Service Act (42 U.S.C. 300gg-
22(a)(2), 300gg-61(a)(2)).
(2) Nonparticipating.--The term ``nonparticipating'' means,
with respect to a health care provider that provides health
care items and services to a participant, beneficiary, or
enrollee under a group health plan or health insurance
coverage, a health care provider that is not a participating
health care provider with respect to such items and services.
(3) Participating.--The term ``participating'' means, with
respect to a health care provider that provides health care
items and services to a participant, beneficiary, or enrollee
under a group health plan or health insurance coverage offered
by a health insurance issuer, a health care provider that
furnishes such items and services under a contract or other
arrangement with the plan or issuer.
(4) Other terms.--The terms ``applicable State authority'',
``beneficiary'', ``group health plan'', ``health insurance
coverage'', ``health insurance issuer'', and ``participant''
shall have the meanings given to such terms in section 2791 of
the Public Health Service Act (42 U.S.C. 300gg-91).
SEC. 3. STANDARDS UNDER THE PUBLIC HEALTH SERVICE ACT.
(a) Group Market.--Subpart 2 of part A of title XXVII of the Public
Health Service Act, as amended by the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277),
is amended by adding at the end the following new section:
``SEC. 2707. EMERGENCY SERVICES.
``(a) In General.--Each group health plan (and each health
insurance issuer offering group health insurance coverage in connection
with such a plan) shall comply with the requirements of the Access to
Emergency Medical Services Act of 1999, and such requirements shall be
deemed to be incorporated into this subsection.
``(b) Notice.--A group health plan shall comply with the notice
requirement under section 711(d) of the Employee Retirement Income
Security Act with respect to the requirements referred to in subsection
(a), and a health insurance issuer shall comply with such notice
requirement as if such section applied to such issuer and such issuer
were a group health plan.''.
(b) Individual Market.--Subpart 3 of part B of title XXVII of the
Public Health Service Act, as amended by the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277),
is amended by adding at the end the following new section:
``SEC. 2753. EMERGENCY SERVICES.
``(a) In General.--Each health insurance issuer shall comply with
the requirements of the Access to Emergency Medical Services Act of
1999 with respect to individual health insurance coverage it offers,
and such requirements shall be deemed to be incorporated into this
subsection.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 711(d) of the Employee
Retirement Income Security Act with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
SEC. 4. STANDARDS UNDER 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, as amended by the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277), is amended by adding at the end the
following:
``SEC. 714. EMERGENCY SERVICES.
``(a) In General.--Subject to subsection (b), a group health plan
(and a health insurance issuer offering group health insurance coverage
in connection with such a plan) shall comply with the requirements of
the Access to Emergency Medical Services Act of 1999, and such
requirements shall be deemed to be incorporated into this subsection.
``(b) Satisfaction of Requirements.--For purposes of subsection
(a), insofar as a group health plan provides benefits in the form of
health insurance coverage through a health insurance issuer, the plan
shall be treated as meeting the requirements of the Access to Emergency
Medical Services Act of 1999 with respect to such benefits and not be
considered as failing to meet such requirements because of a failure of
the issuer to meet such requirements so long as the plan sponsor or its
representatives did not cause such failure by the issuer.''.
(b) Conforming Amendment.--Section 732(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended
by striking ``section 711'' and inserting ``sections 711 and 714''.
(c) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 is amended by inserting
after the item relating to section 713 the following new item:
``Sec. 714. Emergency services.''.
SEC. 5. STANDARDS UNDER THE INTERNAL REVENUE CODE OF 1986.
Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is
amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Standard relating to emergency services.''; and
(2) by inserting after section 9812 the following:
``SEC. 9813. STANDARD RELATING TO EMERGENCY SERVICES.
``A group health plan shall comply with the requirements of the
Access to Emergency Medical Services Act of 1999, and such requirements
shall be deemed to be incorporated into this section.''.
SEC. 6. EFFECTIVE DATE.
(a) Group Health Coverage.--
(1) In general.--Subject to paragraph (2), the amendments
made by sections 3(a), 4, and 5 (and section 2 insofar as it
relates to such sections) shall apply to group health plans and
health insurance coverage offered in connection with group
health plans for plan years beginning on or after January 1,
2000.
(2) Treatment of collective bargaining agreements.--In the
case of a group health plan maintained pursuant to 1 or more
collective bargaining agreements between employee
representatives and 1 or more employers ratified before the
date of the enactment of this Act, the amendments made by
sections 3(a), 4, and 5 (and section 2 insofar as it relates to
such sections) shall not apply to plan years beginning before
the later of--
(A) the date on which the last collective
bargaining agreement relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act);
or
(B) January 1, 2000.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan that amends the plan solely to conform to any requirement
of this Act shall not be treated as a termination of such
collective bargaining agreement.
(b) Individual Market.--The amendment made by section 3(b) (and
section 2 insofar as it relates to such section) shall apply with
respect to health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market on or after January 1,
2000. | Access to Emergency Medical Services Act of 1999 - Provides that if a group health plan or health insurance coverage offered by a health insurance issuer provides any benefits with respect to emergency services, the plan or issuer shall cover such services: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating provider with respect to such services; (3) in a manner so that if such services are provided by a nonparticipating provider, the participant, beneficiary, or enrollee is not liable for amounts that exceed the liability that would be incurred if the services were provided by a participating provider; and (4) without regard to any other term or condition of such plan or coverage (other than exclusion or coordination of benefits, a specified affiliation or waiting period, and applicable cost sharing).
Requires such plans or issuers, in the case of maintenance or post-stabilization care services other than emergency services, to provide for reimbursement for services provided by nonparticipating providers in a manner consistent with specified guidelines relating to promoting efficient and timely coordination of maintenance and post- stabilization care of an enrollee under the Social Security Act or such guidelines as the Secretary of Health and Human Services shall establish.
Requires information regarding coverage of emergency services to be made available annually by plans and issuers.
Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to deem requirements of the Access to Emergency Medical Services Act of 1999 to be incorporated into such Acts and the Internal Revenue Code. |
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 ``Innovative Technologies Investment
Incentive Act of 2010''.
SEC. 2. CREDIT FOR INVESTMENTS IN HIGH TECHNOLOGY AND BIOTECHNOLOGY
BUSINESS CONCERNS DEVELOPING INNOVATIVE TECHNOLOGIES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding after section
30D the following new section:
``SEC. 30E. INVESTMENTS IN HIGH TECHNOLOGY AND BIOTECHNOLOGY BUSINESS
CONCERNS DEVELOPING INNOVATIVE TECHNOLOGIES.
``(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 qualified equity investments made by the
taxpayer during the taxable year.
``(b) Limitations.--
``(1) National limitation.--
``(A) In general.--There is a national innovative
technology investment credit limitation of
$500,000,000.
``(B) Allocation of limitation and issuance of
certificate.--Under regulations, the Administrator of
the Small Business Administration shall make
allocations of the national innovative technology
investment credit limitation among qualified equity
investments and shall issue an innovative technology
investment credit certificate for each such allocation.
``(C) Per business investment limitation.--The
amount of the national innovative technology investment
credit limitation allocated to a qualified technology
small business concern shall not exceed 50 percent of
the total amount awarded to such concern under the
Small Business Innovation Research (SBIR) program under
section 9 of the Small Business Act.
``(D) Certificate required for credit
eligibility.--The amount allowed as a credit under
subsection (a) with respect to any qualified equity
investment shall not exceed the amount of the national
innovative technology investment credit limitation
allocated to such investment and shown on the
innovative technology investment credit certificate
pursuant to subparagraph (E)(ii).
``(E) Innovative technology investment credit
certificate.--For purposes of this subsection, an
innovative technology investment credit certificate is
a certificate which--
``(i) certifies the amount of the qualified
equity investment,
``(ii) relates such investment to an award
under the Small Business Innovation Research
(SBIR) program under section 9 of the Small
Business Act which qualifies for purposes of
this section, and
``(iii) contains such other information as
the Administrator, in consultation with the
Secretary, determines to be necessary or
appropriate to carry out this section.
The amount of any award under the Small Business
Innovation Research program, once related under
subparagraph (B) with a qualified equity investment,
may not thereafter be available for purposes of this
section.
``(2) Limitation based on percentage ownership.--The amount
of the credit under subsection (a) allowed to the taxpayer with
respect to a qualified equity investment in a qualified
technology small business concern shall be zero if, after such
investment, the taxpayer owns (within the meaning of section
318) 50 percent or more of--
``(A) in the case that such concern is a
corporation, the outstanding stock of the corporation
(either by vote or value), and
``(B) in the case that such concern is not a
corporation, the capital and profits interests of such
concern.
``(c) Qualified Equity Investment.--For purposes of this section--
``(1) In general.--The term `qualified equity investment'
means any equity investment in a qualified technology small
business concern made during the investment period if such
investment is acquired by the taxpayer at its original issue
(directly or through an underwriter) solely in exchange for
cash.
``(2) Equity investment.--The term `equity investment'
means--
``(A) any stock (other than nonqualified preferred
stock, as defined in section 351(g)(2)) in an entity
which is a corporation, and
``(B) any capital or profits interest in an entity
which is not a corporation.
``(3) Qualified technology small business concern.--The
term `qualified technology small business concern' means, with
respect to any taxable year, any small business concern (as
defined in section 3 of the Small Business Act) if such
concern--
``(A) is engaged in a high technology or
biotechnology trade or business, and
``(B) employs an average of fewer than 500
employees on business days during such year.
``(4) Investment period.--The term `investment period'
means the period--
``(A) beginning on the date the qualified
technology small business concern first receives funds
pursuant to a funding agreement under the Small
Business Innovation Research (SBIR) program under
section 9 of the Small Business Act, and
``(B) ending on the last day of the 18-month period
beginning on the date on which such funding agreement
ceases to be in effect.
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--Except as provided in paragraph (2), the credit which
would be allowed under subsection (a) for any taxable year
(determined without regard to this subsection) shall be treated
as a credit listed in section 38(b) for such taxable year (and
not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--In the case of an individual who
elects the application of this paragraph, for purposes
of this title, the credit allowed under subsection (a)
for any taxable year (determined after application of
paragraph (1)) shall be treated as a credit allowable
under subpart A for such taxable year.
``(B) 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 subpart A for any
taxable year (determined after application of paragraph
(1)) by reason of subparagraph (A) shall not exceed the
excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section) and
section 27 for the taxable year.
``(C) Carryforward of unused credit.--If the credit
allowable under subsection (a) by reason of
subparagraph (A) exceeds the limitation imposed by
section 26(a)(1) or subparagraph (B), whichever is
applicable, for such taxable year, reduced by the sum
of the credits allowable under subpart A (other than
this section) for such taxable year, such excess shall
be carried to each of the succeeding 20 taxable years
to the extent that such unused credit may not be taken
into account under subsection (a) by reason of
subparagraph (A) for a prior taxable year because of
such limitation.
``(e) Special Rules.--
``(1) Related parties.--For purposes of this section--
``(A) In general.--All related persons shall be
treated as 1 person.
``(B) Related persons.--A person shall be treated
as related to another person if the relationship
between such persons would result in the disallowance
of losses under section 267 or 707(b).
``(2) Basis.--For purposes of this subtitle, the basis of
any investment with respect to which a credit is allowable
under this section shall be reduced by the amount of such
credit so allowed.
``(3) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any qualified equity
investment which is held by the taxpayer less than 3 years,
except that no benefit shall be recaptured in the case of--
``(A) transfer of such investment by reason of the
death of the taxpayer,
``(B) transfer between spouses, or
``(C) transfer incident to the divorce (as defined
in section 1041) of such taxpayer.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including
regulations--
``(1) which prevent the abuse of the purposes of this
section, and
``(2) which impose appropriate reporting requirements.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (35), by striking
the period at the end of paragraph (36) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(37) the portion of the qualified equity investment
credit to which section 30E(d)(1) applies.''.
(c) Conforming Amendments.--
(1) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
inserting after paragraph (37) the following new paragraph:
``(38) to the extent provided in section 30E(d)(2).''.
(2) Section 24(b)(3)(B) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(3) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``30E,'' after ``30D,''.
(4) Section 25A(i)(5)(B) of such Code is amended by
striking ``and 30D'' and inserting ``, 30D, and 30E''.
(5) Section 25A(i)(5) of such Code is amended by inserting
``30E,'' after ``30D,''.
(6) Section 25B(g)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(7) Section 26(a)(1) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(8) Section 30(c)(2)(B)(ii) of such Code is amended by
striking ``and 30D'' and inserting ``, 30D, and 30E''.
(9) Section 30B(g)(2)(B)(ii) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(10) Section 30D(d)(2)(B)(ii) of such Code is amended by
striking ``and 25D'' and inserting ``, 25D, and 30E''.
(11) Section 904(i) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(12) Section 1400C(d)(2) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(d) 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 30D the following new
item:
``Sec. 30E. Investments in high technology and biotechnology business
concerns developing innovative
technologies.''.
(e) Effective Date.--The amendments made by this section shall
apply to investments made after December 31, 2009, in taxable years
ending after such date. | Innovative Technologies Investment Incentive Act of 2010 - Amends the Internal Revenue Code to allow a new business-related tax credit for 25% of the equity investment (i.e., stock and capital or profits interest) in a small business concern that is engaged in a high technology or biotechnology trade or business and employs an average of fewer than 500 employees in a taxable year. Establishes a national innovative technology investment credit limitation of $500 million. |
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 ``Felon Identification and Police
Safety Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) State laws requiring a waiting period before the
purchase of a firearm have endangered the lives of law-abiding
Americans by preventing them from protecting themselves, as
demonstrated by the following examples:
(A) In 1991, Bonnie Elmasri of Wisconsin tried to
get a handgun to protect herself from her estranged
husband, but he returned home and killed her and her 2
children before the 48-hour waiting period required by
State law had expired.
(B) In 1990, Catherine Latta of North Carolina
tried to buy a firearm but was told by police that it
would take her 2 to 4 weeks to get the necessary
permit. After telling the clerk she ``would be dead by
then,'' she illegally bought a handgun on the street. 5
hours later she was attacked again by the man who had
already robbed, assaulted, and raped her. She used her
handgun to protect herself by shooting and killing him.
Had she not had a handgun, the outcome would have been
much different.
(C) Residents of Los Angeles were forced to wait 15
days during the 1991 riots before they could legally
buy a firearm for protection, in spite of the fact that
police were admitting that they could not protect the
people.
(2) A point-of-sale instant background check can easily
lead to a gun owner registration system. Commenting on the
Virginia State instant check system, the Congressional Office
of Technology Assessment said ``The Virginia transaction log
does not include the names of firearm purchasers, but the
potential exists regardless of legal prohibitions.''.
(3) Laws requiring a waiting period before the purchase of
a firearm have not prevented crime rates in various States that
have enacted such laws from increasing far above the national
average increase in crime rates.
(4) Police cannot protect, and are not legally responsible
for protecting, individual citizens, as evidenced by the
following:
(A) The courts have consistently ruled that the
police do not have an obligation to protect
individuals, only the public in general. In Warren v.
District of Columbia Metropolitan Police Department
(D.C. App. 444 A. 2d 1 (1981)), the court stated
``courts have without exception concluded that when a
municipality or other governmental entity undertakes to
furnish police services, it assumes a duty only to the
public at large and not to individual members of the
community''.
(B) Former Florida Attorney General Jim Smith told
Florida legislators that police responded to only
200,000 of 700,000 calls for help to Dade County
authorities.
(C) The Department of Justice found that, in 1989,
there were 168,881 crimes of violence which were not
responded to by police within 1 hour.
(D) Currently, there are about 150,000 police
officers on duty to protect a population of more than
250,000,000 Americans.
SEC. 3. SYSTEM FOR IDENTIFYING FELONS AND PERSONS ADJUDICATED MENTALLY
INCOMPETENT.
(a) In General.--The laws and procedures of a State are of the type
described in this subsection if the laws and procedures, in substance,
provide the following:
(1) Records check required before issuance of driver's
license and identification documents; use of magnetic strips to
identify prohibited persons.--Before the State transportation
agency issues, reissues, or reinstates a license, the agency
shall--
(A) conduct a record check to determine whether the
applicant therefor is a prohibited person by examining
the State list referred to in paragraph (4) of this
subsection and the national list referred to in
subsection (b)(1); and
(B) affix to the license of the person a magnetic
strip on which is encoded information that--
(i) identifies the licensee as a prohibited
person or as a nonprohibited person; and
(ii) may be discerned only through the use
of an electronic device that--
(I) is read only;
(II) does not have storage or
communication capabilities; and
(III) signals the user of the
device with--
(aa) a green light if the
device reads a magnetic strip
that does not identify the
person as a prohibited person;
and
(bb) a red light if the
device reads a magnetic strip
that identifies the person as a
prohibited person.
(2) Effects of felony conviction or adjudication of mental
incompetency.--
(A) Seizure and voiding of driver's license.--If a
State court convicts a person of a crime punishable by
imprisonment for a term exceeding 1 year or adjudicates
a person as mentally incompetent, the court shall seize
any license issued to the person by the State
transportation agency, and any such license shall be
void.
(B) Issuance of new license upon request.--Upon
request of a person referred to in subparagraph (A),
the State transportation agency shall issue to the
person (if otherwise eligible therefor) another such
license affixed to which is a magnetic strip
identifying the person as a prohibited person.
(3) Funding of records checks.--
(A) Increase in fines imposed upon convicted
felons.--Any person convicted in the State of a crime
punishable by imprisonment for a term exceeding 1 year
shall, in addition to any sentence imposed under any
other provision of State law, be fined an amount
sufficient to cover the expenses of criminal records
checks conducted pursuant to paragraph (1)(A), taking
all such convictions into account on an annual basis.
(B) Surcharge imposed on prohibited persons to
obtain a driver's license.--In addition to any fee
required to be paid by a person to obtain a license,
the State transportation agency shall require a
prohibited person to pay surcharge in an amount
determined by the State to be sufficient to cover the
expenses of criminal records checks conducted by the
agency pursuant to paragraph (1)(A), taking into
account fines imposed under subparagraph (B) of this
paragraph.
(4) Requirement to maintain and update computerized list of
prohibited persons.--The State shall create and maintain a
computerized list of all persons who are prohibited persons by
reason of a conviction or adjudication in the State, and,
within 2 years after the date of the enactment of this Act,
shall achieve and maintain at least 80 percent currency of case
dispositions in the computerized list for all cases in which
there has been an entry of activity within the then immediately
preceding 5 years.
(b) Duties of the Attorney General.--The Attorney General of the
United States shall--
(1) create a national, computerized list of prohibited
persons;
(2) incorporate State criminal history records into the
Federal criminal records system maintained by the Federal
Bureau of Investigation;
(3) develop hardware and software systems to link State
lists referred to in subsection (a)(4) with the national list
referred to in paragraph (1) of this subsection; and
(4) provide any responsible State agency with access to the
national list, upon request.
(c) Procedures for Correcting Erroneous Records.--
(1) Request for information.--Any person identified as a
prohibited person in records maintained under this section may
request the Attorney General of the United States to notify the
person of the reasons therefor.
(2) Compliance with request.--Within 5 days after receipt
of a request under paragraph (1), the Attorney General shall
comply with the request.
(3) Submission of additional information.--Any person
described in paragraph (1) may submit to the Attorney General
information to correct, clarify, or supplement records
maintained under this section with respect to the person.
(4) Consideration and use of additional information.--
Within 5 days after receipt of such information, the Attorney
General shall consider the information, investigate the matter
further, correct any and all erroneous Federal records relating
to such person, and notify any Federal department or agency or
any State that was the source of the erroneous records of the
errors.
(d) Judicial Review.--Any person erroneously identified as a
prohibited person in records maintained pursuant to this section may
bring an action in any United States district court against the United
States, or any State or political subdivision thereof which is the
source of the erroneous information, for damages (including
consequential damages), injunctive relief, and such other relief as the
court deems appropriate. If the person prevails in the action, the
court shall allow the person a reasonable attorney's fee as part of the
costs.
(e) Definitions.--As used in this section:
(1) License.--The term ``license'' means a license or
permit to operate a motor vehicle on the roads and highways of
the State, and any identification document issued by a State
transportation agency solely for purposes of identification.
(2) Prohibited person.--The term ``prohibited person''
means a person who--
(A) has been convicted of a crime punishable under
Federal or State law by imprisonment for a term
exceeding 1 year; or
(B)(i) has been adjudicated mentally incompetent;
and
(ii)(I) has not been restored to capacity by court
order; or
(II) has been so restored to capacity for less than
5 years.
(3) State transportation agency.--The term ``State
transportation agency'' means the State agency responsible for
issuing a license, permit, or identification document described
in paragraph (1).
(f) Justice Assistance Funds Withheld From Certain States Unless
Certain Laws and Procedures are in Effect.--2 years after the date of
the enactment of this Act, the Director of the Bureau of Justice
Assistance shall reduce by 25 percent the annual allocation to a State
for a fiscal year under title I of the Omnibus Crime Control and Safe
Streets Act of 1968 if the State has in effect, as of such date of
enactment, a waiting period, or a system for identifying felons, before
the purchase of a handgun, and the State does not, by the end of such
2-year period, have in effect all of the laws and procedures of the
type described in subsection (a). If, at any time after such 2-year
period, any State has in effect a waiting period before the purchase of
a handgun, or a system for identifying felons or persons adjudicated
mentally incompetent other than as provided pursuant to laws and
procedures of the type described in subsection (a), the Director of the
Bureau of Justice Assistance shall reduce by 25 percent the annual
allocation to the State for a fiscal year under title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
SEC. 4. LICENSED FIREARMS DEALERS REQUIRED TO CHECK MAGNETIC STRIP ON
DRIVER'S LICENSE OF ANY PERSON ATTEMPTING TO PURCHASE A
HANDGUN.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(s)(1) It shall be unlawful for any licensed dealer knowingly
to--
``(A) sell a handgun to any person not licensed under
section 923, unless the licensed dealer has used an electronic
device described in section 3(a)(1)(B)(ii) of Felon
Identification and Police Safety Act of 1993 to read the
magnetic strip affixed to an identification document issued to
the person by the transportation agency of the State in which
the premises of the licensed dealer is located; or
``(B) fail to notify local law enforcement authorities,
within 72 hours, of any person attempting to purchase a handgun
who is identified as a prohibited person through the use of
such a device.
``(2) As used in paragraph (1):
``(A) The term `handgun' means a firearm which has
a short stock and is designed to be held and fired by
the use of a single hand.
``(B) The term `identification document' means a
license or permit to operate a motor vehicle, and any
identification document issued solely for purposes of
identification.
``(C) The term `transportation agency' means the
agency responsible for issuing commercial or
noncommercial identification documents.
``(3) Paragraph (1) shall not apply in any State that does not have
in effect the laws and procedures required by section 3(a) of the Felon
Identification and Police Safety Act of 1993.''.
(b) Penalty.--Section 924(a) of such title is amended--
(1) in paragraph (1), by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following:
``(5) Any licensed dealer who violates section 922(s) shall be
imprisoned not more than 1 year, fined not more than $1,000, or
both.''.
(c) Effective Date.--The amendments made by this section apply to
conduct engaged in after the 2-year period that begins with the date of
the enactment of this Act. | Felon Identification and Police Safety Act of 1993 - Requires the Director of the Bureau of Justice Assistance to reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the State has in effect a waiting period, or a system for identifying felons, before the purchase of a handgun and if the State does not have in effect specified laws and procedures regarding: (1) a records check requirement before the issuance of a driver's license and the use of magnetic strips to identify prohibited persons; (2) seizure and voiding of the driver's license upon a felony conviction or adjudication of mental incompetency; (3) funding of records checks; and (4) a requirement that the State maintain and update a computerized list of prohibited persons by reason of a conviction or adjudication in the State.
Directs the Attorney General to: (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists with the national list; and (4) provide any responsible State agency with access to the national list upon request.
Sets forth provisions regarding: (1) procedures for correcting erroneous records; and (2) judicial review with respect to persons erroneously identified as prohibited persons.
Amends the Federal criminal code to prohibit (with exceptions) any licensed dealer from knowingly: (1) selling a handgun to an unlicensed person unless the dealer has used an electronic device to read the magnetic strip affixed to an identification document issued to such person by the transportation agency of the State in which the premises of the dealer is located; or (2) failing to notify local law enforcement authorities, within 72 hours, of any person attempting to purchase a handgun who is identified as a prohibited person through the use of such a device. Sets penalties for violations. |
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 ``Modern Employment, Reform,
Improvement, and Transformation Act of 2018'' or the ``MERIT Act of
2018''.
SEC. 2. ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT
``Sec. 7551. Removal for performance or misconduct
``(a) Definitions.--In this section:
``(1) Employee.--The term `employee' means any individual
covered by subchapter II or V of this chapter.
``(2) Misconduct.--The term `misconduct' includes neglect
of duty, malfeasance, failure to accept a directed
reassignment, the commitment of a prohibited personnel
practice, a violation of protocol, and failure to accompany a
position in a transfer of function.
``(b) Authority.--The head of an agency may remove an employee from
the civil service if the head of the agency determines the performance
or misconduct of the individual warrants the removal.
``(c) Procedure.--
``(1) In general.--Not later than 7 days and not earlier
than 21 days before taking a personnel action described in
subsection (b) against an employee, the head of the agency
employing the employee shall provide the employee with--
``(A) notice in writing of the proposed personnel
action, including the reasons for the proposed action
and the forecasted final date of employment; and
``(B) an opportunity to respond to the proposed
personnel action within the remaining employment period
beginning on the date of receipt of notice.
``(2) Appeal.--
``(A) In general.--Subject to subparagraph (B), any
removal under subsection (b) may be appealed to the
Merit Systems Protection Board under section 7701.
``(B) Timing.--An appeal under subparagraph (A) of
a removal may only be made if the appeal is made not
later than 7 days after the date of the removal.
``(3) Limit on removal procedures.--The procedures under
section 7513(b) or section 7543(b) shall not apply to a removal
under this section.
``(d) Expedited Review by Merit Systems Protection Board.--
``(1) Appeal decision timing.--Upon receipt of an appeal
under subsection (c)(2)(A), the Merit Systems Protection Board
shall issue a decision not later than 30 days after the date of
the appeal.
``(2) Evidentiary standard.--Notwithstanding section
7701(c)(1)(B), the Merit Systems Protection Board shall uphold
the decision of the head of an agency to remove an employee
under subsection (b) if the decision is supported by
substantial evidence.
``(3) Final removal.--In any case in which the Merit
Systems Protection Board cannot issue a decision in accordance
with the 30-day requirement under paragraph (1), the removal is
final.
``(4) Report required.--In the case of a final removal
under paragraph (3), the Merit Systems Protection Board shall,
within 14 days after the date that the removal is final, submit
to Congress, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of Representatives
a report that explains the reasons why a decision was not
issued in accordance with the requirement under paragraph (1).
``(5) No stay of removal during appeal.--The Merit Systems
Protection Board may not stay any removal under this section
unless the basis for the appeal of the removal is a violation
of paragraph (8) or (9) of section 2302(b).
``(6) Requirement for removed individual during appeal.--
During the period beginning on the date on which an individual
appeals a removal from the civil service under subsection
(c)(2)(A) and ending on the date that the Merit Systems
Protection Board issues a final decision on the appeal, the
individual may not receive any pay, awards, bonuses,
incentives, allowances, differentials, student loan repayments,
special payments, or benefits.
``(7) Provision of information.--To the maximum extent
practicable, the head of an agency shall provide to the Merit
Systems Protection Board such information and assistance as may
be necessary to ensure an appeal under this subsection is
expedited.
``(e) Additional Authority.--The authority provided by this section
is in addition to the authority otherwise provided under this
chapter.''.
(b) Conforming Amendment.--The table of sections for chapter 75 of
title 5, United States Code, is amended by adding at the end the
following:
``subchapter vi--alternative removal for performance or misconduct
``7551. Removal for performance or misconduct.''. | Modern Employment, Reform, Improvement, and Transformation Act of 2018 or the MERIT Act of 2018 This bill provides new, alternative authority for an agency to remove a federal civil service employee based on performance or misconduct. |
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 ``Accelerating the End of Breast
Cancer Act of 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Establishment.
Sec. 5. Mission; duties.
Sec. 6. Membership.
Sec. 7. Chairperson and commissioners.
Sec. 8. Coordination and nonduplication.
Sec. 9. Evaluation of the commission.
Sec. 10. Termination.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) In the United States, the chance of a woman developing
breast cancer during her lifetime has increased from 1 in 11 in
1975 to 1 in 8 today.
(2) Worldwide, breast cancer is the most frequently
diagnosed cancer in women with 1.3 million cases each year and
the leading cause of cancer death with more than 500,000 women
dying from the disease in 2010.
(3) More than 90 percent of deaths from breast cancer are
caused by metastasis, when breast cancer has spread to other
organs or bone.
(4) The National Cancer Institute estimated that breast
cancer care in the United States cost $16.5 billion in 2009 and
cost the Nation $12.1 billion in lost productivity.
(5) Very little has improved in terms of breast cancer
incidence, morbidity, and mortality rates over the past 40
years.
SEC. 4. ESTABLISHMENT.
The President shall establish a commission to be known as the
Commission to Accelerate the End of Breast Cancer (in this Act referred
to as the ``the Commission'').
SEC. 5. MISSION; DUTIES.
(a) Mission.--The mission of the Commission shall be to help end
breast cancer by January 1, 2020.
(b) Duties.--The Commission shall--
(1) identify opportunities and ideas within government and
the private sector that are key components in achieving the end
of breast cancer and which have been overlooked, yet are ripe
for collaboration and investment, and
(2) recommend projects to leverage such opportunities and
ideas in the areas of--
(A) the primary prevention of breast cancer; and
(B) the causes and prevention of breast cancer
metastasis.
(c) Means.--In carrying out the duties described in subsection (b),
the Commission shall--
(1) identify revolutionary opportunities and ideas in
fundamental and applied sciences and epidemiology with a focus
on ending breast cancer;
(2) identify timely opportunities and scientific
discoveries which can be turned into real world strategies to
prevent breast cancer and prevent breast cancer metastasis and
deaths;
(3) promote ideas that are intellectually compelling,
innovative, and imaginative;
(4) accelerate potential transformational scientific
advances--
(A) not being prioritized within the Federal
Government, but which can help to achieve the mission
described in subsection (a); and
(B) unlikely to be achieved by the private sector
due to technical and financial uncertainty;
(5) identify promising, underdeveloped areas of research
that would benefit from a cluster of government, industry, and
academia forming innovation communities to rapidly advance
knowledge into practice, while creating new opportunities for
job creation and advancement;
(6) identify opportunities for transdisciplinary cross-
cutting collaborations; and
(7) identify opportunities for seed grants to leverage
identified opportunities and ideas.
(d) Strategic Vision.--Not later than 6 months after the
appointment of the initial members of the Commission, the Commission
shall submit to the President and the relevant authorizing and
appropriations committees of the Congress a description of the
Commission's strategic vision for making progress in achieving the
mission described in subsection (a) by January 1, 2020.
(e) Annual Reports.--The Commission shall submit an annual report
to the President, the Congress, and the public describing the
Commission's activities under this section, including its progress in
achieving the mission described in subsection (a).
SEC. 6. MEMBERSHIP.
(a) Number; Appointment.--The Commission shall be composed of not
more than 10 members, of which--
(1) not more than 8 shall be appointed by the President;
(2) 1 shall be appointed by the Speaker of the House of
Representatives; and
(3) 1 shall be appointed by the majority leader of the
Senate.
(b) Composition.--
(1) In general.--Each member of the Commission shall be
appointed to represent one of the following 3 categories:
(A) Representatives of varied disciplines within
the biomedical research field.
(B) Representatives of varied disciplines outside
of the biomedical research field.
(C) Educated patient advocates, meaning individuals
who--
(i) represent a patient-led, patient-
centered organization with a patient
constituency;
(ii) have been personally affected by
breast cancer; and
(iii) are trained, knowledgeable, and
prepared to participate in the decisionmaking
process of science and medicine.
(2) Representation of membership categories.--Of the
members of the Commission--
(A) at least 1 but not more than 3 shall be
appointed to represent the category described in
paragraph (1)(A);
(B) at least 1 but not more than 3 shall be
appointed to represent the category described in
paragraph (1)(B); and
(C) at least 2 but not more than 4 shall be
appointed to represent the category described in
paragraph (1)(C).
(c) Initial Members.--The initial members of the Commission shall
be appointed not later than 60 days after the date of the enactment of
this Act.
(d) Terms.--
(1) In general.--Each member of the Commission shall be
appointed for a term of 3 years and may be reappointed.
(2) Vacancies.--Any member of the Commission appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has
taken office. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(e) Quorum.--Three members of the Commission shall constitute a
quorum.
SEC. 7. CHAIRPERSON AND COMMISSIONERS.
(a) Chairperson.--
(1) Designation.--Of the members of the Commission
appointed under section 6(a), the President shall at the time
of appointment, designate one to serve as Chairperson of the
Commission.
(2) Qualifications.--The Chairperson shall be an individual
who, by reason of professional background and experience, is
especially qualified to manage areas of study pertaining to
ending breast cancer by January 1, 2020.
(3) Responsibilities.--The responsibilities of the
Chairperson shall include--
(A) approving all new study projects and areas of
study of the Commission based on innovation, impact,
and scientific and technical merit;
(B) developing criteria (including milestones) for
assessing, and overseeing assessment of, the success of
the study projects and areas of study of the
Commission;
(C) identifying opportunities for seed grants and
other funding through awards, prizes, grants, and
contracts to achieve the mission described in section
5(a); and
(D) terminating study projects and areas of study
of the Commission that are not achieving the mission
described in section 5(a).
(b) Commissioners.--
(1) In general.--The Chairperson of the Commission may
appoint members of the Commission to oversee one or more areas
of study of the Commission.
(2) Responsibilities.--A member appointed under paragraph
(1) shall, with respect to one or more areas of study, be
responsible for--
(A) recommending novel proposals, projects, and
collaborations based on scientific and technical merit
to achieve the mission described in section 5(a) with a
focus on strategies for the primary prevention of
breast cancer, and methods to prevent breast cancer
metastasis;
(B) identifying ideas and opportunities to achieve
the mission described in section 5(a) that are
intellectually compelling, innovative, and imaginative,
including such ideas and opportunities not being
prioritized for breast cancer relevance within Federal
agencies or programs or the private sector;
(C) working with other relevant Federal agencies to
identify areas of concurrent interests in order to
maximize Federal investment and stimulate collaborative
projects;
(D) identifying opportunities for
transdisciplinary, cross-cutting collaborations; and
(E) monitoring the progress of study projects and
areas of study and recommending restructure or
termination.
SEC. 8. COORDINATION AND NONDUPLICATION.
To the maximum extent practicable, the Commission shall ensure that
the activities of the Commission are coordinated with, and do not
duplicate the efforts of, programs and laboratories of other government
agencies.
SEC. 9. EVALUATION OF THE COMMISSION.
(a) In General.--The President shall seek to enter into an
agreement with the Institute of Medicine of the National Academy of
Sciences under which the Institute, after the Commission has been in
operation for 3 years, completes an evaluation of how well the
Commission is making progress towards achieving the mission described
in section 5(a).
(b) Inclusions.--The evaluation under subsection (a) shall
include--
(1) a recommendation on whether the Commission should be
continued or terminated; and
(2) a description of lessons learned from operation of the
Commission.
(c) Availability.--On completion of the evaluation under subsection
(a), the Commission shall make the evaluation available to the Congress
and the public.
SEC. 10. TERMINATION.
The Commission shall terminate on June 1, 2020. | Accelerating the End of Breast Cancer Act of 2011 - Directs the President to establish the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020.
Directs the Commission to: (1) identify opportunities and ideas within government and the private sector that are key components in achieving the end of breast cancer and which have been overlooked, yet are ripe for collaboration and investment; (2) recommend projects to leverage such opportunities and ideas in the areas of the primary prevention of breast cancer and the causes and prevention of breast cancer metastasis; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies.
Directs the President to enter into an agreement with the Institute of Medicine for an evaluation of the Commission's progress.
Terminates the Commission on June 1, 2020. |
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 ``North American Energy Infrastructure
Act''.
SEC. 2. FINDING.
Congress finds that the United States should establish a more
uniform, transparent, and modern process for the construction,
connection, operation, and maintenance of oil and natural gas pipelines
and electric transmission facilities for the import and export of oil
and natural gas and the transmission of electricity to and from Canada
and Mexico, in pursuit of a more secure and efficient North American
energy market.
SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE
NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsection (c) and
section 7, no person may construct, connect, operate, or maintain a
cross-border segment of an oil pipeline or electric transmission
facility for the import or export of oil or the transmission of
electricity to or from Canada or Mexico without obtaining a certificate
of crossing for the construction, connection, operation, or maintenance
of the cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border
segment for which a request is received under this section, the
relevant official identified under paragraph (2), in
consultation with appropriate Federal agencies, shall issue a
certificate of crossing for the cross-border segment unless the
relevant official finds that the construction, connection,
operation, or maintenance of the cross-border segment is not in
the public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil
pipelines; and
(B) the Secretary of Energy with respect to
electric transmission facilities.
(3) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable policies
and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or
Independent System Operator with operational or
functional control over the cross-border segment of the
electric transmission facility.
(c) Exclusions.--This section shall not apply to any construction,
connection, operation, or maintenance of a cross-border segment of an
oil pipeline or electric transmission facility for the import or export
of oil or the transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for such
import, export, or transmission as of the date of enactment of
this Act;
(2) if a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for such construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 6
for such construction, connection, operation, or maintenance is
pending on the date of enactment of this Act, until the earlier
of--
(A) the date on which such application is denied;
or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 7 shall affect the application of any other Federal
statute to a project for which a certificate of crossing for
the construction, connection, operation, or maintenance of a
cross-border segment is sought under this section.
(2) Natural gas act.--Nothing in this section or section 7
shall affect the requirement to obtain approval or
authorization under sections 3 and 7 of the Natural Gas Act for
the siting, construction, or operation of any facility to
import or export natural gas.
(3) Energy policy and conservation act.--Nothing in this
section or section 7 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act.
SEC. 4. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended
by adding at the end the following: ``No order is required under
subsection (a) to authorize the export or import of any natural gas to
or from Canada or Mexico.''.
SEC. 5. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202(e) of the
Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(b) Conforming Amendments.--
(1) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that follows
through the period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed transmission
facilities would not impair the sufficiency of electric supply
within the United States or would not impede or tend to impede
the coordination in the public interest of facilities subject
to the jurisdiction of the Secretary.''.
SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under Executive
Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3
U.S.C. 301 note), section 301 of title 3, United States Code, Executive
Order No. 12038, Executive Order No. 10485, or any other Executive
order shall be necessary for the construction, connection, operation,
or maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
SEC. 7. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 3, or permit described in
section 6, shall be required for a modification to the construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of the Act;
(2) for which a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously been
issued under section 3.
SEC. 8. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 3 through 7, and the amendments made
by such sections, shall take effect on July 1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described in
section 3(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a proposed
rulemaking to carry out the applicable requirements of section
3; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to carry
out the applicable requirements of section 3.
SEC. 9. DEFINITIONS.
In this Act--
(1) the term ``cross-border segment'' means the portion of
an oil or natural gas pipeline or electric transmission
facility that is located at the national boundary of the United
States with either Canada or Mexico;
(2) the term ``modification'' includes a reversal of flow
direction, change in ownership, volume expansion, downstream or
upstream interconnection, or adjustment to maintain flow (such
as a reduction or increase in the number of pump or compressor
stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
Passed the House of Representatives June 24, 2014.
Attest:
KAREN L. HAAS,
Clerk. | North American Energy Infrastructure Act - (Sec. 3) Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969 (NEPA), unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with the policies and standards of: (1) the Electric Reliability Organization and the applicable regional entity, and (2) any Regional Transmission Organization or Independent System Operator with operational or functional control over the segment. Exempts from such requirement any construction, connection, operation, or maintenance of a cross-border segment if: (1) it is operating for import, export, or electrical transmission upon the date of enactment of this Act; (2) the relevant permit or certificate of crossing has previously been issued under this Act; or (3) an permit application is pending on the date of enactment of this Act, until it is denied or July 1, 2016, whichever occurs first. Retains: (1) the requirement to obtain approval or authorization under the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas, and (2) certain authority of the President under the Energy Policy and Conservation Act (EPCA). (Sec. 4) Amends the Natural Gas Act to declare that no order of the Federal Energy Regulatory Commission (FERC) is required for the export or import of natural gas to or from Canada or Mexico. (Sec. 5) Amends the Federal Power Act to repeal the requirement that the transmission of electric energy to a foreign country necessitates prior authorization by FERC. (Sec. 6) Declares that no Presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment. (Sec. 7) Declares that no certificate of crossing or permit shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility that: (1) operates for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of this Act; (2) for which a permit for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued. (Sec. 8) Sets forth deadlines for rulemaking. |
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 Outreach Improvement Act of
2007''.
SEC. 2. IMPROVEMENT OF OUTREACH ACTIVITIES WITHIN DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 5 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--OUTREACH ACTIVITIES
``Sec. 561. Outreach activities: coordination of activities within the
Department
``(a) Coordination Procedures.--The Secretary shall establish and
maintain procedures for ensuring the effective coordination of the
outreach activities of the Department between and among the following:
``(1) The Office of the Secretary.
``(2) The Office of Public Affairs.
``(3) The Veterans Health Administration.
``(4) The Veterans Benefits Administration.
``(5) The National Cemetery Administration.
``(b) Annual Review of Procedures.--The Secretary shall--
``(1) annually review the procedures in effect under
subsection (a) for the purpose of ensuring that those
procedures meet the requirements of that subsection; and
``(2) make such modifications to those procedures as the
Secretary considers appropriate in light of such review in
order to better achieve that purpose.
``Sec. 562. Outreach activities: cooperative activities with States;
grants to States for improvement of outreach
``(a) Purpose.--It is the purpose of this section to provide for
assistance by the Secretary to State and county veterans agencies to
carry out programs in locations within the respective jurisdictions of
such agencies that offer a high probability of improving outreach and
assistance to veterans, and to the spouses, children, and parents of
veterans, to ensure that such individuals are fully informed about, and
assisted in applying for, any veterans' and veterans-related benefits
and programs (including State veterans' programs) for which they may be
eligible.
``(b) Priority for Areas With High Concentration of Eligible
Individuals.--In providing assistance under this section, the Secretary
shall give priority to State and county veteran agencies in locations--
``(1) that have relatively large concentrations of
populations of veterans and other individuals referred to in
subsection (a); or
``(2) that are experiencing growth in the population of
veterans and other individuals referred to in subsection (a).
``(c) Contracts for Outreach Services.--The Secretary may enter
into a contract with a State or county veterans agency in order to
carry out, coordinate, improve, or otherwise enhance outreach by the
Department and the State or county (including outreach with respect to
a State or county veterans program). As a condition of entering into
any such contract, the Secretary shall require the agency to submit
annually to the Secretary a three-year plan for the use of any funds
provided to the agency pursuant to the contract and to meet the annual
outcome measures developed by the Secretary under subsection (d)(4).
``(d) Grants.--(1) The Secretary may make a grant to a State or
county veterans agency to be used to carry out, coordinate, improve, or
otherwise enhance--
``(A) outreach activities, including activities carried out
pursuant to a contract entered into under subsection (c); and
``(B) activities to assist in the development and submittal
of claims for veterans and veterans-related benefits, including
activities carried out pursuant to a contract entered into
under subsection (c).
``(2) A State veterans agency that receives a grant under this
subsection may award all or a portion of the grant to county veterans
agencies within the State to provide outreach services for veterans, on
the basis of the number of veterans residing in the jurisdiction of
each county.
``(3) To be eligible for a grant under this subsection, a State or
county veterans agency shall submit to the Secretary an application
containing such information and assurances as the Secretary may
require. The Secretary shall require a State or county veterans agency
to include, as part of the agency's application--
``(A) a three-year plan for the use of the grant; and
``(B) a description of the programs through which the
agency will meet the annual outcome measures developed by the
Secretary under paragraph (4).
``(4)(A) The Secretary shall develop and provide to the recipient
of a grant under this subsection written guidance on annual outcome
measures, Department policies, and procedures for applying for grants
under this section.
``(B) The Secretary shall annually review the performance of each
State or county veterans agency that receives a grant under this
section.
``(C) In the case of a State or county veterans agency that is a
recipient of a grant under this subsection that does not meet the
annual outcome measures developed by the Secretary, the Secretary shall
require the agency to submit a remediation plan under which the agency
shall describe how and when it plans to meet such outcome measures. The
Secretary must approve such plan before the Secretary may make a
subsequent grant to that agency under this subsection.
``(5) No portion of any grant awarded under this subsection may be
used for the purposes of administering the grant funds or to subsidize
the salaries of State or county veterans service officers or other
employees of a State or county veterans agency that receives a grant
under this subsection.
``(6) Federal funds provided to a State or county veterans agency
under this subsection may not be used to provide more than 50 percent
of the total cost of the State or county government activities
described in paragraph (1) and shall be used to expand existing
outreach programs and services and not to supplant State and local
funding that is otherwise available.
``(7) In awarding grants under this subsection, the Secretary shall
give priority to State and county veterans agencies that serve the
largest populations of veterans.
``(8)(A) In a case in which a county government does not have a
county veterans agency, the county government may be awarded a grant
under this subsection to establish such an agency.
``(B) In a case in which a county government does not have a county
veterans agency and does not seek to establish such an agency through
the use of a grant under this subsection, the State veterans agency for
the State in which the county is located may use a grant under this
section to provide outreach services for that county.
``(C) In the case of a State in which no State or county veterans
agency seeks to receive a grant under this subsection, the funds that
would otherwise be allocated for that State shall be reallocated to
those States in which county veterans agencies exist and have sought
grants under this subsection.
``(9) A grant under this subsection may be used to provide
education and training, including on-the-job training, for State,
county, and local government employees who provide (or when trained
will provide) veterans outreach services in order for those employees
to obtain accreditation in accordance with procedures approved by the
Secretary and, for employees so accredited, for purposes of continuing
education.
``(e) Definitions.--For the purposes of this section:
``(1) The term `State veterans agency' means the element of the
government of a State that has responsibility for programs and
activities of that State government relating to veterans benefits.
``(2) The term `county veterans agency' means the element of the
government of a county or municipality that has responsibility for
programs and activities of that county or municipal government relating
to veterans benefits.
``Sec. 563. Outreach activities: funding
``(a) Separate Account.--Amounts for the outreach activities of the
Department under this subchapter shall be budgeted and appropriated
through a separate appropriation account.
``(b) Separate Statement of Amount.--In the budget justification
materials submitted to Congress in support of the Department budget for
any fiscal year (as submitted with the budget of the President under
section 1105(a) of title 31), the Secretary shall include a separate
statement of the amount requested to be appropriated for that fiscal
year for the account specified in subsection (a).
``Sec. 564. Definition of outreach
``For purposes of this subchapter, the term `outreach' means the
act or process of taking steps in a systematic manner to provide
information, services, and benefits counseling to veterans, and the
survivors of veterans, who may be eligible to receive benefits under
the laws administered by the Secretary to ensure that those individuals
are fully informed about, and assisted in applying for, any benefits
and programs under such laws for which they may be eligible.
``Sec. 565. Authorization of appropriations
``There is authorized to be appropriated to the Secretary for each
of fiscal years 2008, 2009, and 2010, $25,000,000 to carry out this
subchapter, including making grants under section 562(d) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``subchapter iv--outreach activities
``561. Outreach activities: coordination of activities within the
Department.
``562. Outreach activities: cooperative activities with States; grants
to States for improvement of outreach.
``563. Outreach activities: funding.
``564. Definition of outreach.
``565. Authorization of appropriations.''.
(c) Deadline for Implementation.--The Secretary of Veterans Affairs
shall implement the outreach activities required under subchapter IV of
chapter 5 of title 38, United States Code, as added by subsection (a),
by not later than 120 days after the date of the enactment of this Act.
Passed the House of Representatives May 23, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Veterans Outreach Improvement Act of 2007 - Directs the Secretary of Veterans Affairs to establish, maintain, and modify as necessary procedures for ensuring the effective coordination of outreach activities of the Department of Veterans Affairs between and among the Office of the Secretary, the Office of Public Affairs, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration.
Directs the Secretary to give priority to state and county outreach assistance in locations that: (1) have relatively large concentrations of veterans; or (2) are experiencing growth in veteran populations. Authorizes the Secretary to make grants to state or county veterans agencies for state and local outreach services. Requires each participating agency to submit annually to the Secretary a three-year plan for the use of such funds.
Authorizes appropriations. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. CREDIT FOR INTEREST ON EDUCATION LOANS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. INTEREST ON EDUCATION LOANS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 15 percent of the interest paid
by the taxpayer during the taxable year on any qualified education
loan.
``(b) Maximum Credit.--The credit allowed by subsection (a) for the
taxable year shall not exceed $300.
``(c) Limitation on Taxpayers Eligible for Credit.--No credit shall
be allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
``(d) Limit on Period Credit Allowed.--
``(1) Taxpayer and taxpayer's spouse.--Except as provided
in paragraph (2), a credit shall be allowed under this section
only with respect to interest paid on any qualified education
loan during the first 48 months (whether or not consecutive) in
which interest payments are required. For purposes of this
paragraph, any loan and all refinancings of such loan shall be
treated as 1 loan.
``(2) Dependent.--If the qualified education loan was used
to pay education expenses of an individual other than the
taxpayer or the taxpayer's spouse, a credit shall be allowed
under this section for any taxable year with respect to such
loan only if--
``(A) a deduction under section 151 with respect to
such individual is allowed to the taxpayer for such
taxable year, and
``(B) such individual is at least a half-time
student with respect to such taxable year.
``(e) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' means any indebtedness incurred to pay
qualified higher education expenses--
``(A) which are incurred on behalf of the taxpayer,
the taxpayer's spouse, or a dependent of the taxpayer,
``(B) which are paid or incurred within a
reasonable period of time before or after the
indebtedness is incurred, and
``(C) which are attributable to education furnished
during a period during which the recipient was at least
a half-time student.
Such term includes indebtedness used to refinance indebtedness
which qualifies as a qualified education loan. The term
`qualified education loan' shall not include any indebtedness
owed to a person who is related (within the meaning of section
267(b) or 707(b)(1)) to the taxpayer.
``(2) Qualified higher education expenses.--The term
`qualified higher education expenses' means the cost of
attendance (as defined in section 472 of the Higher Education
Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before
the date of the enactment of this Act) of the taxpayer, the
taxpayer's spouse, or a dependent of the taxpayer at an
eligible educational institution. For purposes of the preceding
sentence, the term `eligible educational institution' has the
same meaning given such term by section 135(c)(3), except that
such term shall also include an institution conducting an
internship or residency program leading to a degree or
certificate awarded by an institution of higher education, a
hospital, or a health care facility which offers postgraduate
training.
``(3) Half-time student.--The term `half-time student'
means any individual who would be a student as defined in
section 151(c)(4) if `half-time' were substituted for `full-
time' each place it appears in such section.
``(4) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(f) Special Rules.--
``(1) Denial of double benefit.--No credit shall be allowed
under this section for any amount for which a deduction is
allowable under any other provision of this chapter.
``(2) Marital status.--Marital status shall be determined
in accordance with section 7703.''
(b) Optional Deduction for Interest on Education Loans.--Paragraph
(2) of section 163(h) of the Internal Revenue Code of 1986 (defining
personal interest) is amended by striking ``and'' at the end of
subparagraph (D), by redesignating subparagraph (E) as subparagraph
(F), and by inserting after subparagraph (D) the following new
subparagraph:
``(E) any interest paid on a qualified education
loan (as defined in section 23(e)) during the period
described in section 23(d), unless a credit or
deduction is taken with respect to such interest under
any other provisions of this chapter, and''.
(c) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Interest on education loans.''
(d) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 23(e) of
the Internal Revenue Code of 1986, as added by this section) incurred
on, before, or after July 1, 1993, but only with respect to any loan
interest payment due after June 30, 1993, and before the termination of
the period described in section 23(d)(1) of such Code. | Amends the Internal Revenue Code to allow a tax credit for interest paid or incurred on any qualified education loan during the first 48 months (whether or not consecutive) for which interest payments are required to be made. Limits such credit to $300.
Allows such tax credit to parents only if the dependent is a student and a personal exemption is claimed for such dependent student.
Excludes interest paid on education loans from the definition of "personal interest" (thus, allowing a deduction to be taken) unless a credit or deduction with respect to such interest is taken. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Tenth Amendment Enforcement
Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in most areas of governmental concern, State
governments possess both the Constitutional authority and the
competence to discern the needs and the desires of the People
and to govern accordingly;
(2) Federal laws and agency regulations, which have
interfered with State powers in areas of State jurisdiction,
should be restricted to powers delegated to the Federal
Government by the Constitution;
(3) the framers of the Constitution intended to bestow upon
the Federal Government only limited authority over the States
and the people;
(4) under the Tenth Amendment to the Constitution, the
powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people; and
(5) the courts, which have in general construed the Tenth
Amendment not to restrain the Federal Government's power to act
in areas of State jurisdiction, should be directed to strictly
construe Federal laws and regulations which interfere with
State powers with a presumption in favor of State authority and
against Federal preemption.
SEC. 3. CONGRESSIONAL DECLARATION.
(a) In General.--On or after January 1, 1997, any statute enacted
by Congress shall include a declaration--
(1) that authority to govern in the area addressed by the
statute is delegated to Congress by the Constitution, including
a citation to the specific Constitutional authority relied
upon;
(2) if the statute interferes with State powers or preempts
any State or local government law, regulation or ordinance,
that Congress specifically finds that the Federal Government is
the better level of government to govern in the area addressed
by the statute; and
(3) if the statute interferes with State powers or preempts
any State or local government law, regulation or ordinance,
that Congress specifically intends to interfere with State
powers or preempt State or local government law, regulation, or
ordinance, and that such preemption is necessary.
(b) Factual Findings.--The Congress shall make specific factual
findings in support of the declarations described in this section.
SEC. 4. POINT OF ORDER.
(a) In General.--It shall not be in order in either the Senate or
House of Representatives to consider any bill, joint resolution, or
amendment that does not include a declaration of Congressional intent
as required under section 3.
(b) Rulemaking.--This section is enacted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, and as such, it is deemed a part
of the rules of the Senate and House of Representatives, but is
applicable only with respect to the matters described in
section 3 and supersedes other rules of the Senate or House of
Representatives only to the extent that such sections are
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
the Senate or House of Representatives to change such rules at
any time, in the same manner as in the case of any rule of the
Senate or House of Representatives.
SEC. 5. ANNUAL REPORT ON STATUTORY PREEMPTION.
(a) Report.--Within 90 days after each Congress adjourns sine die,
the Congressional Research Service shall prepare and make available to
the public a report on the extent of Federal statutory preemption of
State and local government powers enacted into law during the preceding
Congress or adopted through judicial interpretation of Federal
statutes.
(b) Contents.--The report shall contain--
(1) a cumulative list of the Federal statutes preempting,
in whole or in part, State and local government powers;
(2) a summary of Federal legislation enacted during the
previous Congress preempting, in whole or in part, State and
local government powers;
(3) an overview of recent court cases addressing Federal
preemption issues; and
(4) other information the Director of the Congressional
Research Service determines appropriate.
(c) Transmittal.--Copies of the report shall be sent to the
President and the chairman of the appropriate committees in the Senate
and House of Representatives.
SEC. 6. EXECUTIVE PREEMPTION OF STATE LAW.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 559 the following new section:
``SEC. 560. PREEMPTION OF STATE LAW.
``(a) No executive department or agency or independent agency shall
construe any statutory authorization to issue regulations as
authorizing preemption of State law or local ordinance by rulemaking or
other agency action unless--
``(1) the statute expressly authorizes issuance of
preemptive regulations; and
``(2) the executive department, agency or independent
agency concludes that the exercise of State power directly
conflicts with the exercise of Federal power under the Federal
statute, such that the State statutes and the Federal rule
promulgated under the Federal statute cannot be reconciled or
consistently stand together.
``(b) Any regulatory preemption of State law shall be narrowly
tailored to achieve the objectives of the statute pursuant to which the
regulations are promulgated and shall explicitly describe the scope of
preemption.
``(c)(1) When an executive department or agency or independent
agency proposes to act through rulemaking or other agency action to
preempt State law, the department or agency shall provide all affected
States notice and an opportunity for meaningful and timely input by
duly elected or appointed State and local government officials or their
designated representatives in the proceedings.
``(2) The notice of proposed rulemaking shall be forwarded to the
Governor, the Attorney General and the presiding officer of each
chamber of the legislature of each State setting forth the extent and
purpose of the preemption.
``(3) In the table of contents of each Federal Register, there
shall be a separate list of preemptive regulations contained within
that Register.
``(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to participation in rulemaking or other agency action by duly
elected or appointed State and local government officials or their
designated representatives acting in their official capacities.
``(d) Unless a final executive department or agency or independent
agency rule or regulation contains an explicit provision declaring the
Federal Government's intent to preempt State or local government powers
and an explicit description of the extent and purpose of that
preemption, the rule or regulation shall not be construed to preempt
any State or local government law, ordinance or regulation.
``(e)(1) Each executive department or agency or independent agency
shall review the rules and regulations issued by the department or
agency that preempt, in whole or in part, State or local government
powers. Each executive department or agency or independent agency shall
publish in the Federal Register a plan for such review. Such plan may
be amended by the department or agency at any time by publishing a
revision in the Federal Register.
``(2) The purpose of the review under paragraph (1) shall be to
determine whether and to what extent such rules are to continue without
change, consistent with the stated objectives of the applicable
statutes, or are to be altered or repealed to minimize the effect of
the rules on State or local government powers.
``(3) The plan under paragraph (1) shall provide for the review of
all such department or agency rules and regulations within 10 years
after the date of publication of such rules and regulations as final
rules. For rules and regulations in effect more than 10 years on the
effective date of this section, the plan shall provide for review
within 3 years after such effective date.
``(f) Any Federal rule or regulation promulgated after January 1,
1997, that is promulgated in a manner inconsistent with this section
shall not be binding on any State or local government, and shall not
preempt any State or local government law, ordinance, or regulation.''.
(b) Conforming Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by adding after the item for
section 559 the following:
``560. Preemption of State law.''.
SEC. 7. CONSTRUCTION.
(a) In General.--No statute, or rule promulgated under such
statute, enacted after the date of enactment of this Act, shall be
construed by courts or other adjudicative entities to preempt, in whole
or in part, any State or local government law, ordinance or regulation
unless the statute, or rule promulgated under such statute, contains an
explicit declaration of intent to preempt, or unless there is a direct
conflict between such statute and a State or local government law,
ordinance, or regulation, such that the two cannot be reconciled or
consistently stand together.
(b) Construction in Favor of States and People.--Notwithstanding
any other provisions of law, any ambiguities in this Act, or in any
other law of the United States, shall be construed in favor of
preserving the authority of the States and the people.
(c) Severability.--If any provision of this Act, or the application
thereof to any person or circumstance, is held invalid, the validity of
the remainder of the Act and the application of such provision to other
persons and circumstances shall not be affected thereby.
SEC. 8. APPROPRIATION BY STATE LEGISLATURES.
Any funds received by a State under Federal law shall be subject to
appropriation by the State legislature, consistent with the terms and
conditions required under such applicable provisions of law. | Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations.
Directs the Congressional Research Service to prepare and make publicly available an annual report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes.
Amends Federal law to prohibit any executive department or agency (Federal agency) from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together.
Requires all States to be provided with notice and the opportunity to make meaningful and timely input when a Federal agency proposes preemptive rule making or other agency action.
Prohibits applying the Federal Advisory Committee Act to participation in rulemaking or other agency action by State or local government officials or their designated representatives.
Requires each Federal agency to publish in the Federal Register a plan for review of rules and regulations preempting State or local government powers. Requires the plan to provide for the review of such rules and regulations within ten years after the publication of such rules and regulations as final rules. Requires review, within three years of the effective date of this Act, of rules and regulations in effect more than ten years as of such effective date.
Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. |
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 ``Timely Repatriation Act''.
SEC. 2. TIMELY REPATRIATION.
(a) Listing of Countries.--Beginning on the date that is 6 months
after the date of enactment of this Act, and every 6 months thereafter,
the Secretary of Homeland Security shall publish a report including the
following:
(1) A list of the following:
(A) Countries that have refused or unreasonably
delayed repatriation of an alien who is a national of
that country since the date of enactment of this Act
and the total number of such aliens, disaggregated by
nationality.
(B) Countries that have an excessive repatriation
failure rate.
(2) A list of each country that was included under
subparagraph (B) or (C) of paragraph (1) in both the report
preceding the current report and the current report.
(b) Sanctions.--Beginning on the date that a country is included in
a list under subsection (a)(2) and ending on the date that that country
is not included in such list, that country shall be subject to the
following:
(1) The Secretary of State may not issue visas under
section 101(a)(15)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants,
personal employees, and members of their immediate families, of
the officials and employees of that country who receive
nonimmigrant status under clause (i) or (ii) of section
101(a)(15)(A) of such Act.
(2) Each 6 months thereafter that the country is included
in that list, the Secretary of State shall reduce the number of
visas available under clause (i) or (ii) of section
101(a)(15)(A) of the Immigration and Nationality Act in a
fiscal year to nationals of that country by an amount equal to
10 percent of the baseline visa number for that country. Except
as provided under section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253), the Secretary may not reduce
the number to a level below 20 percent of the baseline visa
number.
(c) Waivers.--
(1) National security waiver.--If the Secretary of State
submits to Congress a written determination that significant
national security interests of the United States require a
waiver of the sanctions under subsection (b), the Secretary may
waive any reduction below 80 percent of the baseline visa
number. The Secretary of Homeland Security may not delegate the
authority under this subsection.
(2) Temporary exigent circumstances.--If the Secretary of
State submits to Congress a written determination that
temporary exigent circumstances require a waiver of the
sanctions under subsection (b), the Secretary may waive any
reduction below 80 percent of the baseline visa number during
6-month renewable periods. The Secretary of Homeland Security
may not delegate the authority under this subsection.
(d) Exemption.--The Secretary of Homeland Security, in consultation
with the Secretary of State, may exempt a country from inclusion in a
list under subsection (a)(2) if the total number of nonrepatriations
outstanding is less than 10 for the preceding 3-year period.
(e) Unauthorized Visa Issuance.--Any visa issued in violation of
this section shall be void.
(f) Notice.--If an alien who has been convicted of a criminal
offense before a Federal or State court whose repatriation was refused
or unreasonably delayed is to be released from detention by the
Secretary of Homeland Security, the Secretary shall provide notice to
the State and local law enforcement agency for the jurisdictions in
which the alien is required to report or is to be released. When
possible, and particularly in the case of violent crime, the Secretary
shall make a reasonable effort to provide notice of such release to any
crime victims and their immediate family members.
(g) Definitions.--For purposes of this section:
(1) Refused or unreasonably delayed.--A country is deemed
to have refused or unreasonably delayed the acceptance of an
alien who is a citizen, subject, national, or resident of that
country if, not later than 90 days after receiving a request to
repatriate such alien from an official of the United States who
is authorized to make such a request, the country does not
accept the alien or issue valid travel documents.
(2) Failure rate.--The term ``failure rate'' for a period
means the percentage determined by dividing the total number of
repatriation requests for aliens who are citizens, subjects,
nationals, or residents of a country that that country refused
or unreasonably delayed during that period by the total number
of such requests during that period.
(3) Excessive repatriation failure rate.--The term
``excessive repatriation failure rate'' means, with respect to
a report under subsection (a), a failure rate greater than 10
percent for any of the following:
(A) The period of the 3 full fiscal years preceding
the date of publication of the report.
(B) The period of 1 year preceding the date of
publication of the report.
(4) Number of non-repatriations outstanding.--The term
``number of non-repatriations outstanding'' means, for a
period, the number of unique aliens whose repatriation a
country has refused or unreasonably delayed and whose
repatriation has not occurred during that period.
(5) Baseline visa number.--The term ``baseline visa
number'' means, with respect to a country, the average number
of visas issued each fiscal year to nationals of that country
under clauses (i) and (ii) of section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for
the 3 full fiscal years immediately preceding the first report
under subsection (a) in which that country is included in the
list under subsection (a)(2).
(h) GAO Report.--On the date that is 1 day after the date that the
President submits a budget under section 1105(a) of title 31, United
States Code, for fiscal year 2014, the Comptroller General of the
United States shall submit a report to Congress regarding the progress
of the Secretary of Homeland Security and the Secretary of State in
implementation of this section and in making requests to repatriate
aliens as appropriate. | Timely Repatriation Act - Directs the Secretary of Homeland Security (DHS) to publish a report every six months listing countries that have: (1) refused or unreasonably delayed repatriation of an alien who is a national of that country, and the total number of such aliens; and (2) an excessive repatriation failure rate. Directs the Secretary of Statewith respect to a listed country: (1) to not issue visas to attendants, servants, and personal employees of such country's diplomats and officials/employees; and (2) reduce the number of visas available for such country's diplomats and officials/employees by 10% for each six months that a country is listed. Authorizes the Secretary of Homeland Security to exempt a country from inclusion if the total number of nonrepatriations outstanding is less than 10% for the preceding 3-year period. |
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 ``Baseline Reform Act of 1994''.
SEC. 2. THE BASELINE.
(a) Except for purposes of adjusting the discretionary spending
limits set forth in section 601(a)(2) of the Congressional Budget Act
of 1974, section 257(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended--
(1) in the second sentence of paragraph (1), by striking
``sequentially and cumulatively'' and by striking ``for
inflation as specified in paragraph (5),''; and
(2) and by redesignating paragraph (6) as paragraph (5).
(b) Section 1109(a) of title 31, United States Code, is amended by
adding after the first sentence the following new sentence: ``These
estimates shall not include an adjustment for inflation for programs
and activities subject to discretionary appropriations.''.
SEC. 3. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31, United States
Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this section,
estimated expenditures and appropriations for the current year
and estimated expenditures and proposed appropriations the
President decides are necessary to support the Government in
the fiscal year for which the budget is submitted and the 4
fiscal years following that year;''.
(b) Section 1105(a)(6) of title 31, United States Code, is amended
by inserting ``current fiscal year and the'' before ``fiscal year''.
(c) Section 1105(a)(12) of title 31, United States Code, is amended
by striking ``and'' at the end of subparagraph (A), by striking the
period and inserting ``; and'' at the end of subparagraph (B), and by
adding at the end the following new subparagraph:
``(C) the estimated amount for the same activity (if any)
in the current fiscal year.''.
(d) Section 1105(a)(18) of title 31, United States Code, is amended
by inserting ``new budget authority and'' before ``budget outlays''.
(e) Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(30) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function and
subfunction.''.
SEC. 4. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 is amended
by--
(1) inserting after the second sentence the following:
``The starting point for any deliberations in the Committee on
the Budget of each House on the concurrent resolution on the
budget for the next fiscal year shall be the estimated level of
outlays for the current year in each function and subfunction.
Any increases or decreases in the Congressional budget for the
next fiscal year shall be from such estimated levels.''; and
(2) striking paragraph (8) and redesignating paragraphs (9)
and (10) as paragraphs (10) and (11), respectively, and by
inserting after paragraph (7) the following new paragraphs:
``(8) a comparison of levels for the current fiscal year
with proposed spending and revenue levels for the subsequent
fiscal years along with the proposed increase or decrease of
spending in percentage terms for each function and subfunction;
and
``(9) information, data, and comparisons indicating the
manner in which and the basis on which, the committee
determined each of the matters set forth in the concurrent
resolution, including information on outlays for the current
fiscal year and the decisions reached to set funding for the
subsequent fiscal years;''.
SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) The first sentence of section 202(f)(1) of the Congressional
Budget Act of 1974 is amended to read as follows: ``On or before
February 15 of each year, the Director shall submit to the Committees
on the Budget of the House of Representatives and the Senate a report
for the fiscal year commencing on October 1 of that year with respect
to fiscal policy, including (A) alternative levels of total revenues,
total new budget authority, and total outlays (including related
surpluses and deficits) compared to comparable levels for the current
year and (B) the levels of tax expenditures under existing law, taking
into account projected economic factors and any changes in such levels
based on proposals in the budget submitted by the President for such
fiscal year.''.
(b) Section 202(f)(1) of the Congressional Budget Act of 1974 is
amended by inserting after the first sentence the following new
sentence: ``That report shall also include a table on sources of
spending growth under current law in total mandatory spending for the
budget year and the ensuing 4 fiscal years, which shall include changes
in outlays attributable to the following: cost-of-living adjustments;
changes in the number of program recipients; increases in medical care
prices, utilization and intensity of medical care; and residual
factors.''.
(c) Section 308(a)(1) of the Congressional Budget Act of 1974 is
amended--
(1) in subparagraph (C), by inserting ``, and shall include
a comparison of those levels to comparable levels for the
current fiscal year'' before ``if timely submitted''; and
(2) by striking ``and'' at the end of subparagraph (C), by
striking the period and inserting ``; and'' at the end of
subparagraph (D), and by adding at the end the following new
subparagraph:
``(E) comparing the levels in existing programs in
such measure to the estimated levels for the current
fiscal year.''
(d) Title IV of the Congressional Budget Act of 1974 is amended by
adding at the end the following new section:
``gao reports to budget committees
``Sec. 408. On or before January 15 of each year, the Comptroller
General, after consultation with appropriate committees of the House of
Representatives and Senate, shall submit to the Congress a report
listing all programs and activities with permanent appropriations or
that fall within the definition of spending authority under section
401(c)(2).''.
(e) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 407 the
following new item:
``Sec. 408. GAO reports to budget committees.''. | Baseline Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to declare that the estimated budget outlays submitted to the Congress by the President each year shall not include an inflation adjustment for programs and activities subject to discretionary appropriations.
Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; and (2) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms.
Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Declares that: (1) the starting point for any deliberations in the Committee on the Budget of each House on the budget resolution for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction; and (2) any increases or decreases in the congressional budget for the next fiscal year shall be from such estimated levels.
Requires the Congressional Budget Office (CBO) to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years.
Requires the CBO to include in cost estimates of pending legislation a comparison of prior year spending levels to current year levels.
Requires the Comptroller General to report annually to the Congress all programs and activities with permanent appropriations or that fall within a specified definition of spending authority. |
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 ``Medical-Legal Partnership for Health
Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Numerous studies and reports, including the annual
National Healthcare Disparities Report and Unequal Treatment,
the 2002 Institute of Medicine Report, document the
extensiveness to which vulnerable populations suffer from
health disparities across the country.
(2) These studies have found that, on average, racial and
ethnic minorities and low-income populations are
disproportionately afflicted with chronic and acute conditions
such as asthma, cancer, diabetes, and hypertension and suffer
worse health outcomes, worse health status, and higher
mortality rates.
(3) Several recent studies also show that health and
healthcare quality are a function of not only access to
healthcare, but also the social determinants of health,
including the environment, the physical structure of
communities, socio-economic status, nutrition, educational
attainment, employment, race, ethnicity, geography, and
language preference, that directly and indirectly affect the
health, healthcare, and wellness of individuals and
communities.
(4) Formally integrating medical and legal professionals in
the health setting can more effectively address the health
needs of vulnerable populations and ultimately reduce health
disparities.
(5) All over the United States, healthcare providers who
take care of low-income individuals and families are partnering
with legal professionals to assist them in providing better
quality of healthcare.
(6) Medical-legal partnerships integrate lawyers in a
health setting to help patients navigate the complex
government, legal, and service systems in addressing social
determinants of health, such as income supports for food
insecure families and mold removal from the home of asthmatics.
(b) Purposes.--The purposes of this Act are to--
(1) support and advance opportunity for medical-legal
partnerships to be more fully integrated in healthcare settings
nationwide;
(2) to improve the quality of care for vulnerable
populations by reducing health disparities among health
disparities populations and addressing the social determinants
of health; and
(3) identify and develop cost-effective strategies that
will improve patient outcomes and realize savings for
healthcare systems.
SEC. 3. MEDICAL-LEGAL PARTNERSHIPS.
(a) In General.--The Secretary of Health and Human Services shall
establish a nationwide demonstration project consisting of--
(1) awarding grants to, and entering into contracts with,
medical-legal partnerships to assist patients and their
families to navigate programs and activities; and
(2) evaluating the effectiveness of such partnerships.
(b) Technical Assistance.--
(1) In general.--The Secretary may, directly or through
grants or contracts, provide technical assistance to grantees
under subsection (a)(1) or through a national organization
described in paragraph (2) to support the establishment and
sustainability of medical-legal partnerships. Not to exceed 5
percent of the amount appropriated to carry out this section in
a fiscal year may be used for purposes of this subsection.
(2) National organization described.--A national
organization described in this paragraph is a national
organization experienced in bringing together both the medical
and legal professions on behalf of vulnerable populations.
(c) Use of Funds.--Amounts received as a grant or pursuant to a
contract under this section shall be used to assist patients and their
families to navigate health-related programs and activities for
purposes of achieving one or more of the following goals:
(1) Enhancing access to health care services.
(2) Improving health outcomes for low-income individuals,
as defined in subsection (h).
(3) Reducing health disparities among health disparities
populations.
(4) Enhancing wellness and prevention of chronic conditions
and other health problems.
(5) Reducing cost of care to the healthcare system.
(6) Addressing the social determinants of health.
(7) Addressing situational factors that contribute to poor
health, such as poor housing.
(d) Application.--To be eligible to receive a grant or contract
under this section, an entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including information
demonstrating that the applicant has experience in bridging the medical
and legal professions or a strategy or plan for cultivating and
building medical-legal partnerships.
(e) Matching Requirement.--For each fiscal year, the Secretary may
not award a grant or contract under this section to an entity unless
the entity agrees to make available non-Federal contributions (which
may include in-kind contributions) toward the costs of a grant or
contract awarded under this section in an amount that is not less than
$1 for each $10 of Federal funds provided under the grant or contract.
(f) Prohibition.--No funds under this section may be used--
(1) for any medical malpractice action or proceeding;
(2) to provide any State or local public benefit (as
defined in section 411(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c))
to an alien who is not--
(A) a qualified alien (as defined in section 431 of
the Immigration and Nationality Act);
(B) a nonimmigrant under the Immigration and
Nationality Act; or
(C) an alien who is paroled into the United States
under section 212(d)(5) of such Act for less than one
year; or
(3) to provide legal assistance with respect to any
proceeding or litigation which seeks to procure an abortion or
to compel any individual or institution to perform an abortion,
or assist in the performance of an abortion.
(g) Reports.--
(1) Final report by secretary.--Not later than 6 months
after the date of the completion of the demonstration project
under this section, the Secretary shall conduct a study of the
results of the project and submit to the Congress a report on
such results that includes the following:
(A) An evaluation of the project outcomes,
including--
(i) a description of the extent to which
medical-legal partnerships funded through this
section achieved the purposes described in
section 2(b);
(ii) quantitative and qualitative analysis
of baseline and benchmark measures of the
project's impact as delineated under subsection
(c); and
(iii) aggregate information about the
individuals served and project activities.
(B) Recommendations on whether the activities
funded under this section could be used to improve
patient outcomes in other public health areas.
(2) Interim reports by secretary.--The Secretary may
provide interim reports to the Congress on the demonstration
project under this section at such intervals as the Secretary
determines to be appropriate.
(3) Reports by grantees.--The Secretary may require each
recipient of a grant or contract under this section to submit
interim and final reports on the activities carried out by such
recipient with such grant.
(h) Definitions.--In this section:
(1) The term ``health disparities populations'' has the
meaning given such term in section 485E(d) of the Public Health
Service Act.
(2) The term ``low-income individuals'' refers to the
population of individuals and families who earn up to 200
percent of the Federal poverty level applicable to the size of
the family involved.
(3) The term ``medical-legal partnership'' means an
entity--
(A) that is a partnership between--
(i) a community health center, public
hospital, children's hospital, or other
provider of health care services to a
significant number of low-income individuals;
and
(ii) one or more legal professionals; and
(B) whose primary mission is to assist patients and
their families navigate health-related programs,
activities, and services through the provision of
relevant civil legal assistance on-site in the
healthcare setting involved, in conjunction with
regular training for healthcare staff and providers
regarding the connections between legal interventions,
social determinants, and health of low-income
individuals.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(i) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary, but not to exceed $10,000,000, for each of the
fiscal years 2011 through 2015.
(2) Limitation.--Of the amounts appropriated pursuant to
paragraph (1) for a fiscal year, the Secretary may obligate not
more than 5 percent for the administrative expenses of the
Secretary in carrying out this section. | Medical-Legal Partnership for Health Act - Directs the Secretary of Health and Human Services (HHS) to establish a nationwide demonstration project to: (1) award matching grants or enter into contracts with medical-legal partnerships to assist patients and their families in navigating health-related programs and activities; and (2) evaluate the effectiveness of such partnerships.
Authorizes the Secretary to provide technical assistance to grantees to support the establishment and sustainability of medical-legal partnerships.
Requires amounts received under this Act to be used to achieve one or more of the following goals: (1) enhancing access to health care services; (2) improving health outcomes for low-income individuals; (3) reducing health disparities among health disparities populations; (4) enhancing wellness and prevention of chronic conditions and other health problems; (5) reducing cost of care to the health care system; (6) addressing the social determinants of health; and (7) addressing situational factors that contribute to poor health, such as poor housing.
Prohibits funds under this Act from being used: (1) for any medical malpractice action or proceeding; (2) to provide any state or local public benefit to an alien who is not a qualified alien or a nonimmigrant under the Immigration and Nationality Act or an alien who is paroled into the United States under such Act for less than one year; or (3) to provide legal assistance with respect to any proceeding or litigation which seeks to procure an abortion or to compel any individual or institution to perform or assist in the performance of an abortion.
Requires the Secretary to study and report to Congress on the results of such project. |
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, Medicaid, and MCH Tobacco
Cessation Promotion Act of 2001''.
SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as
enacted into law by section 1(a)(6) of Public Law 106-554), is
amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by inserting ``and'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(W) counseling for cessation of tobacco use (as defined
in subsection (ww));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 105(b) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as
enacted into law by section 1(a)(6) of Public Law 106-554), is amended
by adding at the end the following new subsection:
``Counseling for Cessation of Tobacco Use
``(ww) The term `counseling for cessation of tobacco use' means the
following:
``(1)(A) Counseling for cessation of tobacco use for
individuals who have a history of tobacco use.
``(B) For purposes of subparagraph (A), the term
`counseling for cessation of tobacco use' means diagnostic,
therapy, and counseling services for cessation of tobacco use
which are furnished--
``(i) by or under the supervision of a physician;
or
``(ii) by any other health care professional who is
legally authorized to furnish such services under State
law (or the State regulatory mechanism provided by
State law) of the State in which the services are
furnished,
as would otherwise be covered if furnished by a physician or as
an incident to a physician's professional service.
``(C) The term `counseling for cessation of tobacco use'
does not include coverage for drugs or biologicals that are not
otherwise covered under this title.''.
(c) Payment and Elimination of Cost-Sharing for Counseling for
Cessation of Tobacco Use.--
(1) Payment and elimination of coinsurance.--Section
1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)),
as amended by section 223(c) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as
enacted into law by section 1(a)(6) of Public Law 106-554), is
amended--
(A) by striking ``and'' before ``(U)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (V) with respect to counseling
for cessation of tobacco use (as defined in section
1861(ww)), the amount paid shall be 100 percent of the
lesser of the actual charge for the service or the
amount determined by a fee schedule established by the
Secretary for each service''.
(2) Elimination of coinsurance in outpatient hospital
settings.--The third sentence of section 1866(a)(2)(A) of the
Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by
inserting after ``1861(s)(10)(A)'' the following: ``, with
respect to counseling for cessation of tobacco use (as defined
in section 1861(ww)),''.
(3) Elimination of deductible.--The first sentence of
section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b))
is amended--
(A) by striking ``and'' before ``(6)''; and
(B) by inserting before the period the following:
``, and (7) such deductible shall not apply with
respect to counseling for cessation of tobacco use (as
defined in section 1861(ww))''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.
SEC. 3. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM.
(a) Dropping Exception From Medicaid Prescription Drug Coverage for
Tobacco Cessation Medications.--Section 1927(d)(2) of the Social
Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--
(1) by striking subparagraph (E);
(2) by redesignating subparagraphs (F) through (J) as
subparagraphs (E) through (I), respectively; and
(3) in subparagraph (F) (as redesignated by paragraph (2)),
by inserting before the period at the end the following:
``except agents approved by the Food and Drug Administration
for purposes of promoting, and when used to promote, tobacco
cessation''.
(b) Requiring Coverage of Tobacco Cessation Counseling Services for
Pregnant Women.--Section 1902(e)(5) of the Social Security Act (42
U.S.C. 1396a(e)(5)) is amended by adding at the end the following new
sentence: ``Such medical assistance shall include counseling for
cessation of tobacco use (as defined in section 1861(ww)).''.
(c) Removal of Cost-Sharing for Tobacco Cessation Counseling
Services for Pregnant Women.--Section 1916 of the Social Security Act
(42 U.S.C. 1396o) is amended, in each of subsections (a)(2)(B) and
(b)(2)(B), by inserting ``, and counseling for cessation of tobacco use
(as defined in section 1861(ww))'' after ``complicate the pregnancy''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.
SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD
HEALTH SERVICES BLOCK GRANT PROGRAM.
(a) Quality Maternal and Child Health Services Includes Tobacco
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(c) For purposes of this title, the term `maternal and child
health services' includes counseling for cessation of tobacco use (as
defined in section 1861(ww)), any drug or biological used to promote
tobacco cessation, and any health promotion counseling that includes an
antitobacco use message.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this Act. | Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2001 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid 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 ``Voluntary Environmental Audit
Protection Act''.
SEC. 2. VOLUNTARY SELF-EVALUATION PROTECTION.
(a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 179--VOLUNTARY SELF-EVALUATION PROTECTION
``Sec.
``3801. Admissibility of environmental audit reports.
``3802. Testimony.
``3803. Disclosure to a Federal agency.
``3804. Definitions.
``Sec. 3801. Admissibility of environmental audit reports
``(a) General Rule.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an environmental audit report prepared in good faith by a
person or government entity related to, and essentially
constituting a part of, an environmental audit shall not be
subject to discovery and shall not be admitted into evidence in
any civil or criminal action or administrative proceeding
before a Federal court or agency or under Federal law.
``(2) Exclusions.--Paragraph (1) shall not apply to--
``(A) any document, communication, data, report, or
other information required to be collected, developed,
maintained, or reported to a regulatory agency pursuant
to a covered Federal law;
``(B) information obtained by observation,
sampling, or monitoring by any regulatory agency; or
``(C) information obtained from a source
independent of the environmental audit.
``(3) Inapplicability.--Paragraph (1) shall not apply to an
environmental audit report, if--
``(A) the owner or operator of the facility that
initiated the environmental audit expressly waives the
right of the person or government entity to exclude
from the evidence or proceeding material subject to
this section;
``(B) after an in camera hearing, the appropriate
Federal court determines that--
``(i) the environmental audit report
provides evidence of noncompliance with a
covered Federal law; and
``(ii) appropriate efforts to achieve
compliance were not promptly initiated and
pursued with reasonable diligence; or
``(C) the person or government entity is asserting
the applicability of the exclusion under this
subsection for a fraudulent purpose.
``(b) Determination of Applicability.--The appropriate Federal
court shall conduct an in camera review of the report or portion of the
report to determine the applicability of subsection (a) to an
environmental audit report or portion of a report.
``(c) Burdens of Proof.--
``(1) In general.--Except as provided in paragraph (2), a
party invoking the protection of subsection (a)(1) shall have
the burden of proving the applicability of such subsection
including, if there is evidence of noncompliance with an
applicable environmental law, the burden of proving a prima
facie case that appropriate efforts to achieve compliance were
promptly initiated and pursued with reasonable diligence.
``(2) Waiver and fraud.--A party seeking discovery under
subparagraph (A) or (C) of subsection (b)(3) shall have the
burden of proving the existence of a waiver, or that subsection
(a)(1) has been invoked for a fraudulent purpose.
``(d) Effect on Other Rules.--Nothing in this Act shall limit,
waive, or abrogate the scope or nature of any statutory or common law
rule regarding discovery or admissibility of evidence, including the
attorney-client privilege and the work product doctrine.
``Sec. 3802. Testimony
``Notwithstanding any other provision of law, a person or
government entity, including any officer or employee of the person or
government entity, that performs an environmental audit may not be
required to give testimony in a Federal court or an administrative
proceeding of a Federal agency without the consent of the person or
government entity concerning the environmental audit, including the
environmental audit report with respect to which section 3801(a)
applies.
``Sec. 3803. Disclosure to a Federal agency
``(a) In General.--The disclosure of information relating to a
covered Federal law to the appropriate official of a Federal agency or
State agency responsible for administering a covered Federal law shall
be considered to be a voluntary disclosure subject to the protections
provided under section 3801, section 3802, and this section if--
``(1) the disclosure of the information arises out of an
environmental audit;
``(2) the disclosure is made promptly after the person or
government entity that initiates the audit receives knowledge
of the information referred to in paragraph (1);
``(3) the person or government entity that initiates the
audit initiates an action to address the issues identified in
the disclosure--
``(A) within a reasonable period of time after
receiving knowledge of the information; and
``(B) within a period of time that is adequate to
achieve compliance with the requirements of the covered
Federal law that is the subject of the action
(including submitting an application for an applicable
permit); and
``(4) the person or government entity that makes the
disclosure provides any further relevant information requested,
as a result of the disclosure, by the appropriate official of
the Federal agency responsible for administering the covered
Federal law.
``(b) Involuntary Disclosures.--For the purposes of this chapter, a
disclosure of information to an appropriate official of a Federal
agency shall not be considered to be a voluntary disclosure described
in subsection (a) if the person or government entity making the
disclosure has been found by a Federal or State court to have committed
repeated violations of Federal or State laws, or orders on consent,
related to environmental quality, due to separate and distinct events
giving rise to the violations, during the 3-year period prior to the
date of the disclosure.
``(c) Presumption of Applicability.--If a person or government
entity makes a disclosure, other than a disclosure referred to in
subsection (b), of a violation of a covered Federal law to an
appropriate official of a Federal agency responsible for administering
the covered Federal law--
``(1) there shall be a presumption that the disclosure is a
voluntary disclosure described in subsection (a), if the person
or government entity provides information supporting a claim
that the information is such a voluntary disclosure at the time
the person or government entity makes the disclosure; and
``(2) unless the presumption is rebutted, the person or
government entity shall be immune from any administrative,
civil, or criminal penalty for the violation.
``(d) Rebuttal of Presumption.--
``(1) In general.--The head of a Federal agency described
in subsection (c) shall have the burden of rebutting a
presumption established under such subsection. If the head of
the Federal agency fails to rebut the presumption--
``(A) the head of the Federal agency may not assess
an administrative penalty against a person or
government entity described in subsection (c) with
respect to the violation of the person or government
entity and may not issue a cease and desist order for
the violation; and
``(B) a Federal court may not assess a civil or
criminal fine against the person or government entity
for the violation.
``(2) Final agency action.--A decision made by the head of
the Federal agency under this subsection shall constitute a
final agency action.
``(e) Statutory Construction.--Except as expressly provided in this
section, nothing in this section is intended to affect the authority of
a Federal agency responsible for administering a covered Federal law to
carry out any requirement of the law associated with information
disclosed in a voluntary disclosure described in subsection (a).
``Sec. 3804. Definitions
``As used in this chapter:
``(1) Covered federal law.--The term `covered Federal
law'--
``(A) means--
``(i) the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.);
``(ii) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
``(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
``(iv) the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.);
``(v) title XIV of the Public Health
Service Act (commonly known as the `Safe
Drinking Water Act') (42 U.S.C. 300f et seq.);
``(vi) the Noise Control Act of 1972 (42
U.S.C. 4901 et seq.);
``(vii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
``(viii) the Clean Air Act (42 U.S.C. 7401
et seq.);
``(ix) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
``(x) the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001 et
seq.); and
``(xi) the Pollution Prevention Act of 1990
(42 U.S.C. 13101 et seq.);
``(B) includes any regulation issued under a law
listed in subparagraph (A); and
``(C) includes the terms and conditions of any
permit issued under a law listed in subparagraph (A).
``(2) Environmental audit.--The term `environmental audit'
means a voluntary and internal assessment, evaluation,
investigation or review of a facility that is--
``(A) initiated by a person or government entity;
``(B) carried out by the employees of the person or
government entity, or a consultant employed by the
person or government entity, for the express purpose of
carrying out the assessment, evaluation, investigation,
or review; and
``(C) carried out to determine whether the person
or government entity is in compliance with a covered
Federal law.
``(3) Environmental audit report.--The term `environmental
audit report' means any reports, findings, opinions, field
notes, records of observations, suggestions, conclusions,
drafts, memoranda, drawings, computer generated or
electronically recorded information, maps, charts, graphs,
surveys, or other communications associated with an
environmental audit.
``(4) Federal agency.--The term `Federal agency' has the
meaning provided the term `agency' under section 551 of title
5.
``(5) Government entity.--The term `government entity'
means a unit of State or local government.''.
(b) Technical Amendment.--The analysis for part VI of title 28,
United States Code, is amended by adding at the end the following:
``179. Voluntary Self-Evaluation Protection................. 3801''.
SEC. 3. APPLICABILITY.
This Act and the amendment made by this Act shall apply to each
Federal civil or criminal action or administrative proceeding that is
commenced after the date of enactment of this Act. | Voluntary Environmental Audit Protection Act - Provides that an environmental audit report constituting part of an environmental audit shall not be subject to discovery and admitted into evidence in civil or criminal actions or administrative proceedings before a Federal court or agency or under Federal law.
Makes such exclusion inapplicable to information: (1) required to be collected or reported to a regulatory agency pursuant to specified Federal environmental laws (covered laws); (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the audit.
Makes such exclusion inapplicable if: (1) the owner or operator of the facility that initiated the audit expressly waives the right of the person or government entity that prepared the report to exclude such material from the evidence or proceeding; (2) after an in camera hearing, the appropriate Federal court determines that the environmental audit report provides evidence of noncompliance with a covered environmental law and efforts to achieve compliance were not pursued with diligence; or (3) the person or government entity is asserting the exclusion for a fraudulent purpose.
Places the burden of proof regarding the applicability of the exclusion on the person invoking its protection.
States that a person or entity that performs an audit may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent.
Sets forth conditions under which disclosures of information relating to a covered Federal law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed repeated violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations unless such presumption is rebutted.
Places the burden of rebuttal on Federal agencies. |
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 ``Financing Advanced and
Superconducting Transmission Act of 2009''.
SEC. 2. 5-YEAR DEPRECIATION FOR ADVANCED ELECTRIC TRANSMISSION
PROPERTY.
(a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (defining 5-year property) is amended by
striking ``and'' at the end of clause (vi), by striking the period at
the end of clause (vii) and inserting ``, and'', and by inserting after
clause (vii) the following new clause:
``(viii) is qualified advanced electric
transmission property (as described in section
48(c)(6)) which is placed in service before
January 1, 2017''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 3. INVESTMENT TAX CREDIT FOR HIGH EFFICIENCY TRANSMISSION PROPERTY
AND ADVANCED ELECTRIC TRANSMISSION PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (defining energy property) is amended by
striking ``or'' at the end of clause (vi) and by inserting after clause
(vii) the following new clauses:
``(viii) qualified high efficiency
transmission property, or
``(ix) qualified advanced electric
transmission property,''.
(b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of subclause (III) and by inserting after subclause (IV) the following:
``(V) qualified advanced electric
transmission property, and''.
(c) Definitions.--Subsection (c) of section 48 of such Code is
amended by adding at the end the following new paragraphs:
``(5) Qualified high efficiency transmission property.--
``(A) In general.--The term `qualified high
efficiency transmission property' means any high
voltage overhead electric transmission line, related
substation, or other integrated facility that--
``(i) utilizes advanced conductor core
technology that has been determined by the
Secretary of Energy as--
``(I) reasonably likely to become
commercially viable within ten (10)
years of the date of enactment of the
Financing Advanced and Superconducting
Transmission Act of 2009,
``(II) is suitable for use on
transmission lines up to 765kV, and
``(III) exhibits power losses at
least 30 percent lower than that of
transmission lines using conventional
`ACSR' conductors,
``(ii) has been determined by an
appropriate energy regulatory body, upon
application, to be in the public interest and
thereby eligible for inclusion in regulated
rates, and
``(iii) can be located safely and
economically in a right of way not to exceed
that used by conventional `ACSR' conductors.
``(B) Termination.--The term `qualified high
efficiency transmission property' shall not include any
property placed in service after December 31, 2016.
``(6) Qualified advanced electric transmission property.--
``(A) In general.--The term `qualified advanced
electric transmission property' means any high voltage
electric transmission cable, related substation,
converter station, or other integrated facility that--
``(i) utilizes advanced ultra low
resistance superconductive material or other
advanced technology that has been determined by
the Secretary of Energy as--
``(I) reasonably likely to become
commercially viable within 10 years
after the date of enactment of the
Financing Advanced and Superconducting
Transmission Act of 2009,
``(II) capable of reliably
transmitting at least 5 gigawatts of
high-voltage electric energy for
distances greater than 300 miles with
energy losses not exceeding 3 percent
of the total power transported, and
``(III) not creating an
electromagnetic field,
``(ii) has been determined by an
appropriate energy regulatory body, upon
application, to be in the public interest and
thereby eligible for inclusion in regulated
rates, and
``(iii) can be located safely and
economically in a permanent underground right
of way not to exceed 25 feet in width.
``(B) Energy percentage.--In the case of any
qualified advanced electric transmission property
placed in service before January 1, 2015, with a length
of not less than 150 miles, subsection (a)(2)(A)(i)
shall be applied by substituting `50 percent' for `30
percent'.
``(C) Termination.--The term `qualified advanced
electric transmission property' shall not include any
property placed in service after December 31, 2016.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, in
taxable years ending after such date, under rules similar to the rules
of section 48(m) of the Internal Revenue Code of 1986 (as in effect on
the day before the date of the enactment of the Revenue Reconciliation
Act of 1990). | Financing Advanced and Superconducting Transmission Act of 2009 - Amends the Internal Revenue Code to allow: (1) accelerated depreciation of qualified advanced electric transmission property placed in service before January 1, 2017; and (2) an energy tax credit for investment in qualified high efficiency transmission property or qualified advanced electric transmission property. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The terrorist organization known as the Islamic State
of Iraq and the Levant (ISIL) poses a grave threat to the
people and territorial integrity of Iraq and Syria, as well as
regional stability, and to the national security interests of
the United States and its allies and partners.
(2) The Islamic State of Iraq and the Levant holds
significant territory in Iraq and Syria, has stated its
intention to seize more territory, and has demonstrated the
capability to do so.
(3) Leaders of the Islamic State of Iraq and the Levant
have stated that they intend to conduct terrorist attacks
internationally, including against the United States, its
citizens, and its interests.
(4) The Islamic State of Iraq and the Levant has committed
despicable acts of violence and mass executions against
Muslims, regardless of sect, who do not subscribe to its
depraved, violent, and oppressive ideology, and has threatened
genocide and committed vicious acts of violence against
religious and ethnic minority groups, including Iraqi
Christian, Yezidi, and Turkmen populations.
(5) The Islamic State of Iraq and the Levant has targeted
innocent women and girls with horrific acts of violence,
including abduction, enslavement, torture, rape, and forced
marriage.
(6) According to United States intelligence estimates,
approximately 20,000 to 30,000 Islamic State of Iraq and the
Levant fighters operate in Iraq and Syria, an estimated 3,000
of whom are believed to hold passports from western countries.
(7) The Islamic State of Iraq and the Levant finances its
operations primarily through looting, smuggling, taxes, oil
sales, kidnapping, and human trafficking.
(8) President Barack Obama articulated five lines of effort
in the campaign to counter the Islamic State of Iraq and the
Levant, including supporting regional military partners,
stopping the flow of foreign fighters, cutting off the access
of the Islamic State of Iraq and the Levant to financing,
addressing urgent humanitarian needs, and exposing the true
nature of the Islamic State of Iraq and the Levant.
(9) As a result of advances by the Islamic State of Iraq
and the Levant in Iraq and Syria, approximately half of the
nearly 2,000,000 refugees and internally displaced people from
Syria and Iraq have taken refuge in the Iraqi Kurdistan Region
in northern Iraq.
(10) The Kurdistan Regional Government (KRG) is the
democratically elected government of the Iraqi Kurdistan
Region, and Iraqi Kurds have been a reliable, stable, and
capable partner of the United States, particularly in support
of United States military and civilian personnel during
Operation Iraqi Freedom and Operation New Dawn.
(11) The Iraqi constitution guarantees the right of Iraqi
regions, such as the Iraqi Kurdistan Region, to maintain
``internal security forces for the region such as police,
security forces, and guards of the region''.
(12) The Kurdish Peshmerga forces are officially organized
under the Ministry of Peshmerga Affairs and commanded by the
Minister of Peshmerga Affairs, who reports to the President of
the Kurdistan Regional Government.
(13) The Islamic State of Iraq and the Levant has
positioned its forces along a 650-mile border spanning five
Iraqi provinces and engaged in attacks on Peshmerga forces
defending the border.
(14) The Islamic State of Iraq and the Levant has employed
captured armored vehicles, long-range artillery, and heavy
weapons in attacking Kurdish forces along the border.
(15) Kurdish Peshmerga forces have successfully retaken key
areas of Iraq formerly controlled by the Islamic State of Iraq
and the Levant, including Mount Sinjar, Mosul Dam, and Kirkuk.
(16) The United States and its allies have provided the
resupply of various arms (including Hellfire missiles, anti-
tank weapons, helmets and body armor, and ammunition) and
training to Peshmerga forces since June 2014.
(17) Such resupply efforts, to comply with United States
law, must be approved and coordinated through the Government of
Iraq.
(18) Masrour Barzani, the Chancellor of the Kurdistan
Region Security Council, described Peshmerga forces as
``overstretched'' in the fight against the Islamic State of
Iraq and the Levant, and Bayan Sami Abdul Rahman, the
representative of the Kurdistan Regional Government to the
United States, has expressed concern about ``shortfalls'' in
equipment.
(19) According to the Kurdistan Regional Government, more
than 1,000 Kurdish Peshmerga and Kurdish security forces have
been killed, and more than 5,000 have been wounded.
(20) A strong Peshmerga force is essential to countering
the threat of the Islamic State of Iraq and the Levant to Iraq,
the region, and United States interests.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Islamic State of Iraq and the Levant (ISIL) poses
an acute threat to the people and territorial integrity of
Iraq, including the Iraqi Kurdistan Region, and the security
and stability of the Middle East and the world;
(2) defeating the Islamic State of Iraq and the Levant is
critical to maintaining a unified Iraq in which all faiths,
sects, and ethnicities are afforded equal protection and full
integration into the Government and society of Iraq; and
(3) any outstanding issues between the Government of Iraq
and the Kurdistan Regional Government should be resolved by the
two parties expeditiously to allow for a resumption of normal
relations.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to directly provide Kurdistan
Regional Government military and security forces associated with the
Government of Iraq with defense articles, defense services, and related
training, on an emergency and temporary basis, to more effectively
partner with the United States and other international coalition
members to defeat the Islamic State of Iraq and the Levant (ISIL).
SEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE
SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN
REGIONAL GOVERNMENT.
(a) Authorization.--
(1) Military assistance.--The President, in consultation
with the Government of Iraq, is authorized to provide defense
articles, defense services, and related training directly to
Kurdistan Regional Government military and security forces
associated with the Government of Iraq for the purpose of
supporting international coalition efforts against the Islamic
State of Iraq and the Levant (ISIL) or any closely related
successor group.
(2) Defense exports.--The President is authorized to issue
licenses authorizing United States exporters to export defense
articles, defense services, and related training directly to
the Kurdistan Regional Government military and security forces
described in paragraph (1). For purposes of processing
applications for such export licenses, the President is
authorized to accept End Use Certificates approved by the
Kurdistan Regional Government.
(3) Types of assistance.--Assistance authorized under
paragraph (1) and exports authorized under paragraph (2) may
include anti-tank and anti-armor weapons, armored vehicles,
long-range artillery, crew-served weapons and ammunition,
secure command and communications equipment, body armor,
helmets, logistics equipment, excess defense articles and other
military assistance that the President determines to be
appropriate.
(b) Relationship to Existing Authorities.--
(1) Relationship to existing authorities.--Assistance
authorized under subsection (a)(1) and licenses for exports
authorized under subsection (a)(2) shall be provided pursuant
to the applicable provisions of the Arms Export Control Act (22
U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), notwithstanding any requirement in such
applicable provisions of law that a recipient of assistance of
the type authorized under subsection (a)(1) shall be a country
or international organization. In addition, any requirement in
such provisions of law applicable to such countries or
international organizations concerning the provision of end use
retransfers and other assurance required for transfers of such
assistance shall be secured from the Kurdistan Regional
Government.
(2) Construction as precedent.--Nothing in this section
shall be construed as establishing a precedent for the future
provision of assistance described in subsection (a) to
organizations other than a country or international
organization.
(c) Reports.--
(1) Initial report.--Not later than 45 days after the date
of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes the
following:
(A) A timeline for the provision of defense
articles, defense services, and related training under
the authority of subsections (a)(1) and (a)(2).
(B) A description of mechanisms and procedures for
end-use monitoring of such defense articles, defense
services, and related training.
(C) How such defense articles, defense services,
and related training would contribute to the foreign
policy and national security of the United States, as
well as impact security in the region.
(D) An accounting of the defense articles provided
to the Government of Iraq or the Kurdistan Regional
Government that have come to be possessed, or are
suspected of having come to be possessed, by foreign
terrorist organizations or groups known as ``popular
mobilization forces'', or other militia groups, that
are supported by the Revolutionary Guard Corps of Iran
or other entities of the Government of the Islamic
Republic of Iran, which accounting shall include the
following:
(i) A description of the circumstances
leading to the transfer of such defense
articles to the Government of Iraq or the
Kurdistan Regional Government
(ii) A description of the circumstances
surrounding the possession of such defense
articles by groups described in this
subparagraph.
(iii) A description and assessment of the
use and battlefield impacts of such defense
articles by such groups.
(2) Updates.--Not later than 90 days after the submittal of
the report required by paragraph (1), and every 90 days
thereafter, the President shall submit to the appropriate
congressional committees a report updating the previous report
submitted under this subsection. In addition to any matters so
updated, each report shall include a description of any delays,
and the circumstances surrounding such delays, in the delivery
of defense articles, defense services, and related training to
the Kurdistan Regional Government pursuant to the authority in
subsections (a)(1) and (a)(2).
(3) Form.--Any report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Armed
Services, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Armed Services, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
(d) Notification.--The President should provide notification to the
Government of Iraq before providing defense articles, defense services,
or related training to the Kurdistan Regional Government under the
authority of subsection (a)(1) or (a)(2).
(e) Additional Definitions.--In this section, the terms ``defense
article'', ``defense service'', and ``training'' have the meanings
given those terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
(f) Termination.--The authority to provide defense articles,
defense services, and related training under subsection (a)(1) and the
authority to issue licenses for exports authorized under subsection
(a)(2) shall terminate on the date that is 3 years after the date of
the enactment of this Act. | Expresses the sense of Congress that: the Islamic State of Iraq and the Levant (ISIL) poses an acute threat to the people and territorial integrity of Iraq, including the Iraqi Kurdistan Region, and the security and stability of the Middle East and the world; defeating ISIL is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the government and society; and any outstanding issues between the government of Iraq and the Kurdistan Regional Government (KRG) should be resolved expeditiously to allow for a resumption of normal relations. Authorizes the President to: (1) provide defense articles, defense services, and related training directly to the KRG military and security services to support international coalition efforts against ISIL or any successor group; and (2) issue licenses authorizing U.S. exporters to export defense articles, defense services, and related training directly to the KRG military and security services. States that nothing in this Act shall be construed as establishing a precedent for the future provision of such assistance to organizations other than a country or international organization. |
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 ``Charitable Automobile Red-Tape
Simplification Act of 2015'' or as the ``CARS Act of 2015''.
SEC. 2. MODIFICATION OF SUBSTANTIATION RULES FOR THE DONATION OF
CERTAIN VEHICLES.
(a) In General.--Section 170(f)(12) of the Internal Revenue Code of
1986 is amended to read as follows:
``(12) Contributions of used motor vehicles, boats, and
airplanes exceeding $500 but not $2,500.--
``(A) In general.--In the case of a contribution of
a qualified vehicle the claimed value of which exceeds
$500 but not $2,500, paragraph (8) shall not apply and
no deduction shall be allowed under subsection (a) for
such contribution unless the taxpayer attaches to the
return for the taxable year--
``(i) a statement that includes--
``(I) the make, model, year of
manufacture, and condition of the
qualified vehicle at time of donation,
and
``(II) a good faith estimate of the
value of the qualified vehicle at time
of donation based on a widely available
used vehicle pricing guide (as
determined by the Secretary) which
takes into account unusual equipment,
unusual mileage, and physical condition
of the vehicle, and
``(ii) a contemporaneous written
acknowledgment of the contribution by the donee
organization which includes the following
information:
``(I) The name and taxpayer
identification number of the donor.
``(II) The vehicle identification
number or similar number.
``(III) The condition of the
donated vehicle, including any engine
trouble, body damage, high mileage, and
any excessive wear and tear.
``(IV) Whether the donee
organization provided any goods or
services in consideration, in whole or
in part, for the qualified vehicle.
``(V) A description and good faith
estimate of the value of any goods or
services referred to in subclause (IV)
or, if such goods or services consist
solely of intangible religious benefits
(as defined in paragraph (8)(B)), a
statement to that effect.
``(B) Estimates to be based on trade-in value.--
``(i) In general.--Any estimate made under
subparagraph (A)(i)(II) based on a used vehicle
pricing guide shall be made on the basis of the
trade-in value of the vehicle or such similar
valuation as the Secretary may specify.
``(ii) Trade-in value.--For purposes of
this subparagraph, the term `trade-in value'
means a valuation based the acquisition of
comparable vehicles by dealers from private
parties.
``(C) Information to secretary.--A donee
organization required to provide an acknowledgment
under this paragraph shall provide to the Secretary the
information contained in the acknowledgment. Such
information shall be provided at such time and in such
manner as the Secretary may prescribe.
``(D) Qualified vehicle.--For purposes of this
paragraph, the term `qualified vehicle' means any--
``(i) motor vehicle manufactured primarily
for use on public streets, roads, and highways,
``(ii) boat, or
``(iii) airplane.
Such term shall not include any property which is
described in section 1221(a)(1).
``(E) Regulations or other guidance.--The Secretary
shall prescribe such regulations or other guidance as
may be necessary to carry out the purposes of this
paragraph.''.
(b) Coordination With Appraisal Requirements.--
(1) In general.--Section 170(f)(11)(A)(ii)(I) of such Code
is amended--
(A) by inserting ``and'' before ``publicly'', and
(B) by striking ``and any qualified vehicle
described in paragraph (12)(A)(ii) for which an
acknowledgment under paragraph (12)(B)(iii) is
provided''.
(2) Coordination of dollar limitations.--Section
170(f)(11)(C) of such Code--
(A) is amended by inserting ``($2,500 in the case
of a qualified vehicle as defined in paragraph (12))''
after ``$5,000'', and
(B) by striking ``contributions of more than
$5,000'' in the heading thereof and inserting ``certain
contributions''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Charitable Automobile Red-Tape Simplification Act of 2015 or the CARS Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax deduction for charitable contributions, to modify the substantiation rules for donations of qualified vehicles (i.e., motor vehicles manufactured primarily for use on public streets, roads, and highways and boats or airplanes) with a claimed value exceeding $500 but not $2,500, to require: (1) a statement with respect to such qualified vehicles and a good faith estimate of their value at the time of donation; and (2) a contemporaneous written acknowledgement of the contribution by the donee organization, with information about the donor and the qualified vehicle. |
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 ``Burton Greene Higher-Risk Impaired
Driver Act''.
SEC. 2. INCREASED PENALTIES.
(a) In General.--Chapter I of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 165. Increased penalties for higher risk drivers for driving
while intoxicated or driving under the influence
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Blood Alcohol concentration.--The term `blood alcohol
concentration' means grams of alcohol per 100 milliliters of
blood or the equivalent grams of alcohol per 210 liters of
breath.
``(2) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and `driving
under the influence' mean driving or being in actual physical
control of a motor vehicle while having a blood alcohol
concentration above the permitted limit as established by each
State.
``(3) License suspension.--The term `license suspension'
means the suspension of all driving privileges.
``(4) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways but does not include a
vehicle operated solely on a rail line or a commercial vehicle.
``(5) Higher-risk impaired driver law.--
``(A) The term `higher-risk impaired driver law'
means a State law that provides, as a minimum penalty,
that an individual described in subparagraph (B)
shall--
``(i) receive a driver's license suspension
for not less than 1 year, including a complete
ban on driving for not less than 90 days and
for the remainder of the license suspension
period and prior to the issuance of a
probational hardship or work permit license, be
required to install a certified alcohol
ignition interlock device;
``(ii) have the motor vehicle driven at the
time of arrest impounded or immobilized for not
less than 90 days and for the remainder of the
license suspension period require the
installation of a certified alcohol ignition
interlock device on the vehicle;
``(iii) be subject to an assessment by a
certified substance abuse official of the State
that assesses the individual's degree of abuse
of alcohol and assigned to a treatment program
or impaired driving education program as
determined by the assessment;
``(iv) be imprisoned for not less than 10
days, have an electronic monitoring device for
not less than 100 days, or be assigned to a
DUI/DWI specialty facility for not less than 30
days;
``(v) be fined a minimum of $1,000, with
the proceeds of such funds to be used by the
State or local jurisdiction for impaired
driving related prevention, enforcement, and
prosecution programs, or for the development or
maintenance of a tracking system of offenders
driving while impaired;
``(vi) if the arrest resulted from
involvement in a crash, the court shall require
restitution to the victims of the crash;
``(vii) be placed on probation by the court
for a period of not less than 2 years;
``(viii) if diagnosed with a substance
abuse problem, during the first year of the
probation period referred to in clause
(vii), attend a treatment program for a period of 12 consecutive months
sponsored by a State certified substance abuse treatment agency and
meet with a case manager at least once each month; and
``(ix) be required by the court to attend a
victim impact panel, if such a panel is
available.
``(B) An individual referred to in subparagraph (A)
is an individual who--
``(i) is convicted of a second or
subsequent offense for driving while
intoxicated or driving under the influence
within a minimum of 5 consecutive years;
``(ii) is convicted of a driving while
intoxicated or driving under the influence with
a blood alcohol concentration of 0.15 percent
or greater;
``(iii) is convicted of a driving-while-
suspended offense if the suspension was the
result of a conviction for driving under the
influence; or
``(iv) refuses a blood alcohol
concentration test while under arrest or
investigation for involvement in a fatal or
serious injury crash.
``(6) Special dui/dwi facility.--The term `special DUI/DWI
facility' means a facility that houses and treats offenders
arrested for driving while impaired and allows such offenders
to work and/or attend school.
``(7) Victim impact panel.--The term `victim impact panel'
means a group of impaired driving victims who speak to
offenders about impaired driving. The purpose of the panel is
to change attitudes and behaviors in order to deter impaired
driving recidivism.
``(b) Transfer of Funds.--
``(1) Fiscal year 2006.--Beginning on October 1, 2006, if a
State has not enacted or is not enforcing a higher risk
impaired driver law, the Secretary shall transfer an amount
equal to 2 percent of the funds apportioned to the State on
that date under each of paragraphs (1), (3), and (4) of section
104(b) to the apportionment of the State under section 402
solely for impaired driving programs.
``(2) Fiscal year 2007.--On October 1, 2007, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall transfer an amount equal to 4 percent
of the funds apportioned to the State on that date under each
of paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be used or
directed as described in paragraph (1).
``(3) Fiscal year 2008.--On October 1, 2008, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall transfer an amount equal to 6 percent
of the funds apportioned to the State on that date under each
of paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be used or
directed as described in paragraph (1).
``(4) Derivation of amount to be transferred.--The amount
to be transferred under paragraph (1), (2), or (3) may be
derived from 1 or more of the following:
``(A) The apportionment of the State under section
104(b)(1).
``(B) The apportionment of the State under section
104(b)(3).
``(C) The apportionment of the State under section
104(b)(4).
``(5) Transfer of obligation authority.--
``(A) In general.--If the Secretary transfers under
this subsection any funds to the apportionment of a
State under section 402 for a fiscal year, the
Secretary shall transfer an amount, determined under
subparagraph (B), of obligation authority distributed
for the fiscal year to the State for carrying out
impaired driving programs authorized under section 402.
``(B) Amount.--The amount of obligation authority
referred to in subparagraph (A) shall be determined by
multiplying--
``(i) the amount of funds transferred under
subparagraph (A) to the apportionment of the
State under section 402 for the fiscal year; by
``(ii) the ratio that--
``(I) the amount of obligation
authority distributed for the fiscal
year to the State for Federal-aid
highways and highway safety
construction programs; bears to
``(II) the total of the sums
apportioned to the State for Federal-
aid highways and highway safety
construction programs (excluding sums
not subject to any obligation
limitation) for the fiscal year.
``(7) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of law, no
limitation on the total of obligations for highway safety
programs under section 402 shall apply to funds transferred
under this subsection to the apportionment of a State under
such section.
``(c) Withholding of Funds.--
``(1) Fiscal year 2009.--On October 1, 2008, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 2 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(2) Fiscal year 2010.--On October 1, 2009, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 4 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(3) Fiscal year 2011.--On October 1, 2010, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 6 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(4) Compliance.--Not later than 4 years after the date
that the apportionment for any State is reduced in accordance
with this section the Secretary determines that such State has
enacted and is enforcing a provision described in section
163(a), the apportionment of such State shall be increased by
an amount equal to such reduction. If at the end of such 4-year
period, any State has not enacted and is not enforcing a
provision described in section 163(a) any amounts so withheld
shall be transferred to carry out impaired driving programs
authorized under section 402. | Burton Greene Higher-Risk Impaired Driver Act - Requires the Secretary of Transportation, beginning on October 1, 2006, to transfer two percent of a State's Federal-aid highway funds to that State's apportionment solely for impaired driving programs if the State has not enacted or is not enforcing a higher risk impaired driver law.Defines such a law as one that provides certain minimum penalties for: (1) a second or subsequent offense of driving while intoxicated (DWI) or driving under the influence (DUI) within a minimum of five consecutive years, of DWI or DUI with a blood alcohol concentration of .15 percent or greater, or of driving-while-suspended if the suspension was the result of a DUI conviction; or (2) refusing a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash.Includes among such penalties: (1) driver's license suspension; (2) motor vehicle impoundment or immobilization; (3) assessment by a certified substance abuse official and assignment to treatment; (4) imprisonment, attachment of an electronic monitoring device, or assignment to a DUI/DWI specialty facility; (5) a $1,000 fine; (6) required restitution; (7) probation; and (8) required attendance of a treatment program and a victim impact panel. |
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 ``Online Market Protection Act of
2014''.
SEC. 2. MORATORIUM.
(a) Neither the Federal Government nor any State or political
subdivision thereof shall impose any statutory restrictions or
regulations specifically identifying and governing the creation, use,
exploitation, possession or transfer of any algorithmic protocols
governing the operation of any virtual, non-physical, algorithm or
computer source code-based medium for exchange (collectively,
``cryptocurrency'' as defined herein) for a period beginning June 1,
2015, and extending five years after the enactment of this Act (such
period, the ``moratorium period''), except for statutes already enacted
and effective prior to the date of enactment of this Act, and further
suspending the enactment and effectiveness of any and all pending
statutes and regulations until the end of the aforementioned moratorium
period, except as otherwise provided in this section.
(b) During the moratorium period, the Federal Government and all
State governments and political subdivisions thereof shall not impose
any further statutory restrictions or regulations affecting Smart
Contract platforms such as cryptographic escrow services, multi-
signature transactions, and oracles, so as to allow for the growth and
facilitation of these important facets of cryptological technology.
(c) Federal and State Agencies shall consider cryptocurrencies
``exempt commodities'' akin to gold and silver, rather than ``excluded
commodities'' such as national fiat currencies. The Bitcoin
cryptological protocol is not strictly a currency, but is a broad
multifaceted protocol which allows for myriad novel applications.
(d) Federal and State Agencies shall have no jurisdiction over
Cryptocurrency Economy Transactions or Bitcoin Economy Transactions.
The financial regulations authorizing these agencies are designed to
protect users of financial instruments from fraud, manipulation, and
other types of misconduct that result in real economic losses; not
virtual losses solely within a cryptographic network.
(e) Nothing in this Act shall prevent, impair or impede the
operation of any government agency, authority or instrumentality,
whether of the Federal Government or of any State or political
subdivision thereof, to enforce currently existing criminal, civil or
taxation statutes and regulations.
SEC. 3. DEFINITIONS.
(a) ``Algorithm'' is defined as a procedure for solving a
mathematical problem in a finite number of steps performed by a
computer.
(b) ``Algorithmic chain'' is a series or chain of bits of data
comprising a unique string of data which is the basis for the
cryptographic proof of a valid transfer or transaction of
cryptocurrencies. The algorithmic chain for a cryptocurrency is
commonly referred to as a ``blockchain''.
(c) The ``cryptographic proof'' for each transaction or transfer is
based on one unique algorithmic chain, distinct from all previously
existing algorithms and neither replicable nor reusable yet sharing
with all other units at least one common source code element in the
algorithmic chain (or ``blockchain'') in the transferor's existing
Bitcoin or bitcoins.
(d) ``Protocol'' refers to procedures or guidelines governing the
creation, development and operation of a cryptocurrency.
(e) ``Service'' is defined as the Internal Revenue Service.
(f) The phrase ``using the Internet or other electronic, non-
physical medium'' means by placement of material in a computer server-
based file archive so that it is publicly accessible on, through, or
over the Internet, using hypertext transfer protocol, file transfer
protocol, or other similar protocols.
(g) ``Cryptocurrency'' is a popular term encompassing code-based
protocols supporting an electronic, non-physical media for the exchange
of value, and for the sake of both clarity and the avoidance of
confusion in the mind of the public, based on the prior use of this
term by the Internal Revenue Service in its initial guidance (see
Notice 2014-21, released March 26, 2014) this term is used herein.
However, it is believed ``cryptocurrency'' encompasses the same
protocols as those covered by terms such as ``digital currency'',
``virtual currency'' or ``electronic currency''.
(h) ``Agencies'' is defined as the regulatory bodies of the Federal
Government and the State governments or political subdivision thereof,
including but not limited to the Commodity and Futures Trading
Committee (``CFTC''), the Securities and Exchange Commission (``SEC''),
the Board of Governors of the Federal Reserve, the Financial Crimes
Enforcement Network (``FinCEN''), and the New York State Department of
Financial Services (``NYSDFS'').
(i) ``Smart Contracts'' are cryptographically encoded agreements,
often utilizing multi-signature technology, which allow for automatic
or multi-party execution and public recording of transactions or
property transfers when certain predetermined parameters are met.
(j) ``Multi-Signature Transactions'' are cryptographic contracts
encoded in the blockchain, often involving third-party arbitrators or
oracles, which are finalized when a pre-set number of involved parties
sign off. In a three-party multi-signature transaction involving an
arbitrator, the transaction may be finalized only when two (2) out of
the three (3) parties--a buyer, a seller, and/or the arbitrator--sign
off on the transaction.
(k) ``Cryptographic Escrow Services'' are services that allow for
fund transfers subject to the authorization of an arbitrator or other
intermediary. These transactions can utilize multi-signature
technology, allowing for the possibility of arbitration without
requiring any actual transfer of funds through the intermediary.
(l) ``Oracles'' are automated programs or algorithms acting as
signatories to multi-signature transactions. Utilizing databases and
information amalgamators, an oracle automatically executes its
signature when predetermined threshold is met.
(m) ``Cryptocurrency Economy Transactions'' or ``Bitcoin Economy
Transactions'' are transactions involving financial instruments
denominated in Bitcoin or another cryptocurrency underlying a
transaction which is also denominated in Bitcoin or another
cryptocurrency. A Bitcoin-denominated credit default swap that
references a Bitcoin-denominated loan would be a Bitcoin Economy
Transaction.
SEC. 4. DECLARATION OF MORATORIUM.
(a) In General.--It is the public policy of the United States that
no new statutes, regulations or advisory opinions be passed,
implemented, enforced or issued governing the creation, use, possession
or taxation of cryptocurrencies, the protocols governing each and the
data, codes, algorithms or other calculations comprising each, until
the expiration of the moratorium as provided in this Act.
(b) Public Interest.--It is further the public policy of the United
States that the development and use of any medium of exchange which
utilizes cryptographic proof of and for a transaction of cryptocurrency
without the need for or reliance upon third-party intermediaries or
verification will enhance the economic well-being of the American
people and result in significant economic growth. Given the
blockchain's capacity to serve as a public ledger, software developers
are creating mechanisms for ``smart'' technologies that will eliminate
the need for many forms of costly intermediation ranging from third-
party arbitration in legal disputes to key-exchanges in car and hotel
rentals. The capacity for publicly recorded multi-signature
transactions will allow for the seamless property transfers that are
certifiable, public and secure without the use of an intermediary.
These and other uses increase market efficiency and facilitate economic
activity and growth. Moreover, these advances promote the autonomy and
liberty of individuals and small businesses at the expense of needless
bureaucracy.
SEC. 5. DECLARATION OF NEUTRAL TAX TREATMENT.
(a) In General.--It is the public policy of the United States that
the production, possession or use of cryptocurrency, whether in trade,
commerce or personal non-commercial transfers, should not be disfavored
or discouraged by the Federal tax code or other Federal or State
statute or regulation.
(b) Tax Treatment.--It is the public policy of the United States
that the current guidance just promulgated and released by the Service
in its Notice 2014-21 is advisory, subject to public comment and not in
final form pending the expiration of the comment period. As such,
Congress believes that the current guidance is less than optimal for
the American people and economy, and directs the Service to issue or
revise interim regulations consistent with the following.
(c) Treatment as Currency.--It is the public policy of the United
States that virtual currencies should be treated as currency instead of
property in order to foster an equitable tax treatment and prevent a
tax treatment that would discourage the use of any cryptocurrency. Tax
treatment of cryptocurrency as property does not account for the
substantial illiquidity and highly limited acceptance and use of
cryptocurrency, and substantially and unfairly discourages taxpayers
engaging in a trade or business from using cryptocurrency in commerce.
This circumstance is likely to discourage economic activity and stifle
innovation and growth. At present, a taxpayer accepting cryptocurrency
for goods or services will be taxed on the fair market value of the
cryptocurrency despite the fact that exchange rates (from
cryptocurrency to conventional currency) are both highly volatile and
published or available only on a small number of proto-exchanges in the
early stages of development, acceptance and awareness by cryptocurrency
users. As a result, current tax treatment will measure income on the
basis of an illiquid and likely inaccurate fair market value that
exceeds the taxpayer's true fair market value and hence income,
resulting in the risk of a consistent overtaxation or overpayment that
will act as a strong deterrent to or penalty for accepting
cryptocurrency in payment. Such tax treatment is inconsistent with the
tax treatment of secured notes for payment in trade or commerce, which
recognizes a discount from the face value of the note due to the
illiquid nature of the payment. (Note: See IRS Pub. 525 at 4.)
(d) Revenue in Trade or Business; Taxation Upon Monetizing Event.--
It is the public policy of the United States that taxpayers accepting
cryptocurrency in trade or commerce should be deemed to realize actual
income only when cryptocurrency is monetized through conversion or
exchange into dollars or any official government currency, and that
fair market value should be calculated as net proceeds from the
conversion. (Note: This treatment seeks to achieve the most accurate
and fair measure of actual income received, as distinguished from
theoretical income in the form of cryptocurrency which, until its
conversion to dollars, remains under substantial risk of diminution
from illiquidity or other conversion risks or inefficiencies. This
treatment is consistent with tax treatment of statutory stock options
where the taxable event is not the receipt or exercise of the option,
but the sale of the underlying stock for proceeds in cash. The goal
here is to have income taxed when the income is actual instead of
theoretical and subject to substantial if not total risk of loss
through liquidity problems, exchange problems or other barriers to
monetization.) Accordingly, as it is the further public policy of the
United States that income on cryptocurrency received in trade or
business should be defined as the net proceeds from conversion of the
received cryptocurrency into dollars, the Service is hereby directed to
revise or issue interim regulations consistent herewith.
(e) Revenue From Mining or Creation of Cryptocurrency.--It is the
public policy of the United States that the Service's guidance that
taxpayers should have the fair market value of the cryptocurrency they
successfully ``mine'' or produce included in gross income is
inequitable, overstates actual income by overstating fair market value
by not accounting for the liquidity risk or the risk that substantial
effort may yield no production, and strongly and unfairly penalizes or
discourages such income producing efforts and deters economic growth,
activity and innovation. Accordingly, as it is the further public
policy of the United States that mined produced cryptocurrency should
be taxed as income only when actual a transfer and conversion of
proceeds into dollars realize income, the Service is hereby directed to
revise or issue interim regulations consistent herewith.
SEC. 6. SEVERABILITY.
If any provision of this title, or any amendment made by this
title, or the application of that provision to any person or
circumstance, is held by a court of competent jurisdiction to violate
any provision of the Constitution of the United States, then the other
provisions of that title, and the application of that provision to
other persons and circumstances, shall not be affected. | Online Market Protection Act of 2014 - Prohibits, for a five-year moratorium period beginning June 1, 2015, federal, state, and local governments from imposing statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession, or transfer of any algorithmic protocols governing the operation of any virtual, non-physical algorithm or computer source code-based medium for exchange (cryptocurrency). Defines cryptocurrency as a popular term encompassing code-based protocols supporting an electronic, non-physical medium for the exchange of value. Prohibits all such governmental entities, during the moratorium period, from imposing further statutory restrictions or regulations affecting Smart Contract platforms such as cryptographic escrow services, multi-signature transactions, and oracles in order to allow for the growth and facilitation of these facets of cryptological technology. Requires federal and state agencies to consider cryptocurrencies "exempt commodities" akin to gold and silver, rather than "excluded commodities" such as national fiat currencies. Declares that the Bitcoin cryptological protocol is not strictly a currency, but rather a broad multifaceted protocol which allows for myriad novel applications. Denies federal and state agencies jurisdiction over Cryptocurrency Economy Transactions or Bitcoin Economy Transactions. States it is the public policy of the United States that: until the expiration of the five-year moratorium no new statutes, regulations, or advisory opinions be passed, implemented, enforced, or issued governing the creation, use, possession or taxation of cryptocurrencies, including governing protocols, data, codes, algorithms, or other calculations; development and use of any medium of exchange which utilizes cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification will enhance the economic well-being of the American people and result in significant economic growth; production, possession or use of cryptocurrency, whether in trade, commerce, or personal non-commercial transfers, should not be disfavored or discouraged by either the federal tax code or other governmental statute or regulation; and the current guidance released by the Internal Revenue Service (IRS) in its Notice 2014-21 is advisory, subject to public comment, and not in final form pending the expiration of the comment period, and is less than optimal for the American people and economy. Directs the IRS to issue or revise interim regulations consistent with U.S. public policy that: virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of cryptocurrency; taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion; and mined or produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. PURPOSE.
This Act eliminates the marriage penalty.
SEC. 2. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY.
(a) In General.--Subpart B of part II of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to income tax returns)
is amended by inserting after section 6013 the following new section:
``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES.
``(a) General Rule.--A husband and wife may make a combined return
of income taxes under subtitle A under which--
``(1) a separate taxable income is determined for each
spouse by applying the rules provided in this section, and
``(2) the tax imposed by section 1 is the aggregate amount
resulting from applying the separate rates set forth in section
1(c) to each such taxable income.
``(b) Treatment of Income.--For purposes of this section--
``(1) earned income (within the meaning of section 911(d)),
and any income received as a pension or annuity which arises
from an employer-employee relationship, shall be treated as the
income of the spouse who rendered the services, and
``(2) income from property shall be divided between the
spouses in accordance with their respective ownership rights in
such property.
``(c) Treatment of Deductions.--For purposes of this section--
``(1) except as otherwise provided in this subsection, the
deductions allowed by section 62(a) shall be allowed to the
spouse treated as having the income to which such deductions
relate,
``(2) the deduction for retirement savings described in
paragraph (7) of section 62(a) shall be allowed to the spouse
for whose benefit the savings are maintained,
``(3) the deduction for alimony described in paragraph (10)
of section 62(a) shall be allowed to the spouse who has the
liability to pay the alimony,
``(4) the deduction referred to in paragraph (16) of
section 62(a) (relating to contributions to medical savings
accounts) shall be allowed to the spouse with respect to whose
employment or self-employment such account relates,
``(5) the deductions allowable by section 151 (relating to
personal exemptions) shall be determined by requiring each
spouse to claim 1 personal exemption and by allocating the
personal exemptions under section 151(c) (relating to
dependents) as provided in paragraph (7) or in such other
manner as the spouses agree,
``(6) section 63 shall be applied as if such spouses were
not married, and
``(7) each spouse's share of all other deductions shall be
determined by multiplying the aggregate amount thereof by the
fraction--
``(A) the numerator of which is such spouse's
adjusted gross income, and
``(B) the denominator of which is the combined
adjusted gross incomes of the 2 spouses.
Any fraction determined under paragraph (7) shall be rounded to the
nearest percentage point.
``(d) Treatment of Credits.--Credits shall be determined (and
applied against the joint liability of the couple for tax) as if the
spouses had filed a joint return.
``(e) Treatment as Joint Return.--Except as otherwise provided in
this section or in the regulations prescribed hereunder, for purposes
of this title (other than sections 1 and 63(c)) a combined return under
this section shall be treated as a joint return.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out this section.''.
(b) Unmarried Rate Made Applicable.--So much of subsection (c) of
section 1 of such Code as precedes the table is amended to read as
follows:
``(c) Separate or Unmarried Return Rate.--There is hereby imposed
on the taxable income of every individual (other than a married
individual (as defined in section 7703) filing a joint return or a
separate return, a surviving spouse as defined in section 2(a), or a
head of household as defined in section 2(b)) a tax determined in
accordance with the following table:''.
(c) Basic Standard Deduction for Unmarried Individuals Made
Applicable.--Subparagraph (C) of section 63(c)(2) of such Code is
amended by striking all that follows the dollar amount and inserting
``in the case of an individual who is not--
``(i) a married individual filing a joint
return or a separate return,
``(ii) a surviving spouse, or
``(iii) a head of household, or''.
(d) Clerical Amendment.--The table of sections for subpart B of
part II of subchapter A of chapter 61 of such Code is amended by
inserting after the item relating to section 6013 the following:
``Sec. 6013A. Combined return with
separate rates.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate. |
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 ``Post Terrorism Mental Health
Improvement Act''.
SEC. 2. PLANNING AND TRAINING GRANTS.
Section 520A of the Public Health Service Act (42 U.S.C. 290bb-32)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting before the
semicolon the following: ``, including the training of
mental health professionals with respect to evidence-
based practices in the treatment of individuals who are
victims of a disaster'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period and
inserting a semicolon; and
(D) by inserting after paragraph (4), the
following:
``(5) the development of coordinated response plans for
responding to the mental health needs (including the response
efforts of private organizations) that arise from a disaster,
including the development and expansion of the 2-1-1 or other
universal hotline as appropriate; and
``(6) the establishment of a mental health disaster
response clearinghouse.'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) State Comments.--With respect to a State or local public
entity that submits an application for assistance under this section
and that intends to use such assistance as provided for in subsection
(a)(5), such entity shall provide notice of such application to the
chief executive officer of the State, the State mental health
department, and the State office responsible for emergency preparedness
who shall consult with providers and organizations serving public
safety officials and others involved in responding to the crisis, and
provide such officer, department and office with the opportunity to
comment on such application.
``(g) Definition.--For purposes of subsection (a)(2), the term
`mental health professional' includes psychiatrists, psychologists,
clinical psychiatric nurse specialists, mental health counselors,
marriage and family therapists, clinical social workers, pastoral
counselors, school psychologists, licensed professional counselors,
school guidance counselors, and any other individual practicing in a
mental health profession that is licensed or regulated by a State
agency.''.
SEC. 3. GRANTS TO DIRECTLY AFFECTED AREAS TO ADDRESS LONG-TERM NEEDS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall award grants
to eligible State and local governments and other public entities to
enable such entities to respond to the long-term mental health needs
arising from the terrorist attacks of September 11, 2001.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a) an entity shall--
(1) be a State or local government or other public entity
that is located in an area that is directly affected (as
determined by the Secretary) by the terrorist attacks of
September 11, 2001; and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(c) Use of Funds.--A grantee shall use amounts received under a
grant under subsection (a)--
(1) to carry out activities to locate individuals who may
be affected by the terrorist attacks of September 11, 2001 and
in need of mental health services;
(2) to provide treatment for those individuals identified
under paragraph (1) who are suffering from a serious
psychiatric illness as a result of such terrorist attack,
including paying the costs of necessary medications; and
(3) to carry out other activities determined appropriate by
the Secretary.
(d) Supplement not Supplant.--Amounts expended for treatments under
subsection (c)(2) shall be used to supplement and not supplant amounts
otherwise made available for such treatments (including medications)
under any other Federal, State, or local program or under any health
insurance coverage.
(e) Use of Private Entities and Existing Providers.--To the extent
appropriate, a grantee under subsection (a) shall--
(1) enter into contracts with private, nonprofit entities
to carry out activities under the grant; and
(2) to the extent feasible, utilize providers that are
already serving the affected population, including providers
used by public safety officials.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary in
each of fiscal years 2002 through 2005.
SEC. 4. RESEARCH.
Part A of title II of the Public Health Service Act (42 U.S.C. 202
et seq.) is amended by adding at the end the following:
``SEC. 229. RESEARCH.
``Notwithstanding any other provision of law, the Secretary may
waive any restriction on the amount of supplemental funding that may be
provided to any disaster-related scientific research project that is
funded by the Secretary.''.
SEC. 5. CHILDREN WHO EXPERIENCE VIOLENCE-RELATED STRESS.
(a) In General.--Section 582(f) of the Public Health Service Act
(42 U.S.C. 290hh-1(f)) is amended by striking ``2002 and 2003'' and
inserting ``2002 through 2005''.
(b) Sense of Congress.--It is the sense of Congress that the
program established under section 582 of the Public Health Service Act
(42 U.S.C. 290hh-1) should be fully funded.
Passed the Senate December 12, 2001.
Attest:
JERI THOMSON,
Secretary. | Post Terrorism Mental Health Improvement Act - Amends the Public Health Service Act to include training and response plans for mental health needs arising out of a disaster within existing mental health services demonstration projects.(Sec. 3) Requires the Secretary of Health and Human Services to award grants to public entities in areas directly affected by the September 11, 2001, terrorist attacks to address long-term mental health needs. Permits grantees to enter into contracts with private, nonprofit entities and utilize existing providers. Requires such grants to support outreach and supplemental treatment activities.(Sec. 4) Permits the Secretary to waive otherwise applicable restrictions on supplemental funding for disaster-related scientific research projects.(Sec. 5) Extends through FY 2005 the program assisting local communities in assisting children to deal with violence. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Broadband Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``advanced telecommunications capability'' has
the meaning given the term in section 706(d)(1) of the
Telecommunications Act of 1996 (47 U.S.C. 1302(d)(1));
(2) the term ``advanced telecommunications capability or
services'' means--
(A) advanced telecommunications capability; or
(B) services using advanced telecommunications
capability;
(3) the term ``Indian tribe'' has the meaning given the
term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e));
(4) the term ``public provider'' means--
(A) a State or political subdivision thereof;
(B) any agency, authority, or instrumentality of a
State or political subdivision thereof;
(C) an Indian tribe; or
(D) any entity that is owned by, controlled by, or
otherwise affiliated with--
(i) a State or political subdivision
thereof;
(ii) an agency, authority, or
instrumentality of a State or political
subdivision thereof; or
(iii) an Indian tribe; and
(5) the term ``telecommunications service'' has the meaning
given the term in section 3 of the Communications Act of 1934
(47 U.S.C. 153).
SEC. 3. LOCAL GOVERNMENT PROVISION OF TELECOMMUNICATIONS SERVICE AND
ADVANCED TELECOMMUNICATIONS CAPABILITY AND SERVICES.
No statute, regulation, or other legal requirement of a State or
local government may prohibit, or have the effect of prohibiting or
substantially inhibiting, any public provider from providing
telecommunications service or advanced telecommunications capability or
services to any person or any public or private entity.
SEC. 4. SAFEGUARDS.
(a) Administration.--To the extent any public provider regulates
competing providers of telecommunications services or advanced
telecommunications capability or services, the public provider shall
apply its ordinances, rules, and policies, including those relating to
the use of public rights-of-way, permitting, performance bonding, and
reporting, without discrimination in favor of--
(1) the public provider; or
(2) any other provider of telecommunications service or
advanced telecommunications capability or services that the
public provider owns or with which the public provider is
affiliated.
(b) Application of General Laws.--Nothing in this Act exempts a
public provider that offers telecommunications service or advanced
telecommunications capability or services to the public from any
Federal communications law or regulation that applies to all providers
of telecommunications services or advanced telecommunications
capability or services to the public.
SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED.
Each public provider that intends to provide telecommunications
service or advanced telecommunications capability or services to the
public is encouraged to consider the potential benefits of a public-
private partnership before providing the capability or services.
SEC. 6. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY TO BID.
(a) Notice and Opportunity To Be Heard.--Before a public provider
may provide telecommunications service or advanced telecommunications
capability or services to the public, either directly or through a
public-private partnership, the public provider shall--
(1) publish notice of its intention to do so;
(2) generally describe the capability or services to be
provided and the proposed coverage area for the capability or
services;
(3) identify any special capabilities or services to be
provided in low-income areas or other demographically or
geographically defined areas;
(4) provide local citizens and private-sector entities with
an opportunity to be heard on the costs and benefits of the
project and potential alternatives to the project, including
any bids under paragraph (5); and
(5) provide private-sector entities with an opportunity to
bid to provide the capability or services during the 30-day
period beginning on the date on which the notice required under
paragraph (1) is published.
(b) Application to Existing Projects and Pending Proposals.--
Subsection (a) shall not apply to--
(1) any contract or other arrangement under which a public
provider is providing telecommunications service or advanced
telecommunications capability or services to the public as of
the date of enactment of this Act; or
(2) any public provider proposal to provide
telecommunications service or advanced telecommunications
capability or services to the public that, as of the date of
enactment of this Act--
(A) is in the request-for-proposals process;
(B) is in the process of being built; or
(C) has been approved by referendum.
SEC. 7. EXEMPTIONS.
The requirements under sections 4 and 6 shall not apply--
(1) when a public provider provides telecommunications
service or advanced telecommunications capability or services
other than to the public or to such classes of users as to make
the capability or services effectively available to the public;
or
(2) during an emergency declared by the President, the
Governor of the State in which the public provider is located,
or any other elected local official authorized by law to
declare a state of emergency in the jurisdiction in which the
public provider is located.
SEC. 8. USE OF FEDERAL FUNDS.
If any project providing telecommunications service or advanced
telecommunications capability or services under this Act fails due to
bankruptcy or is terminated by a public provider, no Federal funds may
be provided to the public provider specifically to assist the public
provider in reviving or renewing that project, unless the failure due
to bankruptcy occurred in a jurisdiction that is subject to a
declaration by the President of a major disaster, as defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122). | Community Broadband Act of 2015 Bars states or local governments from prohibiting or inhibiting states, local government agencies, entities affiliated with state or local agencies, or Indian tribes from providing telecommunications services or advanced telecommunications capabilities to any person or any public or private entity. Prohibits government providers of public telecommunications services from favoring themselves over competing providers in the application of regulations, ordinances, public rights-of-way, or permitting requirements. Directs local governments or affiliates intending to provide public telecommunications services to consider public-private partnerships. Requires local governments or affiliates, before providing telecommunications services to the public, to provide public notice and opportunities for public input and private-sector bidding. Provides an exemption from the prohibition on local governments favoring themselves in the application of regulations, and from the requirement to provide public notice and private bidding opportunities, during an emergency declared by the President, a governor, or an authorized elected local official. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clear Your Good Name Act''.
SEC. 2. REFERENCES IN FEDERAL RECORDS TO VOIDABLE ARRESTS.
(a) In General.--Any reference in any Federal law enforcement
agency record to an arrest of a person living after the effective date
of this Act, and any Federal law enforcement agency record (such as
fingerprint records or photographs) generated pursuant to that arrest,
shall be expunged--
(1) not later than 30 days after the date on which that
arrest becomes a voidable arrest, if the arrest occurred on or
after the effective date of this Act; or
(2) to the extent provided in a Federal expungement order,
if the arrest occurred before the effective date of this Act.
(b) Federal Expungement Order.--Any person living after the
effective date of this Act may petition a Federal district court of
competent jurisdiction for a Federal expungement order referred to in
subsection (a)(2). If the court finds that the arrest is a voidable
arrest, the court shall order the custodian of the record to expunge,
not later than 30 days after the receipt of the order--
(1) any reference to that arrest; and
(2) any record generated pursuant to that arrest.
(c) Regulations.--The Attorney General shall issue regulations to
ensure compliance with the requirements of subsection (a).
(d) Class B Misdemeanor.--Whoever knowingly fails to expunge a
reference or record required to be expunged by this section, or
releases a reference or record required to be expunged by this section,
shall be--
(1) guilty of a class B misdemeanor; and
(2) punished in accordance with title 18, United States
Code.
(e) Right of Individual With Voidable Arrest.--If an arrest is a
voidable arrest, the person arrested may respond to any inquiry as
though the arrest did not occur, unless otherwise provided by law.
(f) Voidable Arrest.--For purposes of this Act, the term ``voidable
arrest'' means any arrest resulting in any of the following:
(1) Release of the person without the filing of formal
charges against the person.
(2) Dismissal of proceedings against the person.
(3) A determination that the arrest was without probable
cause.
(g) Effective Date.--This section shall take effect on the first
day of the fiscal year succeeding the first fiscal year beginning two
years after the date of the enactment of this Act.
SEC. 3. REFERENCES IN STATE RECORDS TO VOIDABLE ARRESTS.
(a) Grant Incentive.--Section 506 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by
adding at the end the following:
``(g) Incentive Funds.--
``(1) In general.--The funds available under this subpart
for a State shall be increased by 10 percent if a State has in
effect throughout the State a law which provides expungement
procedures, criminal penalties, and individual rights with
respect to voidable arrests that are substantially similar to
the Federal procedures, penalties, and rights set forth in
section 2 of the Clear Your Good Name Act.
``(2) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements of
paragraph (1).''.
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``subsection (f),'' and inserting ``subsections (f)
and (g),''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the fiscal year succeeding the first fiscal
year beginning two years after the date of the enactment of this Act.
SEC. 4. REPORTS.
(a) Federal Arrests and Expungements.--After the end of each fiscal
year during which section 2 of this Act is in effect, the Attorney
General shall submit to Congress a report on the implementation of that
section in that fiscal year. The report shall include the following
information:
(1) The number of arrests that, during that fiscal year,
became voidable arrests.
(2) The number of voidable arrests the records of which
were, during that fiscal year, expunged under section 2(a)(1)
of this Act.
(3) The number of voidable arrests the records of which
were, during that fiscal year, expunged under section 2(a)(2)
of this Act.
(b) State Arrests and Expungements.--After the end of each fiscal
year during which subsection (g) of section 506 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), as
added by section 3 of this Act, is in effect, the Attorney General
shall submit to Congress a report on the implementation of that
subsection in that fiscal year. The report shall include, for each
State referred to in that subsection, the following information:
(1) The number of arrests that, during that fiscal year,
became voidable arrests.
(2) The number of voidable arrests the records of which
were, during that fiscal year, expunged under the provision of
law of that State that is substantially similar to section
2(a)(1) of this Act.
(3) The number of voidable arrests the records of which
were, during that fiscal year, expunged under the provision of
law of that State that is substantially similar to section
2(a)(2) of this Act. | Clear Your Good Name Act - Requires that a reference in any Federal law enforcement agency record to an arrest of a person living after the effective date of this Act, and any Federal law enforcement record (such as fingerprint records or photographs) generated pursuant to that arrest, be expunged: (1) within 30 days after the date on which that arrest becomes a "voidable arrest" (i.e., an arrest resulting in the release of the person without the filing of formal charges, dismissal of proceedings against the person, or a determination that the arrest was without probable cause); and (2) to the extent provided in a Federal expungement order, if the arrest occurred before this Act's effective date. Permits individuals to petition for a Federal expungement order.Makes it a class B misdemeanor to release or to knowingly fail to expunge a reference or record required to be expunged by this Act. Allows the person arrested to respond to any inquiry as though the voidable arrest did not occur.Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the percentage of funding under the drug control and system improvement (Byrne) grant program if a State has in effect a law which provides substantially similar expungement procedures, criminal penalties, and individual rights regarding voidable arrests. |
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SECTION 1. MODIFICATION OF POLICY ON PLUTONIUM USE.
(a) Findings.--The Congress finds the following:
(1) All grades of plutonium, irrespective of their
designation as civil or military, can be used to make nuclear
explosive devices.
(2) The Department of Defense has stated its view that the
proliferation risks posed by reprocessing and separated
plutonium under international safeguards are unacceptably high.
(3) The Deputy Director of the International Atomic Energy
Agency stated that the excess of plutonium from civilian
nuclear programs poses a major political and security problem
worldwide.
(4) Reprocessing programs that will produce large
stockpiles of civil plutonium in nations not deemed to pose a
proliferation risk may encourage or be used to justify such
programs in nations and regions that pose a proliferation risk.
(5) There are already large surplus stockpiles of separated
plutonium in the world.
(6) Abundant and inexpensive global sources of uranium and
uranium enrichment services have steadily eroded the economic
need for the use of plutonium in civilian nuclear reactors.
(7) Breeder reactors were once supposed to be the principal
consumers of civil plutonium but have now encountered major
financial and technical problems and recently have been
abandoned or shut down in Germany, France, and Britain and have
suffered major delays in Japan.
(8) Reprocessing was once regarded as an economic and
efficient approach to nuclear fuel recycling and waste
management but is now widely recognized as extremely costly and
posing major environmental hazards.
(9) The United States has suspended the production of
military plutonium and has abandoned civil reprocessing and
commercial breeder reactor development in the United States.
(10) The plutonium to be recovered from dismantled United
States and Russian warheads will further augment large surplus
stockpiles of separated plutonium in the world.
(11) Russia continues to separate plutonium for both civil
and military purposes and has accumulated a surplus of some 30
tons of civil plutonium, for which there is no safe,
commercially viable application.
(12) Much of the world surplus of civil plutonium has
resulted from reprocessing in the United Kingdom, France, and
Japan of spent fuel derived from United States-origin low
enriched uranium, and the United States continues to bear
responsibility for the transfer and disposition of such
material under nuclear cooperation agreements with these
countries.
(13) Enormous amounts of additional civil plutonium,
exceeding the amounts of plutonium now contained in nuclear
weapons, may soon be recovered in reprocessing plants that are
to be started up or constructed in the United Kingdom, France,
and Japan in the near future.
(14) Once these new plants start up and become contaminated
with radiation, the environmental difficulties of shutdown and
clean-up increase dramatically.
(15) The new Thermal Oxide Reprocessing Plant (THORP) in
the United Kingdom, if operated as proposed, will separate 59
tons of plutonium from spent fuel over the next decade.
(16) The President has written to Members of Congress that
he has asked for a review of United States nonproliferation
policies, including specific attention to the issue of British
reprocessing.
(17) The Irish government declared on February 1st that the
bringing on stream of THORP represents an additional and
unnecessary risk to the health and safety of the Irish
population and that the accumulation of plutonium with no
commercial use constitutes a grave proliferation risk.
(18) The parties to the 1974 Convention for the Prevention
of Marine Pollution from Land-based Sources agreed on June 16
that a new or revised discharge authorization for radioactive
discharges from nuclear reprocessing installations should only
be issued by national authorities if special consideration is
given to information on the need for spent fuel reprocessing
and on other options, a full environmental impact statement,
and other criteria.
(19) The Government of the United Kingdom is currently
conducting an internal review, scheduled to be completed this
year, to determine if THORP will be allowed to start up or if
an independent public inquiry into its operation will be held
prior to a start-up determination.
(20) In a June 1993 report by the General Accounting Office
entitled ``Nuclear Non-Proliferation: Japan's Shipment of
Plutonium Raises Concerns about Reprocessing'', a British
Government official was quoted as stating that the rationale
for operating THORP is no longer valid because THORP cannot be
a financially successful venture, and that without economic
justification to engage in commercial reprocessing, the basis
for reprocessing in the United Kingdom has collapsed.
(b) Sense of Congress.--It is the sense of Congress that the start-
up or continued operation of any plutonium separation plant presents
serious environmental hazards and increases the risk of nuclear
proliferation and therefore should be suspended until the outstanding
proliferation and environmental concerns set forth in subsection (a)
have been thoroughly addressed and resolved.
(c) Presidential Action.--The Congress urges the President--
(1) to convey the sense of the Congress set forth in
subsection (b) to the Governments of the United Kingdom,
France, Japan, and Russia; and
(2) to address the proliferation and environmental
implications of THORP in high-level bilateral discussions with
the Government of the United Kingdom before the conclusion of
the review described in subsection (a)(19). | Expresses the sense of the Congress that the start-up or continued operation of any plutonium separation plant presents serious environmental hazards and increases the risk of nuclear proliferation and should be suspended until specified proliferation and environmental concerns have been resolved.
Urges the President to: (1) convey such opinion to the Governments of the United Kingdom, France, Japan, and Russia; and (2) address the proliferation and environmental implications of the new Thermal Oxide Reprocessing Plant (THORP) in the United Kingdom in high-level discussions with the Government of the United Kingdom before the conclusion of such Government's internal review of whether THORP will be allowed to start up. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stock Option Accounting Reform
Act''.
SEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED
OFFICERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(m) Mandatory Expensing of Stock Options.--
``(1) Named executive officer.--As used in this subsection,
the term `named executive officer' means--
``(A) all individuals serving as the chief
executive officer of an issuer, or acting in a similar
capacity, during the most recent fiscal year,
regardless of compensation level; and
``(B) the 4 most highly compensated executive
officers, other than an individual identified under
subparagraph (A), that were serving as executive
officers of an issuer at the end of the most recent
fiscal year.
``(2) In general.--Subject to paragraph (4), every issuer
of a security registered pursuant to section 12 shall show as
an expense in the annual report of such issuer filed under
subsection (a)(2), the fair value of all options to purchase
the stock of the issuer granted after December 31, 2004, to a
named executive officer of the issuer.
``(3) Fair value.--
``(A) In general.--The fair value of an option to
purchase the stock of the issuer that is subject to
paragraph (2) shall--
``(i) be equal to the value that would be
agreed upon by a willing buyer and seller of
such option, who are not under any compulsion
to buy or sell such option; and
``(ii) take into account all of the
characteristics and restrictions imposed upon
the option.
``(B) Pricing model.--To the extent that an option
pricing model, such as the Black-Scholes method or a
binomial model, is used to determine the fair value of
an option, the assumed volatility of the underlying
stock shall be zero.
``(4) Exemptions.--
``(A) Small business issuers.--This subsection
shall not apply to an issuer, if--
``(i) the issuer has annual revenues of
less than $25,000,000;
``(ii) the issuer is organized under the
laws of the United States, Canada, or Mexico;
``(iii) the issuer is not an investment
company (as such term is defined under section
3 of the Investment Company Act of 1940 (15
U.S.C. 80a-3));
``(iv) the aggregate value of the
outstanding voting and non-voting common equity
securities of the issuer held by non-affiliated
parties is less than $25,000,000; and
``(v) in the case of an issuer that meets
the criteria in clauses (i) through (iv) and is
a majority-owned subsidiary, the parent of the
issuer meets the requirements of this
paragraph.
``(B) Delayed effectiveness.--The requirements of
this subsection shall not apply to an issuer before the
end of the 3-year period beginning on the date of the
completion of the initial public offering of the
securities of the issuer, and shall only apply to an
option to purchase the stock of an issuer granted after
such date.
``(5) Voluntary expensing.--Notwithstanding the
requirements of this subsection, issuers may elect to expense
the fair value of all officer and employee stock options in the
annual report of such issuer under subsection (a)(2), in
accordance with the expensing alternative of Statement of
Financial Accounting Standards Number 123, and any such issuer
making such election in the annual report for a fiscal year
shall not be subject to paragraphs (2) through (4) of this
subsection for such fiscal year.''.
SEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY.
(a) Prohibition.--Section 19(b) of the Securities Act of 1933 (15
U.S.C. 77s(b)) is amended by adding at the end the following:
``(3) Prohibition on expensing standards.--
``(A) In general.--The Commission shall not
recognize as `generally accepted' any accounting
principle relating to the expensing of stock options
unless--
``(i) it complies with the requirements of
subparagraph (B); and
``(ii) the economic impact study required
under section 3(b) of the Stock Option
Accounting Reform Act has been completed.
``(B) Requirements.--A standard referred to in
subparagraph (A) shall require that--
``(i) if an option to purchase the stock of
an issuer that is subject to the requirements
of section 13(m) of the Securities Exchange Act
of 1934 is exercised--
``(I) any expense that had been
reported under that section 13(m) with
respect to such option shall be
recomputed as of the date of exercise
and shall be equal to the difference
between the price of the underlying
stock and the exercise price; and
``(II) to the extent the recomputed
amount differs from the amount
previously reported under section 13(m)
with respect to such option, the
difference shall be reported in the
fiscal year in which the option is
exercised as a reduction or increase,
as the case may be, of the total
expense required to be reported under
that section 13(m) during that fiscal
year;
``(ii) if an option to purchase the stock
of an issuer that is subject to the
requirements of section 13(m) of the Securities
Exchange Act of 1934 is forfeited or expires
unexercised, any expense that had been reported
under that section 13(m) with respect to such
option shall be reported in the fiscal year in
which the option expires or is forfeited as a
reduction of the total expense required to be
reported under that section 13(m) during that
fiscal year; and
``(iii) to the extent that any reduction
required under clause (i) or (ii) exceeds total
option expenses for any fiscal year, such
excess shall be reported as income with respect
to options to purchase the stock of the issuer.
``(C) Exception for voluntary expensing.--Nothing
in this paragraph or in any other provision of the
Stock Option Accounting Reform Act shall prevent the
Commission from continuing to recognize the expensing
alternative of Statement of Financial Accounting
Standards Number 123 as part of generally accepted
accounting principles for issuers that elect to expense
the fair value of all officer and employee stock
options in the annual report of such issuer pursuant to
section 13(m)(5) of the Securities Exchange Act of
1934.''.
(b) Economic Impact Study.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Commerce and the Secretary of
Labor shall conduct and complete a joint study on the economic impact
of the mandatory expensing of all employee stock options, including the
impact upon--
(1) the use of broad-based stock option plans in expanding
employee corporate ownership to workers at a wide range of
income levels, with particular focus upon non-executive
employees;
(2) the role of such plans in the recruitment and retention
of skilled workers;
(3) the role of such plans in stimulating research and
innovation;
(4) the effect of such plans in stimulating the economic
growth of the United States; and
(5) the role of such plans in strengthening the
international competitiveness of businesses organized under the
laws of the United States.
SEC. 4. IMPROVED EMPLOYEE STOCK OPTION TRANSPARENCY AND REPORTING
DISCLOSURES.
(a) Enhanced Disclosures Required.--Not later than 180 days after
the date of enactment of this Act, the Commission shall, by rule,
require each issuer filing a periodic report under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) to
include in such report more detailed information regarding stock option
plans, stock purchase plans, and other arrangements involving an
employee acquisition of an equity interest in the company. Such
information shall include--
(1) a discussion, written in ``plain English'', in
accordance with the Plain English Handbook published by the
Office of Investor Education and Assistance of the Commission,
of the dilutive effect of stock option plans, including tables
or graphic illustrations of such dilutive effects;
(2) expanded disclosure of the dilutive effect of employee
stock options on the issuer's earnings per share;
(3) prominent placement and increased comparability and
uniformity of all stock option related information;
(4) the number of outstanding stock options;
(5) the weighted average exercise price of all outstanding
stock options; and
(6) the estimated number of stock options outstanding that
will vest in each year.
(b) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(2) Issuer.--The term ``issuer'' has the meaning provided
in section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7201(a)(7)).
(3) Equity interest.--The term ``equity interest'' includes
common stock, preferred stock, stock appreciation rights,
phantom stock, and any other security that replicates the
investment characteristics of such securities, and any right or
option to acquire any such security.
SEC. 5. PRESERVATION OF AUTHORITY.
Nothing in this Act shall be construed to limit the authority over
the setting of accounting principles by any accounting standard setting
body whose principles are recognized by the Securities and Exchange
Commission under section 19(b)(1) of the Securities Act of 1933 (15
U.S.C. 77s(b)(1)).
Passed the House of Representatives July 20, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Stock Option Accounting Reform Act - (Sec. 2) Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its annual report the fair value of all stock purchase options granted after December 31, 2004, to: (1) all individuals serving as the chief executive officer of an issuer, or acting in a similar capacity, during the most recent fiscal year, regardless of compensation level; and (2) the four most highly compensated executive officers (other than a chief executive officer) that were serving as executive officers of an issuer at the end of the most recent fiscal year ("named executive officer").
Defines the fair value of an option to purchase such stock.
Exempts small business issuers from the Act's requirement.
(Sec. 3) Amends the Securities Act of 1933 to prohibit the Securities and Exchange Commission (SEC) from recognizing as "generally accepted" any accounting principle relating to the expensing of stock options unless it complies with both: (1) specified expense recomputation requirements; and (2) a required joint study by the Secretaries of Commerce and of Labor of the economic impact of the mandatory expensing of employee stock options.
Requires the recomputation and re-reporting of the expense of a stock purchase option that is exercised, to equal the difference between the price of the underlying stock and the exercise price.
Requires the re-reporting as a reduction of the total expense originally required to be reported if the option expires or is forfeited.
(Sec. 4) Directs the SEC to require each issuer to include in its periodic report more detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the company, including: (1) a discussion, written in accordance with the Plain English Handbook published by the SEC Office of Investor Education and Assistance on the dilutive effect of stock option plans; (2) expanded disclosure of the dilutive effect of employee stock options on the issuer's earnings per share; (3) prominent placement and increased comparability and uniformity of all stock option related information; (4) the number of outstanding stock options; (5) the weighted average exercise price of all outstanding stock options; and (6) the estimated number of stock options outstanding that will vest in each year. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``John H. Chafee Blackstone River
Valley National Historical Park Establishment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the John H. Chafee
Blackstone River Valley National Historical Park--
(1) to help preserve, protect, and interpret the nationally
significant resources in the Blackstone River Valley that
exemplify the industrial heritage of the John H. Chafee
Blackstone River Valley National Heritage Corridor for the
benefit and inspiration of future generations;
(2) to support the preservation, protection, and
interpretation of the urban, rural, and agricultural landscape
features (including the Blackstone River and Canal) of the
region that provide an overarching context for the industrial
heritage of the National Heritage Corridor;
(3) to educate the public about--
(A) the industrial history of the National Heritage
Corridor; and
(B) the significance of the National Heritage
Corridor to the past and present; and
(4) to support and enhance the network of partners who will
continue to engage in the protection, improvement, management,
and operation of key resources and facilities throughout the
National Heritage Corridor.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``John H.
Chafee Blackstone River Valley National Historical Park'',
numbered NEFA962/111015 and dated October, 2011.
(2) National heritage corridor.--The term ``National
Heritage Corridor'' means the John H. Chafee Blackstone River
Valley National Heritage Corridor.
(3) Park.--The term ``Park'' means the John H. Chafee
Blackstone River Valley National Historical Park established
under section 4.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(5) State.--The term ``State'' means each of the States of
Massachusetts and Rhode Island.
SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE BLACKSTONE RIVER VALLEY
NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the States a unit of
the National Park System, to be known as the ``John H. Chafee
Blackstone River Valley National Historical Park''.
(b) Boundaries.--The Park shall be comprised of the following sites
and districts, as generally depicted on the map:
(1) Old Slater Mill National Historic Landmark District.
(2) Slatersville Historic District.
(3) Ashton Historic District.
(4) Whitinsville Historic District.
(5) Hopedale Village Historic District.
(6) Blackstone River and the tributaries of Blackstone
River.
(7) Blackstone Canal.
(c) Availability of Map.--The map shall be available for public
inspection in the appropriate offices of the National Park Service.
(d) Acquisition of Land.--The Secretary may acquire land or
interests in land within the boundaries of the Park by--
(1) donation;
(2) purchase with donated or appropriated funds; or
(3) exchange.
(e) Administration.--
(1) In general.--The Secretary shall administer the Park in
accordance with--
(A) this Act;
(B) the laws generally applicable to units of the
National Park System, including--
(i) the National Park Service Organic Act
(16 U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C.
461 et seq.); and
(C) any cooperative agreements entered into under
subsection (f).
(2) General management plan.--
(A) In general.--Not later than 3 years after the
date on which funds are made available to carry out
this Act, the Secretary shall prepare a general
management plan for the Park--
(i) in consultation with the States; and
(ii) in accordance with--
(I) any cooperative agreements
entered into under subsection (f); and
(II) section 12(b) of the National
Park System General Authorities Act (16
U.S.C. 1a-7(b)).
(B) Requirements.--To the maximum extent
practicable, the plan prepared under subparagraph (A)
shall consider ways to use pre-existing and/or planned
facilities and recreational opportunities in the
National Heritage Corridor, including--
(i) the Blackstone Valley Visitor Center,
Pawtucket, RI;
(ii) Captain Wilbur Kelly House, Blackstone
River State Park, Lincoln, RI;
(iii) the Museum of Work and Culture,
Woonsocket, RI;
(iv) River Bend Farm/Blackstone River and
Canal Heritage State Park, Uxbridge, MA; and
(v) Worcester Blackstone Visitors Center,
located at the former Washburn-Moen wire
factory, Worcester, MA.
(f) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with the States, political subdivisions of the
States, nonprofit organizations (including Blackstone River Valley
National Heritage Corridor, Inc.), and private property owners to
provide technical assistance and interpretation in the Park and the
National Heritage Corridor.
(g) Financial Assistance.--Subject to the availability of
appropriations, the Secretary may provide financial assistance, on a
matching basis, for the conduct of resource protection activities in
the National Heritage Corridor. | John H. Chafee Blackstone River Valley National Historical Park Establishment Act - Establishes the John H. Chafee Blackstone River Valley National Historical Park in the states of Massachusetts and Rhode Island as a unit of the National Park System.
Requires the Secretary of the Interior, through the National Park Service (NPS), to prepare a general management plan for the Park. Requires the plan to consider ways for using pre-existing and/or planned facilities and recreational opportunities in the John. H. Chafee Blackstone River Valley National Heritage Corridor.
Authorizes the Secretary to: (1) enter into cooperative agreements with the states, political subdivisions of the states, nonprofits (including Blackstone River Valley National Heritage Corridor, Inc.), and private property owners to provide technical assistance and interpretation in the Park and Corridor; and (2) provide financial assistance on a matching basis for activities to protect the Corridor's resources. |
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 ``Intellectual Property Protection and
Courts Amendments Act of 2004''.
TITLE I--ANTI-COUNTERFEITING PROVISIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Anti-counterfeiting Amendments Act
of 2004''.
SEC. 102. PROHIBITION AGAINST TRAFFICKING IN COUNTERFEIT COMPONENTS.
(a) In General.--Section 2318 of title 18, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 2318. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in subsection
(c), knowingly traffics in--
``(1) a counterfeit label or illicit label affixed to,
enclosing, or accompanying, or designed to be affixed to, enclose,
or accompany--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural work;
``(F) a work of visual art; or
``(G) documentation or packaging; or
``(2) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more than 5
years, or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work' have'' and
inserting the following: ```audiovisual work', `literary
work', `pictorial, graphic, or sculptural work', `sound
recording', `work of visual art', and `copyright owner'
have''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(4) the term `illicit label' means a genuine certificate,
licensing document, registration card, or similar labeling
component--
``(A) that is used by the copyright owner to verify that a
phonorecord, a copy of a computer program, a copy of a motion
picture or other audiovisual work, a copy of a literary work, a
copy of a pictorial, graphic, or sculptural work, a work of
visual art, or documentation or packaging is not counterfeit or
infringing of any copyright; and
``(B) that is, without the authorization of the copyright
owner--
``(i) distributed or intended for distribution not in
connection with the copy, phonorecord, or work of visual
art to which such labeling component was intended to be
affixed by the respective copyright owner; or
``(ii) in connection with a genuine certificate or
licensing document, knowingly falsified in order to
designate a higher number of licensed users or copies than
authorized by the copyright owner, unless that certificate
or document is used by the copyright owner solely for the
purpose of monitoring or tracking the copyright owner's
distribution channel and not for the purpose of verifying
that a copy or phonorecord is noninfringing;
``(5) the term `documentation or packaging' means documentation
or packaging, in physical form, for a phonorecord, copy of a
computer program, copy of a motion picture or other audiovisual
work, copy of a literary work, copy of a pictorial, graphic, or
sculptural work, or work of visual art; and
``(6) the term `counterfeit documentation or packaging' means
documentation or packaging that appears to be genuine, but is
not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the following:
``(3) the counterfeit label or illicit label is affixed to,
encloses, or accompanies, or is designed to be affixed to, enclose,
or accompany--
``(A) a phonorecord of a copyrighted sound recording or
copyrighted musical work;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or other
audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural work;
``(F) a work of visual art; or
``(G) copyrighted documentation or packaging; or''; and
(B) in paragraph (4), by striking ``for a computer
program''; and
(5) in subsection (d)--
(A) by inserting ``or illicit labels'' after ``counterfeit
labels'' each place it appears; and
(B) by inserting before the period at the end the
following: ``, and of any equipment, device, or material used
to manufacture, reproduce, or assemble the counterfeit labels
or illicit labels''.
(b) Civil Remedies.--Section 2318 of title 18, United States Code,
is further amended by adding at the end the following:
``(f) Civil Remedies.--
``(1) In general.--Any copyright owner who is injured, or is
threatened with injury, by a violation of subsection (a) may bring
a civil action in an appropriate United States district court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain a violation of subsection
(a);
``(B) at any time while the action is pending, may order
the impounding, on such terms as the court determines to be
reasonable, of any article that is in the custody or control of
the alleged violator and that the court has reasonable cause to
believe was involved in a violation of subsection (a); and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs; and
``(ii)(I) actual damages and any additional profits of
the violator, as provided in paragraph (3); or
``(II) statutory damages, as provided in paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the injured party
as a result of a violation of subsection (a), as provided
in subparagraph (B) of this paragraph; and
``(ii) any profits of the violator that are
attributable to a violation of subsection (a) and are not
taken into account in computing the actual damages.
``(B) Calculation of damages.--The court shall calculate
actual damages by multiplying--
``(i) the value of the phonorecords, copies, or works
of visual art which are, or are intended to be, affixed
with, enclosed in, or accompanied by any counterfeit
labels, illicit labels, or counterfeit documentation or
packaging, by
``(ii) the number of phonorecords, copies, or works of
visual art which are, or are intended to be, affixed with,
enclosed in, or accompanied by any counterfeit labels,
illicit labels, or counterfeit documentation or packaging.
``(C) Definition.--For purposes of this paragraph, the
`value' of a phonorecord, copy, or work of visual art is--
``(i) in the case of a copyrighted sound recording or
copyrighted musical work, the retail value of an authorized
phonorecord of that sound recording or musical work;
``(ii) in the case of a copyrighted computer program,
the retail value of an authorized copy of that computer
program;
``(iii) in the case of a copyrighted motion picture or
other audiovisual work, the retail value of an authorized
copy of that motion picture or audiovisual work;
``(iv) in the case of a copyrighted literary work, the
retail value of an authorized copy of that literary work;
``(v) in the case of a pictorial, graphic, or
sculptural work, the retail value of an authorized copy of
that work; and
``(vi) in the case of a work of visual art, the retail
value of that work.
``(4) Statutory damages.--The injured party may elect, at any
time before final judgment is rendered, to recover, instead of
actual damages and profits, an award of statutory damages for each
violation of subsection (a) in a sum of not less than $2,500 or
more than $25,000, as the court considers appropriate.
``(5) Subsequent violation.--The court may increase an award of
damages under this subsection by 3 times the amount that would
otherwise be awarded, as the court considers appropriate, if the
court finds that a person has subsequently violated subsection (a)
within 3 years after a final judgment was entered against that
person for a violation of that subsection.
``(6) Limitation on actions.--A civil action may not be
commenced under section unless it is commenced within 3 years after
the date on which the claimant discovers the violation of
subsection (a).''.
(c) Conforming Amendment.--The item relating to section 2318 in the
table of sections for chapter 113 of title 18, United States Code, is
amended to read as follows:
``2318. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging.''.
SEC. 103. OTHER RIGHTS NOT AFFECTED.
(a) Chapters 5 and 12 of Title 17; Electronic Transmissions.--The
amendments made by this title--
(1) shall not enlarge, diminish, or otherwise affect any
liability or limitations on liability under sections 512, 1201 or
1202 of title 17, United States Code; and
(2) shall not be construed to apply--
(A) in any case, to the electronic transmission of a
genuine certificate, licensing document, registration card,
similar labeling component, or documentation or packaging
described in paragraph (4) or (5) of section 2318(b) of title
18, United States Code, as amended by this title; and
(B) in the case of a civil action under section 2318(f) of
title 18, United States Code, to the electronic transmission of
a counterfeit label or counterfeit documentation or packaging
defined in paragraph (1) or (6) of section 2318(b) of title 18,
United States Code.
(b) Fair Use.--The amendments made by this title shall not affect
the fair use, under section 107 of title 17, United States Code, of a
genuine certificate, licensing document, registration card, similar
labeling component, or documentation or packaging described in
paragraph (4) or (5) of section 2318(b) of title 18, United States
Code, as amended by this title.
TITLE II--FRAUDULENT ONLINE IDENTITY SANCTIONS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fraudulent Online Identity
Sanctions Act''.
SEC. 202. AMENDMENT TO TRADEMARK ACT OF 1946.
Section 35 of the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce, to carry
out the provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly referred to as the
``Trademark Act of 1946''; 15 U.S.C. 1117), is amended by adding at the
end the following new subsection:
``(e) In the case of a violation referred to in this section, it
shall be a rebuttable presumption that the violation is willful for
purposes of determining relief if the violator, or a person acting in
concert with the violator, knowingly provided or knowingly caused to be
provided materially false contact information to a domain name
registrar, domain name registry, or other domain name registration
authority in registering, maintaining, or renewing a domain name used
in connection with the violation. Nothing in this subsection limits
what may be considered a willful violation under this section.''.
SEC. 203. AMENDMENT TO TITLE 17, UNITED STATES CODE.
Section 504(c) of title 17, United States Code, is amended by
adding at the end the following new paragraph:
``(3) (A) In a case of infringement, it shall be a rebuttable
presumption that the infringement was committed willfully for
purposes of determining relief if the violator, or a person acting
in concert with the violator, knowingly provided or knowingly
caused to be provided materially false contact information to a
domain name registrar, domain name registry, or other domain name
registration authority in registering, maintaining, or renewing a
domain name used in connection with the infringement.
``(B) Nothing in this paragraph limits what may be considered
willful infringement under this subsection.
``(C) For purposes of this paragraph, the term `domain name'
has the meaning given that term in section 45 of the Act entitled
`An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes' approved July 5,
1946 (commonly referred to as the `Trademark Act of 1946'; 15
U.S.C. 1127).''.
SEC. 204. AMENDMENT TO TITLE 18, UNITED STATES CODE.
(a) Sentencing Enhancement.--Section 3559 of title 18, United
States Code, is amended by adding at the end the following:
``(f)(1) If a defendant who is convicted of a felony offense (other
than offense of which an element is the false registration of a domain
name) knowingly falsely registered a domain name and knowingly used
that domain name in the course of that offense, the maximum
imprisonment otherwise provided by law for that offense shall be
doubled or increased by 7 years, whichever is less.
``(2) As used in this section--
``(A) the term `falsely registers' means registers in a manner
that prevents the effective identification of or contact with the
person who registers; and
``(B) the term `domain name' has the meaning given that term is
section 45 of the Act entitled `An Act to provide for the
registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions, and
for other purposes' approved July 5, 1946 (commonly referred to as
the `Trademark Act of 1946') (15 U.S.C. 1127).''.
(b) United States Sentencing Commission.--
(1) Directive.--Pursuant to its authority under section 994(p)
of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review and
amend the sentencing guidelines and policy statements to ensure
that the applicable guideline range for a defendant convicted of
any felony offense carried out online that may be facilitated
through the use of a domain name registered with materially false
contact information is sufficiently stringent to deter commission
of such acts.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall provide sentencing enhancements for
anyone convicted of any felony offense furthered through knowingly
providing or knowingly causing to be provided materially false
contact information to a domain name registrar, domain name
registry, or other domain name registration authority in
registering, maintaining, or renewing a domain name used in
connection with the violation.
(3) Definition.--For purposes of this subsection, the term
``domain name'' has the meaning given that term in section 45 of
the Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly referred to as the
``Trademark Act of 1946''; 15 U.S.C. 1127).
SEC. 205. CONSTRUCTION.
(a) Free Speech and Press.--Nothing in this title shall enlarge or
diminish any rights of free speech or of the press for activities
related to the registration or use of domain names.
(b) Discretion of Courts in Determining Relief.--Nothing in this
title shall restrict the discretion of a court in determining damages
or other relief to be assessed against a person found liable for the
infringement of intellectual property rights.
(c) Discretion of Courts in Determining Terms of Imprisonment.--
Nothing in this title shall be construed to limit the discretion of a
court to determine the appropriate term of imprisonment for an offense
under applicable law.
TITLE III--COURTS
SEC. 301. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT OF
COLORADO.
Section 85 of title 28, United States Code, is amended by inserting
``Colorado Springs,'' after ``Boulder,''.
SEC. 302. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT OF NEW YORK.
Section 112(a) of title 28, United States Code, is amended by
inserting ``Plattsburgh,'' after ``Malone,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Intellectual Property Protection and Courts Amendments Act of 2004 - Title I: Anti-counterfeiting Provisions - Anti-counterfeiting Amendments Act of 2004 - (Sec. 102) Rewrites Federal criminal code provisions regarding trafficking in counterfeit labels. Prohibits knowingly trafficking in: (1) a counterfeit or illicit label (defined in this Act) affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany, a phonorecord, a copy of a computer program, motion picture (or other audiovisual work), literary work, or pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging; or (2) counterfeit documentation or packaging.
Provides for forfeiture or destruction of illicit (as well as counterfeit) labels and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.
Authorizes a copyright owner who is injured, or threatened with injury, by a violation to bring a civil action in U.S. district court. Authorizes the court: (1) to grant temporary or permanent injunctions to prevent or restrain violations; (2) to order the impounding of any article in the alleged violator's custody or control that was involved in a violation; and (3) to award to the injured party reasonable attorney fees and costs, actual damages, and any additional profits of the violator or statutory damages, as specified.
Authorizes: (1) the injured party to elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits an award of statutory damages for each violation in a sum of between $2,500 and $25,000; and (2) the court to increase an award of damages by three times the amount that would otherwise be awarded for a violation occurring within three years after a final judgment was entered for a previous violation. Requires a civil action to be commenced within three years after the the violation is discovered.
(Sec. 103) Declares that this title shall not: (1) affect provisions governing liability under Federal copyright law or fair use of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging; or (2) be construed to apply to the electronic transmission of certificates, licensing documents, registration cards, similar labeling components, or documentation or packaging.
Title II: Fraudulent Online Identity Sanctions - Fraudulent Online Identity Sanctions Act - (Sec. 202) Amends the Trademark Act of 1946 and Federal copyright law to make it a a rebuttable presumption that a trademark violation or copyright infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert, knowingly provided or caused to be provided materially false contact information to a domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation or infringement.
(Sec. 204) Requires the maximum imprisonment otherwise provided for a felony offense to be doubled or increased by seven years, whichever is less, if the defendant knowingly falsely registers and uses a domain name in the course of the offense. Directs the U.S. Sentencing Commission to review and amend the sentencing guidelines with respect to a conviction for the false registration and use of a domain name during the course of a felony.
(Sec. 205) Provides that nothing in this title shall: (1) enlarge or diminish any rights of free speech or of the press for activities related to the registration or use of domain names; and (2) restrict a court's discretion in determining relief to be assessed against a person found liable for intellectual property right infringement, or in determining the appropriate term of imprisonment for an offense under applicable law.
Title III: Courts - (Sec. 301) Amends the Federal judicial code to provide for: (1) an additional place of holding court in the District of Colorado at Colorado Springs; and (2) a place of holding court in the Northern District of New York at Plattsburgh. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FINDINGS.
(a) The Congress makes the following findings:
(1) The free exchange of ideas and information through
modern, reliable telecommunications equipment fosters the
development of democratic institutions, the promotion of free
market economic reforms, and the facilitation of international
commerce.
(2) Exports of advanced telecommunications equipment and
technology contribute to the United States economic
competitiveness and high-skill, high-wage jobs in the United
States.
(3) Export restrictions on telecommunications equipment and
technology are outdated, controlling the export of equipment
and technology that is more than 10 years old and has over 15
times less capacity than similar equipment and technology in
use today in the United States.
(4) Foreign availability of telecommunications equipment
and technology exists both from countries that do not belong to
or cooperate with the Coordinating Committee for Multilateral
Export Controls, and from within countries to which exports of
such equipment and technology are controlled by agreement of
the Coordinating Committee.
SEC. 2. EXPORT CONTROLS ON TELECOMMUNICATIONS.
(a) In General.--Section 5(c) of the Export Administration Act of
1979 (50 U.S.C. App. 2404(c)) is amended by adding at the end the
following:
``(8)(A) The Secretary shall, not later than 30 days after
the date of the enactment of this paragraph, propose to COCOM
or to its successor export control regime, and to any other
export control regime which maintains controls on
telecommunications equipment and technology, that exports of
telecommunications equipment and telecommunications technology
for civil and uses shall not require a validated license or
reexport authorization for export or reexport to any of the
republics of the former Soviet Union, the People's Republic of
China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania,
Albania, Estonia, Lithuania, or Latvia.
``(B) For the purposes of this paragraph--
``(i) the term `telecommunications equipment'
includes--
``(I) telephone switching systems and
stored program controlled communications
switching systems, including related features
and components that provide services and
management of telecommunications networks;
``(II) telecommunications transmission
equipment;
``(III) microwave, light wave, and other
radio relay, transmitting, or test equipment,
and related components and accessories;
``(IV) telecommunications cables and
components, including optical fibers and
optical fiber cables;
``(V) equipment containing frequency
synthesizers when used in land-based mobile
communications systems;
``(VI) equipment described in any of
clauses (I) through (V), or any other
telecommunications equipment, that contains
lasers;
``(VII) computer hardware and application
specific software which are related to any of
the items described in clauses (I) through (V)
and are required for data communications;
``(VIII) all spare parts, components, and
measuring or test equipment related to any of
the items described in clauses (I) through
(VII); and
``(IX) any other equipment controlled by
Parts I or II of Category 5 of the Commerce
Control List as of July 1, 1993;
``(ii) the term `telecommunications technology'
means technology related to telecommunications
equipment, including technology for the production,
development, and use of telecommunications equipment;
``(iii) the term `telecommunications networks'
includes local area, intracity, intercity, and
international telecommunications networks; and
``(iv) the term `telecommunications' means voice,
video, and data communications over any public or
private network or broadcasting system, and services
related to such communications.
``(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the Speaker of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report certifying that the proposal
required by section 5(c)(8) of the Export Administration Act of 1979
(as added by subsection (a) of this section) has been made to the
members of the Coordinating Committee or to its successor export
control regime, and to any other export control regime which maintains
controls on telecommunications equipment and technology, and outlining
the plans to gain the concurrence of the other members of the Committee
or the appropriate regime in the proposal.''. | Directs the Secretary of Commerce to propose to the Coordinating Committee for Multilateral Export Controls (COCOM) (or to its successor export control regime), and to any other export control regime which maintains controls on telecommunications equipment and technology, that exports of telecommunications technology for civil end uses shall not require a validated license or reexport authorization for export or reexport to any of the republics of the former Soviet Union, China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia.
Requires the President to submit to specified congressional committees a report that certifies that such proposal was made and that outlines plans to gain the concurrence of other members of COCOM or the appropriate regime in the proposal. |
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 ``Neotropical Migratory Bird
Conservation Improvement Act of 2005''.
SEC. 2. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.
(a) Findings.--Section 2(1) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``, but
breed in Canada and the United States'' after ``the Caribbean''.
(b) Purposes.--Section 3(2) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6102(2)) is amended by inserting
``Canada,'' after ``United States,''.
(c) Definition of Caribbean.--Section 4 of the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6103) is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by striking paragraph (1) and inserting the following:
``(1) Caribbean.--The term `Caribbean' includes Puerto Rico
and the United States Virgin Islands.''; and
(3) by inserting after paragraph (2) the following:
``(3) Fund.--The term `Fund' means the Neotropical
Migratory Bird Conservation Fund established by section
9(a).''.
(d) Project Proposals.--Section 5(c)(2) of the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6104(c)(2)) is amended by
inserting ``Canada,'' after ``United States,''.
(e) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6104(e)) is amended--
(1) in paragraph (1), by striking ``25 percent'' and
inserting ``50 percent''; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Form of payment.--
``(i) Projects in the united states and
canada.--The non-Federal share required to be
paid for a project carried out in the United
States or Canada shall be paid in cash.
``(ii) Projects in latin america and the
caribbean.--The non-Federal share required to
be paid for a project carried out in Latin
America or the Caribbean may be paid in cash or
in kind.''.
(f) Report.--Section 8 of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6107) is amended--
(1) by striking ``October 1, 2002,'' and inserting ``2
years after the date of enactment of the Neotropical Migratory
Bird Conservation Improvement Act of 2005,'';
(2) by striking ``this Act, including recommendations'' and
inserting ``this Act that includes--
``(1) recommendations'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(2) a description of the activities of the advisory group
convened under section 7(b).''.
(g) Neotropical Migratory Bird Conservation Fund.--
(1) In general.--Section 9 of the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6108) is amended--
(A) by striking the section heading and all that
follows through subsection (b) and inserting the
following:
``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury a
separate account to be known as the `Neotropical Migratory Bird
Conservation Fund', which shall consist of amounts deposited in the
Fund by the Secretary of the Treasury under subsection (b).
``(b) Deposits in the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
``(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
``(2) other amounts appropriated to the Fund.''; and
(B) in subsections (c) and (d), by striking
``Account'' each place it appears and inserting
``Fund''.
(2) Administrative expenses.--Section 9(c)(2) of the
Neotropical Migratory Bird Conservation Act (16 U.S.C.
6108(c)(2)) is amended by striking ``$80,000'' and inserting
``$150,000''.
(3) Transfer.--The Secretary of the Treasury shall transfer
to the Neotropical Migratory Bird Conservation Fund amounts
that were in the Neotropical Migratory Bird Conservation
Account immediately before the date of enactment of this Act.
(h) Authorization of Appropriations.--Section 10 of the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as
follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Fund to carry out this Act--
``(1) $5,000,000 for each of fiscal years 2006 and 2007;
``(2) $8,000,000 for fiscal year 2008; and
``(3) $10,000,000 for each of fiscal years 2009 and 2010.
``(b) Availability.--Amounts made available under this section
shall remain available until expended.
``(c) Allocation.--Of amounts made available under this section for
a fiscal year, not less than 75 percent shall be expended for projects
carried out outside the United States.''. | Neotropical Migratory Bird Conservation Improvement Act of 2005 - Amends the Neotropical Migratory Bird Conservation Act to apply to migratory bird species from Canada.
Increases (from 25 to 50 percent) the federal share of costs for funded projects. Prescribes forms of payment for projects undertaken in the United States and Canada and for projects undertaken in Latin America and the Caribbean.
Revises the reporting requirements under this Act to require the Secretary of the Interior to: (1) report to Congress not later than two years after the enactment of this Act; and (2) include a description of the activities of the advisory group convened by the Secretary.
Replaces provisions establishing the Neotropical Migratory Bird Conservation Account within the Multinational Species Conservation Fund with provisions establishing the Neotropical Migratory Bird Conservation Fund and directs the Secretary of the Treasury to transfer Account amounts to such Fund. Authorizes appropriations to the Fund through FY2010. Requires not less than 75 percent of such appropriations to be used for projects outside the United States.
Increases the amount of funds that the Secretary may expend to administer the 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 ``On the Job Training Act''.
SEC. 2. REMOVAL OF BARRIERS TO PROMOTE REEMPLOYMENT THROUGH
DEMONSTRATION PROJECTS.
(a) Modification of Numerical Limitation.--Subsection (a) of
section 305 of the Social Security Act (42 U.S.C. 505) is amended by
inserting ``per year'' after ``10 States''.
(b) Clarification of Application Requirements.--Subsection (b) of
such section 305 is amended--
(1) by inserting ``or his or her designee'' after ``The
Governor of any State''; and
(2) by striking paragraph (2) and inserting the following:
``(2) for any waiver requested under subsection (c), a
statement describing--
``(A) the specific provision or provisions of law
for which such waiver is requested; and
``(B) the specific aspects of the project to which
such waiver would apply and the reasons why it is
needed;''.
(c) Extension of Eligible Time Period.--Subsection (d) of such
section 305 is amended--
(1) in paragraph (1), by striking ``may'' and all that
follows through the semicolon and inserting ``must be commenced
not later than December 31, 2017; and'';
(2) in paragraph (2)--
(A) by striking ``may not be approved'' and
inserting ``may not be conducted''; and
(B) by striking ``; and'' and inserting a period;
and
(3) by striking paragraph (3).
(d) Clarification of Demonstration Activities.--Subsection (e) of
such section 305 is amended--
(1) in paragraph (1), by striking ``for employer-provided
training, such as'' and inserting ``to employers or claimants
for employer-provided training or''; and
(2) in paragraph (2), by striking ``, not to exceed the
weekly benefit amount for each such individual, to pay part of
the cost of wages that exceed the unemployed individual's prior
benefit level'' and inserting ``that include disbursements
promoting retention''.
(e) Selection of Qualifying Applications on a First-Come, First-
Served Basis and Review of Cost Neutrality.--Subsection (f) of such
section 305 is amended to read as follows:
``(f) The Secretary of Labor shall, in the case of any State for
which an application is submitted under subsection (b)--
``(1) approve completed applications in the order of
receipt;
``(2) before approving an application, determine whether
the assurances that the demonstration project would not result
in any increased costs to the State's account in the
Unemployment Trust Fund required under subsection (b)(4) are
credible and disapprove any application that includes
assurances that are determined to not be credible;
``(3) notify the State as to whether such application has
been approved or denied within 30 days after receipt of a
complete application; and
``(4) provide public notice of the decision within 10 days
after providing notification to the State in accordance with
paragraph (3).
Public notice under paragraph (3) may be provided through the Internet
or other appropriate means. Any application under this section that has
not been denied within the 30-day period described in paragraph (3)
shall be deemed approved, and public notice of any approval under this
sentence shall be provided within 10 days thereafter.''.
(f) Termination of Demonstration Projects.--Subsection (g) of such
section 305 is amended to read as follows:
``(g) The Secretary of Labor may terminate a demonstration project
under this section if the Secretary--
``(1) determines that the State has violated the
substantive terms or conditions of the project;
``(2) notifies the State in writing with sufficient detail
describing the violation; and
``(3) determines that the State has not taken action to
correct the violation within 90 days after the notification.''.
(g) Funding for Administrative Costs.--Such section 305 is amended
by adding at the end the following new subsection:
``(i) In addition to the amounts described in subsection (h),
during the period of fiscal years 2015 through 2020 there is authorized
to be appropriated $6,000,000 to the Secretary of Labor for purposes of
making payments to States that have entered into agreements with the
Secretary to conduct demonstration projects under this section. A
payment to a State under this subsection--
``(1) shall be used by the State to administer a
demonstration project approved under this section;
``(2) shall remain available until expended; and
``(3) shall not exceed $200,000 for any fiscal year.''.
(h) Effective Date; Transition Rule.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) Transition rule.--
(A) In general.--Nothing in this Act shall be
considered to terminate or otherwise affect any
demonstration project approved under section 305 of the
Social Security Act before the date of the enactment of
this Act.
(B) Original conditions continue to apply.--A
demonstration project described in subparagraph (A)
shall be conducted in the same manner as if subsections
(a) through (f) had not been enacted.
SEC. 3. EVALUATION OF DEMONSTRATION PROJECTS.
(a) In General.--Section 305 of the Social Security Act (42 U.S.C.
505) is amended by adding at the end the following:
``(i) The Secretary of Labor shall conduct an impact evaluation of
each demonstration project conducted under this section, using existing
data sources to the extent possible and methodology appropriate to
determine the effects of the demonstration project, including on
individual skill levels, earnings, and employment retention.''.
(b) Cooperation by State.--Section 305(b) of the Social Security
Act (42 U.S.C. 505(b)) (as amended by section 2(b) of this Act) is
further amended by striking paragraphs (5) and (6) and inserting the
following:
``(5) a description of the manner in which the State will
determine the extent to which the goals and outcomes described
in paragraph (3) were achieved;
``(6) assurances that the State will cooperate, in a timely
manner, with the Secretary of Labor with respect to the impact
evaluation conducted under subsection (i); and''.
(c) Reporting.--Not later than 90 days after the end of fiscal year
2014 and each fiscal year thereafter, until the completion of the last
evaluation under section 305(i) of the Social Security Act, the
Secretary shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate, a report
that includes a description of--
(1) the status of each demonstration project being carried
out under this section;
(2) the results of the evaluation completed during the
previous fiscal year; and
(3) the Secretary's plan for--
(A) disseminating the findings of the report to
appropriate State agencies; and
(B) incorporating the components of successful
demonstration projects that reduced benefit duration
and increased employment into Federal unemployment law.
(d) Public Dissemination.--In addition to the reporting
requirements under subparagraph (c), evaluation results shall be shared
broadly to inform policymakers, service providers, other partners, and
the public in order to promote wide use of successful strategies,
including by posting evaluation results on the Internet website of the
Department of Labor. | On the Job Training Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act, with respect to grants to states by the Secretary of Labor for reemployment demonstration projects, to allow grants to up to 10 states per year instead of a maximum of 10 states altogether. Allows a designee of a state governor, instead of only the governor, to apply for such a grant. Requires any project to be commenced by December 31, 2017. Allows direct disbursements under a project to employers who hire individuals receiving unemployment compensation to include disbursements promoting retention. Requires the Secretary of Labor to: (1) approve completed grant applications in the order of receipt; (2) determine, before approving an application, whether its assurances are credible that the project would not result in increased costs to the state's account in the Unemployment Trust Fund; and (3) disapprove any application making assurances determined not credible. Revises requirements for termination of a project to require the Secretary to: (1) notify a state in writing with sufficient detail describing any violation of the substantive terms or conditions of a project justifying its termination, and (2) determine that the state has not taken action to correct the violation within 90 days after notification. Authorizes appropriations for FY2015-FY2020 for additional payments to states for the administrative costs of demonstration projects. Directs the Secretary to evaluate the impact of each demonstration project, using existing data sources and methodology appropriate to determine project effects, including the effect on individual skill levels, earnings, and employment retention. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. GRID-ENABLED WATER HEATERS.
Part B of title III of the Energy Policy and Conservation Act (42
U.S.C. 6291 et seq.) is amended--
(1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the
end the following:
``(6) Additional standards for grid-enabled water
heaters.--
``(A) Definitions.--In this paragraph:
``(i) Activation lock.--The term
`activation lock' means a control mechanism
(either a physical device directly on the water
heater or a control system integrated into the
water heater) that is locked by default and
contains a physical, software, or digital
communication that must be activated with an
activation key to enable the product to operate
at its designed specifications and capabilities
and without which activation the product will
provide not greater than 50 percent of the
rated first hour delivery of hot water
certified by the manufacturer.
``(ii) Grid-enabled water heater.--The term
`grid-enabled water heater' means an electric
resistance water heater that--
``(I) has a rated storage tank
volume of more than 75 gallons;
``(II) is manufactured on or after
April 16, 2015;
``(III) has--
``(aa) an energy factor of
not less than 1.061 minus the
product obtained by
multiplying--
``(AA) the rated
storage volume of the
tank, expressed in
gallons; and
``(BB) 0.00168; or
``(bb) an equivalent
alternative standard prescribed
by the Secretary and developed
pursuant to paragraph (5)(E);
``(IV) is equipped by the
manufacturer with an activation lock;
and
``(V) bears a permanent label
applied by the manufacturer that--
``(aa) is made of material
not adversely affected by
water;
``(bb) is attached by means
of non-water-soluble adhesive;
and
``(cc) advises purchasers
and end-users of the intended
and appropriate use of the
product with the following
notice printed in 16.5 point
Arial Narrow Bold font:
```IMPORTANT INFORMATION: This water heater is intended only for use as
part of an electric thermal storage or demand response program. It will
not provide adequate hot water unless enrolled in such a program and
activated by your utility company or another program operator. Confirm
the availability of a program in your local area before purchasing or
installing this product.'.
``(B) Requirement.--The manufacturer or private
labeler shall provide the activation key for a grid-
enabled water heater only to a utility or other company
that operates an electric thermal storage or demand
response program that uses such a grid-enabled water
heater.
``(C) Reports.--
``(i) Manufacturers.--The Secretary shall
require each manufacturer of grid-enabled water
heaters to report to the Secretary annually the
quantity of grid-enabled water heaters that the
manufacturer ships each year.
``(ii) Operators.--The Secretary shall
require utilities and other demand response and
thermal storage program operators to report
annually the quantity of grid-enabled water
heaters activated for their programs using
forms of the Energy Information Agency or using
such other mechanism that the Secretary
determines appropriate after an opportunity for
notice and comment.
``(iii) Confidentiality requirements.--The
Secretary shall treat shipment data reported by
manufacturers as confidential business
information.
``(D) Publication of information.--
``(i) In general.--In 2017 and 2019, the
Secretary shall publish an analysis of the data
collected under subparagraph (C) to assess the
extent to which shipped products are put into
use in demand response and thermal storage
programs.
``(ii) Prevention of product diversion.--If
the Secretary determines that sales of grid-
enabled water heaters exceed by 15 percent or
greater the quantity of such products activated
for use in demand response and thermal storage
programs annually, the Secretary shall, after
opportunity for notice and comment, establish
procedures to prevent product diversion for
non-program purposes.
``(E) Compliance.--
``(i) In general.--Subparagraphs (A)
through (D) shall remain in effect until the
Secretary determines under this section that--
``(I) grid-enabled water heaters do
not require a separate efficiency
requirement; or
``(II) sales of grid-enabled water
heaters exceed by 15 percent or greater
the quantity of such products activated
for use in demand response and thermal
storage programs annually and
procedures to prevent product diversion
for non-program purposes would not be
adequate to prevent such product
diversion.
``(ii) Effective date.--If the Secretary
exercises the authority described in clause (i)
or amends the efficiency requirement for grid-
enabled water heaters, that action will take
effect on the date described in subsection
(m)(4)(A)(ii).
``(iii) Consideration.--In carrying out
this section with respect to electric water
heaters, the Secretary shall consider the
impact on thermal storage and demand response
programs, including any impact on energy
savings, electric bills, peak load reduction,
electric reliability, integration of renewable
resources, and the environment.
``(iv) Requirements.--In carrying out this
paragraph, the Secretary shall require that
grid-enabled water heaters be equipped with
communication capability to enable the grid-
enabled water heaters to participate in
ancillary services programs if the Secretary
determines that the technology is available,
practical, and cost-effective.''; and
(2) in section 332(a) (42 U.S.C. 6302(a))--
(A) in paragraph (5), by striking ``or'' at the
end;
(B) in the first paragraph (6), by striking the
period at the end and inserting a semicolon;
(C) by redesignating the second paragraph (6) as
paragraph (7);
(D) in subparagraph (B) of paragraph (7) (as so
redesignated), by striking the period at the end and
inserting ``; or''; and
(E) by adding at the end the following:
``(8) for any person to--
``(A) activate an activation lock for a grid-
enabled water heater with knowledge that such water
heater is not used as part of an electric thermal
storage or demand response program;
``(B) distribute an activation key for a grid-
enabled water heater with knowledge that such
activation key will be used to activate a grid-enabled
water heater that is not used as part of an electric
thermal storage or demand response program;
``(C) otherwise enable a grid-enabled water heater
to operate at its designed specification and
capabilities with knowledge that such water heater is
not used as part of an electric thermal storage or
demand response program; or
``(D) knowingly remove or render illegible the
label of a grid-enabled water heater described in
section 325(e)(6)(A)(ii)(V).'';
(3) in section 333(a) (42 U.S.C. 6303(a))--
(A) in the second sentence, by striking ``section
332(a)(5)'' and inserting ``paragraph (5), (6), (7), or
(8) of section 332(a)''; and
(B) in the fourth sentence, by striking ``paragraph
(1), (2), or (5) of section 332(a)'' and inserting
``paragraph (1), (2), (5), (6), (7), or (8) of section
332(a)''; and
(4) in section 334 (42 U.S.C. 6304)--
(A) in the second sentence, by striking ``section
332(a)(5)'' and inserting ``paragraph (5), (6), (7), or
(8) of section 332(a)''; and
(B) in the third sentence, by striking ``section
332(a)(6)'' and inserting ``section 332(a)(7)''. | Amends the Energy Policy and Conservation Act (EPCA) to provide additional energy conservation standards applicable to grid-enabled water heaters for use as part of an electric thermal storage or demand response program (a program that enables customers to reduce or shift their power use during peak demand periods). Requires annual reports from: (1) manufacturers of such water heaters regarding the quantity of the products shipped each year, and (2) utilities and other demand response and thermal storage program operators regarding the quantity of products activated for their programs. Requires the Secretary of Energy to publish analyses of data collected from such reports and to establish procedures to prevent product diversion if sales of the products exceed by at least 15% the quantity activated for use in the demand response and thermal storage programs annually. Maintains the standards and publication procedures established by this Act until the Secretary determines that: (1) such water heaters do not require a separate efficiency requirement, or (2) procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion. Requires the Secretary to consider the impact of EPCA electric water heater standards on thermal storage and demand response programs, including on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. Directs the Secretary to require the water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the technology is available, practical, and cost-effective. Makes it unlawful for any person to: activate an activation lock for a grid-enabled water heater with knowledge that it is not used as part of such program, distribute an activation key for such a water heater with knowledge that it will be used to activate a heater that is not used as part of the program, enable such water heater to operate at its designed specification and capabilities with knowledge that it is not used as part of the program, or knowingly remove or render illegible the label of a such water heater. |
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 ``Investing in America's Small
Manufacturers Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2015, manufacturers contributed over
$2,000,000,000,000 to the United States economy and accounted
for over 12 percent of United States gross domestic product.
(2) Manufacturing is one of the most important sectors of
the United States economy with respect to employment. In 2013,
the manufacturing sector supported over 17,000,000 indirect
jobs in the United States, in addition to the 12,000,000
individuals who were directly employed in manufacturing.
Combined, these indirect and direct manufacturing jobs
represented more than 20 percent of United States employment in
2013--more than any other sector.
(3) While the United States has added over 14,000,000 non-
farm jobs since 2010, manufacturing job growth has lagged and
added only approximately 900,000 jobs. Post-recession job
recovery averages since the 1940s indicate that another
1,200,000 manufacturing jobs should have been created during
this period.
(4) Small manufacturers are the backbone of the United
States manufacturing industry, accounting for nearly half of
all manufacturing jobs in the United States. Ensuring that
small manufacturers have adequate access to capital is critical
to creating manufacturing jobs and the growth of the United
States economy.
(5) The 2015 Federal Reserve Small Business Credit Survey
indicates that of the 52 percent of manufacturers that applied
for financing during the survey period, 65 percent did so to
expand their business or to pursue a new business opportunity.
The survey also indicates that 42 percent of manufacturers
received less financing than they requested, the primary result
of which was delayed expansion of their business.
(6) The loan guarantee programs of the Small Business
Administration under section 7(a) of the Small Business Act (15
U.S.C. 636(a)) and title V of the Small Business Investment Act
of 1958 (15 U.S.C. 695 et seq.) encourage lenders to provide
loans to creditworthy small businesses that would not otherwise
obtain financing on reasonable terms and conditions and can
serve as an excellent mechanism by which to increase the
availability of affordable credit to small manufacturers in the
United States.
SEC. 3. SMALL MANUFACTURERS.
(a) Loan Guarantee Percentage.--Section 7(a)(2) of the Small
Business Act (15 U.S.C. 636(a)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``and (E)'' and inserting ``(E), and (F)'';
and
(2) by adding at the end the following:
``(F) Participation for manufacturers.--
``(i) In general.--In an agreement to
participate in a loan on a deferred basis under
this subsection for a small business concern
assigned to a North American Industry
Classification System code for manufacturing or
that is designated by the Administrator under
clause (ii), the participation by the
Administration shall be 90 percent.
``(ii) Addition of advanced manufacturing
sectors.--After submitting notice to the
Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives, the Administrator may
designate a North American Industry
Classification System code for purposes of
clause (i) if the Administrator determines the
code--
``(I) is not a manufacturing code
under the North American Industry
Classification System; and
``(II) corresponds to a sector in
which manufacturing is a considerable
component of the operations of a small
business concern, as determined by the
Administrator, including advanced
manufacturing.''.
(b) Guarantee Fee Reduction.--Section 7(a)(18) of the Small
Business Act (15 U.S.C. 636(a)(18)) is amended--
(1) in subparagraph (A), by striking ``With respect'' and
inserting ``Except as provided in subparagraph (C), with
respect''; and
(2) by adding at the end the following:
``(C) Manufacturers.--
``(i) In general.--Subject to clause (ii),
with respect to a loan guaranteed under this
subsection for a small business concern
described in paragraph (2)(F)(i)--
``(I) the Administration may not
collect a guarantee fee under this
paragraph for a loan of not more than
$350,000; and
``(II) for a loan of more than
$350,000, the Administration shall
collect a guarantee fee under this
paragraph equal to 50 percent of the
guarantee fee that the Administration
would otherwise collect for the loan.
``(ii) Exception.--The requirements of
clause (i) shall not apply to loans made during
a fiscal year if--
``(I) the budget of the President
for that fiscal year, submitted to
Congress under section 1105(a) of title
31, United States Code, includes a cost
for the program established under this
subsection that is above zero; and
``(II) the Administrator submits to
Congress--
``(aa) notice regarding the
determination of cost described
in subclause (I); and
``(bb) a detailed
discussion indicating why not
implementing clause (i) will
cause the cost of the program
established under this
subsection to be not more than
zero.''.
(c) Assistance Through SBA Programs.--The Small Business Act (15
U.S.C. 631 et seq.) is amended--
(1) in section 7(a) (15 U.S.C. 636(a)), by adding at the
end the following:
``(35) Assistance for small manufacturers.--The
Administrator shall ensure that each district office of the
Administration provides training to small business concerns
described in paragraph (2)(F)(i) in obtaining assistance under
this subsection, including with respect to the application
process and partnering with participating lenders under this
subsection.'';
(2) in section 8 (15 U.S.C. 637), by striking subsection
(c) and inserting the following:
``(c) Assistance for Small Manufacturers in SCORE Program.--
``(1) Definition.--In this subsection, the term `SCORE
program' means the Service Corps of Retired Executives
authorized under subsection (b)(1)(B).
``(2) Volunteers.--Under the SCORE program, the
Administrator shall recruit volunteers to assist small business
concerns described in section 7(a)(2)(F)(i) in obtaining
assistance under section 7(a) and title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.), including with
respect to the application process and partnering with
participating lenders under that section.'';
(3) in section 21(c)(3) (15 U.S.C. 648(c)(3))--
(A) in subparagraph (S), by striking ``and'' at the
end;
(B) in subparagraph (T), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(U) providing training to small business concerns
described in section 7(a)(2)(F)(i) in obtaining
assistance under section 7(a) and title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et
seq.), including with respect to the application
process and partnering with participating lenders under
that section.'';
(4) in section 29(b) (15 U.S.C. 656(b))--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) training to small business concerns owned and
controlled by women that are small business concerns described
in section 7(a)(2)(F)(i) in obtaining assistance under section
7(a) and title V of the Small Business Investment Act of 1958
(15 U.S.C. 695 et seq.), including with respect to the
application process and partnering with participating lenders
under that section.''; and
(5) in section 32 (15 U.S.C. 657b), by adding at the end
the following:
``(g) Assistance for Small Manufacturers.--The Associate
Administrator shall ensure that Veterans Business Outreach Centers
assist small business concerns described in section 7(a)(2)(F)(i) in
obtaining assistance under section 7(a) and title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.), including with
respect to the application process and partnering with participating
lenders under that section.''.
(d) Partnering With NIST.--The Small Business Administration and
its resource partners may establish partnerships with the Hollings
Manufacturing Extension Partnership Program of the National Institute
of Standards and Technology and its affiliated centers to facilitate
outreach to small manufacturers in providing training and guidance with
respect to the application process for loans guaranteed by the
Administration.
SEC. 4. DEVELOPMENT COMPANY DEBENTURES.
(a) Amount of Guaranteed Debenture.--Section 503(a) of the Small
Business Investment Act of 1958 (15 U.S.C. 697(a)) is amended by adding
at the end the following:
``(5)(A) Any debenture issued by a State or local development
company to a small manufacturer (as defined in section 501(e)(6)) with
respect to which a guarantee is made under this subsection shall be in
an amount equal to not more than 50 percent of the cost of the project
with respect to which such debenture is issued.
``(B) Subparagraph (A) shall not apply to debentures issued during
a fiscal year if--
``(i) the cost to the Federal Government of making
guarantees under this section is above zero; and
``(ii) the Administrator submits to Congress--
``(I) notice regarding the determination of cost
described in clause (i); and
``(II) a detailed discussion indicating why not
implementing subparagraph (A) will cause the cost to
the Federal Government of making guarantees under this
section to be not more than zero.''.
(b) Startup Small Manufacturers.--Section 502(3)(C)(i) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(3)(C)(i)) is amended by
inserting ``is not a small manufacturer (as defined in section
501(e)(6)) and'' after ``small business concern''.
SEC. 5. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN
MANUFACTURING.
(a) Transfer of Existing Program.--The Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended--
(1) by striking section 26 (15 U.S.C. 3721); and
(2) by redesignating sections 27 and 28 (15 U.S.C. 3722 and
3723) as sections 26 and 27, respectively.
(b) Authority of SBA.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Small Business Administration;
(B) the term ``business loan programs of the
Administration'' means the programs under section 7(a)
of the Small Business Act (15 U.S.C. 636(a)) and title
V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.); and
(C) the term ``small manufacturer'' means a
business concern described in section 7(a)(2)(F)(i) of
the Small Business Act, as amended by this Act.
(2) Authorization.--To the extent the Administrator
determines that the assistance available to small manufacturers
under section 26 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3721), as in effect on the day before
the date of enactment of this Act, is not available under the
business loan programs of the Administration, the Administrator
shall ensure that the business loan programs of the
Administration provide adequate support for innovative
technologies in manufacturing.
(3) Reporting.--The Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report regarding any determination or
activity of the Administrator under paragraph (2).
(c) Savings Clause.--Any loan guarantee issued under section 26 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3721), as in effect on the day before the date of enactment of this
Act, shall remain in full force and effect under the terms, and for the
duration, of the loan guarantee agreement. | Investing in America's Small Manufacturers Act This bill amends the Small Business Act to authorize the Small Business Administration (SBA) to guarantee 90% of a loan to a small business manufacturing concern. The SBA may not collect a guarantee fee on these loans of more than $350,000. For loans exceeding this amount, the fee shall be 50% of the guarantee fee that the SBA would otherwise collect for the loan. The SBA must provide training to small manufacturers in obtaining SBA assistance, including on the application process and partnering with participating lenders. This bill authorizes the SBA and its partners to establish partnerships to facilitate outreach to small manufacturers with respect to the application process for SBA loan guarantees. A state or local development company's debenture issued to a small manufacturer for an SBA loan guarantee may not exceed 50% of the project's cost, subject to certain exceptions. |
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 ``College Affordability for Working
Students Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Approximately 2,660,000 students attend institutions on
a less than half-time basis.
(2) The average age of college students has risen and
enrollment among older students is rising faster than among
those in their late teens.
(3) Less than half-time enrollment allows students to
balance the demands of school, work, and family.
(4) Only approximately 30 percent of American workers today
have a college degree, but more Americans are recognizing how
important it is to earn a degree or acquire new skills.
(5) Job security and success in a global economy requires
training and education beyond high school.
(6) Students who attend school less than half-time are not
eligible for Federal subsidized student loans, the largest
source of Federal student financial aid.
(7) A range of financial options exist for less than half-
time students, yet these options are limited and poorly
utilized.
SEC. 3. DEMONSTRATION LOAN PROGRAM AUTHORIZED.
Part G of title IV of the Higher Education Act of 1965 is amended
by inserting after section 486 (20 U.S.C. 1093) the following new
section:
``SEC. 496A. DEMONSTRATION LOAN PROGRAM AUTHORIZED.
``(a) Program Authority.--From the amounts made available by
subsection (g), the Secretary is authorized to carry out a program of
providing guaranteed and direct loans to less-than-half-time students
for not more than 6 terms, semesters, or substantially equivalent
periods of enrollment over the duration of the students' course of
study in accordance with the requirements of this section. Except as
otherwise provided in this section--
``(1) all terms and conditions for Federal Stafford loans
established under section 428 shall apply to guaranteed loans
made pursuant to this section; and
``(2) all terms and conditions for Federal Direct Stafford
loans established under part D shall apply to direct loans made
pursuant to this section.
``(b) Participation Agreements.--
``(1) Agreements.--The Secretary shall enter into
participation agreements under this section with any eligible
institution or eligible lender (as such terms are defined in
section 435) that submits to the Secretary a request for
participation and that the Secretary selects for participation
in the guaranteed loan or direct loan program (or both) under
this section. The Secretary may enter into such agreements with
consortia of such institutions or lenders, or consortia of both
institutions and lenders.
``(2) Selection for participation.--The Secretary is
authorized to select for participation in the program not more
than an aggregate of 100 institutions of higher education or
consortia of institutions of higher education.
``(3) Terms and conditions of agreements.--Such agreements
shall contain such terms and conditions as the Secretary shall
require and shall--
``(A) in the case of agreements with eligible
institutions, provide that the institution will--
``(i) identify eligible part-time students
who seek student financial assistance at such
institution; and
``(ii) determine the amount of eligible
education expenses of such students; and
``(B) in the case of agreements with both eligible
institutions and eligible lenders--
``(i) provide assurances that the lender or
the institution (as applicable) will comply
with requirements established by the Secretary
relating to student loan information with
respect to loans made under this section;
``(ii) provide that the lender or the
institution (as applicable) accepts
responsibility and financial liability stemming
from its failure to perform its functions
pursuant to the agreement; and
``(iii) include such other provisions as
the Secretary determines are necessary to
protect the interests of the United States and
to promote the purposes of this section.
``(4) Withdrawal and termination procedures.--The Secretary
shall establish procedures by which institutions or lenders may
withdraw or be terminated from the program under this section.
``(c) Special Loan Terms and Conditions.--A loan under this
section--
``(1) shall be repaid in accordance with a repayment plan
selected by the borrower commencing 6 months after the date the
borrower ceases to be enrolled;
``(2) be subject to deferral of repayment during any period
of enrollment in which the borrower is enrolled as student,
even if less-than-half-time; and
``(3) during any such deferment--
``(A) shall not be subject to periodic installments
of principal; and
``(B) interest--
``(i) in the case of a loan made by an
eligible lender, shall be paid by the
Secretary; and
``(ii) in the case of a loan made by the
Secretary, shall not accrue.
``(d) Waivers.--The Secretary is authorized to waive, for any
institution of higher education participating in the program under this
section, the requirements of section 472 that relate to limiting the
definition of the cost of attendance for less-than-half-time students,
especially paragraphs (2) and (4) of such section, with the goal of
allowing the institution to use the same definition of the cost of
attendance for less than half-time students as is used for students
attending at least half-time.
``(e) Evaluations and Reports.--
``(1) Evaluations.--The Secretary shall evaluate the
demonstration program authorized under this section on an
annual basis. Such evaluations shall review--
``(A) the extent to which each institution and
lender participating in the demonstration program has
met the requirements of the participation agreement,
including program quality assurance;
``(B) the number of students participating in the
demonstration program, including the progress of
participating students towards recognized certificates
or degrees and the extent to which persistence or
completion increased or decreased for students in the
demonstration program;
``(C) the extent to which persistence or completion
increased or decreased for students in the
demonstration program as compared to a comparable group
of students;
``(D) the willingness of lenders to participate and
obstacles that discourage participation by lenders; and
``(E) the effect that limitations on the number of
terms that a less-than-half-time student may receive
these loans has on their course of study.
``(2) Reports.--Not later than 42 months after the
initiation of the program authorized under this section, the
Secretary shall report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives with
respect to--
``(A) the evaluations of the demonstration program
authorized under this section; and
``(B) any proposed statutory changes designed to
enhance persistence and completion for students.
``(f) Oversight.--In conducting the demonstration program
authorized under this section, the Secretary shall, on a continuing
basis--
``(1) ensure the compliance of institutions and lenders
participating in the demonstration program with the
requirements of this title (other than the sections and
regulations that are waived under this section); and
``(2) provide technical assistance.
``(g) Appropriation.--There shall be available to the Secretary to
carry out this section, from funds not otherwise appropriated, such
sums as may be necessary for fiscal year 2008 and each of the 4
succeeding fiscal years.''. | College Affordability for Working Students Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out a Demonstration Loan program providing guaranteed and direct loans to less than half-time students for not more than six terms, semesters, or substantially equivalent periods of enrollment over the duration of the students' studies.
Limits program participation to up to 100 institutions of higher education or consortia of IHEs.
Requires program loans to be: (1) subject to deferral of repayment while the borrower is enrolled as a student, even if less than half-time; and (2) repaid pursuant to a repayment plan selected by the borrower that commences six months after the borrower's enrollment ends.
Authorizes the Secretary to waive, for IHE participants, certain requirements limiting what may be included in the cost of attendance for less than half-time students. |