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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 ``Small Business Incentive Act of
1993''.
SEC. 2. EXEMPTED SECURITIES.
Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is
amended by striking ``$5,000,000'' and inserting ``$10,000,000''.
SEC. 3. EXCLUSIONS FROM THE DEFINITION OF INVESTMENT COMPANY.
Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(c)) is amended--
(1) in paragraph (1), by inserting after the first sentence
the following new sentence: ``Such issuer shall be deemed to be
an investment company for purposes of the limitations set forth
in subparagraphs (A)(i) and (B)(i) of section 12(d)(1)
governing the purchase or other acquisition by such issuer of
any security issued by a registered investment company and the
sale of any security issued by a registered open-end investment
company to any such issuer.'';
(2) in paragraph (1)(A)--
(A) by inserting after ``issuer'' the first place
it appears ``and the company is or (but for the
exceptions set forth in this paragraph and paragraph
(7)) would be an investment company''; and
(B) by striking ``unless as of the date'' and all
that follows through the end of subparagraph (A) and
inserting a period; and
(3) by amending paragraph (7) to read as follows:
``(7) Any issuer whose outstanding securities are owned
exclusively by persons who, at the time of acquisition of such
securities, are qualified purchasers, except that such issuer
shall be deemed to be an investment company for purposes of the
limitations set forth in subparagraphs (A)(i) and (B)(i) of
section 12(d)(1) governing the purchase or other acquisition by
such issuer of any security issued by a registered investment
company and the sale of any security issued by a registered
open-end investment company to any such issuer.''.
SEC. 4. DEFINITION OF QUALIFIED PURCHASER.
Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
2(a)) is amended by adding at the end the following new paragraph:
``(51) `Qualified purchaser' means--
``(A) any natural person who owns at least
$10,000,000 in securities of issuers, each of which is
not an affiliated person, as defined in section
2(a)(3)(C), of such person;
``(B) any person, acting for its own account or the
accounts of other qualified purchasers, who in the
aggregate owns and invests on a discretionary basis,
not less than $100,000,000 in securities of issuers,
each of which is not an affiliated person, as defined
in section 2(a)(3)(C), of such person; or
``(C) any person, who may own or invest a lesser
amount in securities than specified in subparagraphs
(A) and (B), that the Commission, by rule or
regulation, has determined does not need the
protections of this title, after consideration of
factors such as--
``(i) a high degree of financial
sophistication, including extensive knowledge
of and experience in financial matters;
``(ii) sizable net worth;
``(iii) a substantial amount of assets
owned or under management;
``(iv) relationship with an issuer; or
``(v) such other factors as the Commission
may determine to be consistent with the purpose
of this paragraph.
The Commission also may adopt such rules and regulations
governing the persons specified in subparagraphs (A) and (B) as
it determines are necessary or appropriate in the public
interest and for the protection of investors.''.
SEC. 5. DEFINITION OF INVESTMENT SECURITIES.
Section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(a)) is amended in the last sentence by striking subparagraph (C) and
inserting the following: ``(C) securities issued by any majority-owned
subsidiary of the owner, unless such subsidiary is an investment
company or is excluded from the definition of an investment company
solely by virtue of paragraph (1) or (7) of subsection (c).''.
SEC. 6. EXEMPTION FOR ECONOMIC, BUSINESS, AND INDUSTRIAL DEVELOPMENT
COMPANIES.
Section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
6(a)) is amended by adding at the end the following new paragraph:
``(5)(A) Any company that is not engaged in the business of
issuing redeemable securities, the operations of which are
subject to regulation by the State in which the company is
organized under a statute governing entities that provide
financial or managerial assistance to enterprises doing
business, or proposing to do business, in that State if--
``(i) the organizational documents of the company
state that the activities of the company are limited to
the promotion of economic, business, or industrial
development in the State through the provision of
financial or managerial assistance to enterprises doing
business, or proposing to do business, in that State,
and such other activities that are incidental or
necessary to carry out that purpose;
``(ii) immediately following each sale of the
securities of the company by the company or any
underwriter for the company, not less than 80 percent
of the securities of the company being offered in such
sale, on a class-by-class basis, are held by persons
who reside or have a substantial business presence in
that State;
``(iii) the securities of the company are sold, or
proposed to be sold, by the company or any underwriter
for the company, solely to accredited investors, as
defined in section 2(15) of the Securities Act of 1933,
or to such other persons that the Commission, as
necessary or appropriate in the public interest and
consistent with the protection of investors, may permit
by rule, regulation, or order; and
``(iv) the company does not purchase any security
issued by an investment company, as defined in section
3, or by any company that would be an investment
company except for the exclusions from the definition
of investment company in section 3(c), other than--
``(I) any security that is rated investment
grade by at least 1 nationally recognized
statistical rating organization; or
``(II) any security issued by a registered
open-end investment company that is required by
its investment policies to invest not less than
65 percent of its total assets in securities
described in subclause (I) or securities that
are determined by such registered open-end
investment company to be comparable in quality
to securities described in subclause (I).
``(B) Notwithstanding the exemption provided by this
paragraph, the provisions of section 9 (and, to the extent
necessary to enforce such provisions, sections 38 through 51)
of this title shall apply to a company described in this
paragraph as if the company were an investment company
registered under this title.
``(C) Any company proposing to rely on the exemption
provided by this paragraph shall file with the Commission a
notification stating that the company intends to do so, in such
form and manner as the Commission may prescribe by rule.
``(D) Any company meeting the requirements of this
paragraph may rely on the exemption provided by this paragraph
upon filing with the Commission the notification required by
subparagraph (C), until such time as the Commission determines
by order that such reliance is not in the public interest or
consistent with the protection of investors.
``(E) The exemption provided by this paragraph may be
subject to such additional terms and conditions as the
Commission may by rule, regulation, or order determine are
necessary or appropriate in the public interest or for the
protection of investors.''.
SEC. 7. INTRASTATE CLOSED-END INVESTMENT COMPANY EXEMPTION.
Section 6(d)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-6(d)(1)) is amended by striking ``$100,000'' and inserting
``$10,000,000, or such other amount as the Commission may set by rule,
regulation, or order''.
SEC. 8. DEFINITION OF ELIGIBLE PORTFOLIO COMPANY.
Section 2(a)(46)(C) of the Investment Company Act of 1940 (15
U.S.C. 80a-2(a)(46)(C)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) it has total assets of not more
than $4,000,000, and capital and surplus
(shareholders' equity less retained earnings)
of not more than $2,000,000, except that the
Commission may adjust such amounts by rule,
regulation, or order to reflect changes in 1 or
more generally accepted indices or other
indicators for small businesses; or''.
SEC. 9. DEFINITION OF BUSINESS DEVELOPMENT COMPANY.
Section 2(a)(48)(B) of the Investment Company Act of 1940 (15
U.S.C. 80a-2(a)(48)(B)) is amended by inserting before the semicolon at
the end the following: ``, and provided further that a business
development company need not make available significant managerial
assistance with respect to any company described in section
2(a)(46)(C)(iii), or with respect to any other company that meets such
criteria as the Commission may by rule, regulation, or order permit, as
consistent with the public interest, the protection of investors, and
the purposes fairly intended by the policy and provisions of this
title''.
SEC. 10. ACQUISITION OF ASSETS BY BUSINESS DEVELOPMENT COMPANIES.
Section 55(a)(1)(A) of the Investment Company Act of 1940 (15
U.S.C. 80a-54(a)(1)(A)) is amended--
(1) by striking ``or from any person'' and inserting ``from
any person''; and
(2) by inserting before the semicolon ``, or from any other
person, subject to such rules and regulations as the Commission
may prescribe as necessary or appropriate in the public
interest or for the protection of investors''.
SEC. 11. FILING OF WRITTEN STATEMENTS.
Section 64(b)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-63(b)(1)) is amended by inserting ``and capital structure'' after
``portfolio''. | Small Business Incentive Act of 1993 - Amends the Securities Act of 1933 to increase from $5 million to $10 million the size of small business offerings that are exempt from the registration requirements of the Act.
Amends the Investment Company Act of 1940 to exclude from its definition of "investment company" any issuer all of whose securities are held by certain investors whom the Securities and Exchange Commission (SEC) has determined possess such financial sophistication, net worth, and other specified factors as not to need the protections of such Act. Empowers the SEC to define such "qualified purchasers."
Sets forth conditions under which certain business and industrial development companies that are already subject to regulation by the State in which they are organized are exempt from the regulatory constraints of such Act.
Increases to $10 million the maximum aggregate amount of proceeds that certain interstate closed-end investment companies may receive from the sale of their outstanding securities and still retain their exempt status under such Act.
Expands the definition of "eligible portfolio company" to include any company which does not have total assets in excess of $4 million and capital and surpluses in excess of $2 million.
Declares that a "business development company" is not required to make available significant managerial assistance with respect to any eligible portfolio company or any other company that meets certain SEC criteria.
Permits a business development company to acquire the securities of an eligible portfolio company from persons other than such portfolio company itself.
Requires a business development company to file with the SEC a written evaluation of the risk factors involved in investment due to the nature of the company's capital structure. |
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 ``Neighborhood Infrastructure
Improvement and Inner City Job Creation Act''.
SEC. 2. ESTABLISHMENT OF GRANT PROGRAM.
The Secretary of Labor (in this Act referred to as the
``Secretary'') shall provide grants to eligible administrative entities
described in section 3(a) for the purpose of establishing and carrying
out programs that provide employment opportunities to unemployed
individuals through payments for labor and related costs associated
with the repair and renovation of essential community facilities.
SEC. 3. ELIGIBLE ADMINISTRATIVE ENTITIES.
(a) In General.--An administrative entity shall be eligible to
receive a grant under section 2 if the entity is--
(1) a private industry council (described under section 102
of the Job Training Partnership Act (29 U.S.C. 1512)),
(2) a unit of general local government,
(3) a nonprofit private organization, or
(4) in the case of a grant involving a Native American
Indian tribe or Alaska Native Village, a grantee designated
under subsection (c) or (d) of section 401 of the Job Training
Partnership Act, or a consortium of such grantees and the
State,
that serves 1 or more eligible jurisdictions described under subsection
(b).
(b) Eligible Jurisdiction.--An eligible jurisdiction described
under this subsection is an area which has a poverty rate in excess of
30 percent and which is--
(1) a unit of general local government which has a
population of 50,000 or more individuals; or
(2) a Native American Indian tribe, band, or group located
on a Federal or State reservation, the Oklahoma Indians, and
any Alaska Native village or group as defined in the Alaska
Native Claims Settlement Act, having a governing body.
(c) Priority.--In selecting administrative entities described in
subsection (a) to receive a grant under section 2, priority shall be
given to administrative entities that give assurances to the Secretary
in the application submitted under section 4 that such entities will
give priority to individuals who are low-skilled workers in selecting
individuals to participate in programs established and carried out by
such entities under section 5(a).
SEC. 4. APPLICATION.
The Secretary may not make a grant under section 2 to an eligible
administrative entity unless the entity submits to the Secretary an
application in such form and containing such information as the
Secretary may require.
SEC. 5. USE OF AMOUNTS.
(a) In General.--Except as provided in subsection (b), the
Secretary may not make a grant under section 2 to an eligible
administrative entity unless the entity agrees that it will use all
amounts received from such grant to establish and carry out a program
to provide wages and related employment benefits to eligible
individuals described in subsections (a) and (b) of section 6 for the
purpose of employing such individuals to repair and renovate essential
community facilities that are located within the eligible jurisdiction
that the entity serves, including--
(1) painting bridges;
(2) repairing and renovating public buildings and other
community facilities, including public libraries;
(3) repairing and renovating public housing units;
(4) repairing water systems and water development projects;
(5) erecting or replacing traffic control signs and
removing road sign obstructions;
(6) replacing school crossing, intersection, and other road
surface markings;
(7) repairing roads and streets;
(8) repairing and renovating parks and playgrounds;
(9) installing and repairing drainage pipes and catch
basins in areas subject to flooding;
(10) installing graded ramps for individuals with
disabilities; and
(11) weatherizing community facilities and carrying out
other energy conservation activities.
(b) Administrative Costs.--Not more than 25 percent of amounts
received from a grant under section 2 for any fiscal year may be used
for the cost of administration and the acquisition of supplies, tools,
and other equipment.
SEC. 6. ELIGIBLE INDIVIDUALS.
(a) In General.--An individual shall be eligible to participate in
a program described in section 5(a) only if the individual--
(1) is an unemployed individual at the time of enrollment
in such program;
(2) has been unemployed, at a minimum, for the duration of
the 15-week period immediately preceding the date of such
enrollment; and
(3) has made a good-faith attempt to obtain employment
during such 15-week period.
(b) Additional Requirement for Secondary School-Age Individuals.--
(1) In general.--In addition to meeting the requirements
described in subsection (a), a secondary school-age individual
shall be eligible to participate in a program described in
section 5(a) only if the individual has not attended a
secondary school for any part of the 6-month period immediately
preceding the date of enrollment in such program.
(2) Secondary school-age individual defined.--For purposes
of paragraph (1), the term ``secondary school-age individual''
means an individual who has attained the age of 16 but has not
attained the age of 20.
(c) Priority.--In selecting individuals described in subsections
(a) and (b) to participate in a program described in section 5(a),
priority shall be given to the individuals who, at the time of
selection to the program, have exhausted or are otherwise not eligible
for unemployment insurance benefits, particularly those individuals who
have been unemployed for the longest periods of time preceding the date
of their selection to the program.
SEC. 7. NONDISCRIMINATION.
No individual shall be excluded from participation in, denied the
benefits of, subjected to discrimination under, or denied employment in
the administration of or in connection with any program described in
section 5(a) because of race, color, religion, sex, national origin,
age, disability, or political affiliation or belief.
SEC. 8. LABOR STANDARDS.
The labor standards described under section 143 of the Job Training
Partnership Act (29 U.S.C. 1553) shall apply for purposes of a program
established under section 5(a).
SEC. 9. MAINTENANCE OF EXPENDITURES.
The Secretary may not make a grant under section 2 to an eligible
administrative entity unless the entity agrees that it will maintain
its aggregate expenditures from all other sources for employing
individuals to repair and renovate essential community facilities at or
above the average level of such expenditures in the 2 fiscal years
preceding the date on which the entity submits an application under
section 4 to the Secretary.
SEC. 10. REPORT.
The Secretary may not make a grant under section 2 to an eligible
administrative entity unless the entity agrees that it will submit, for
any fiscal year in which the entity receives a grant under such
section, a report to the Secretary describing the use of such grant and
any other information the Secretary determines to be appropriate.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out section 2 $1,000,000,000 for fiscal year 1996 and such sums as may
be necessary for each succeeding fiscal year.
(b) Availability.--Funds authorized to be appropriated under
subsection (a) shall remain available until expended. | Neighborhood Infrastructure Improvement and Inner City Job Creation Act - Directs the Secretary of Labor to make grants to eligible administrative entities for programs to provide employment opportunities to unemployed individuals through payments for labor and related costs associated with repair and renovation of essential community facilities. Makes an area eligible for such a program if it has a poverty rate above 30 percent and is: (1) a local government with a population of 50,000 or more; or (2) a Native American Indian tribe, band or group located on a Federal or State reservation, the Oklahoma Indians, and any Alaska Native village or group, having a governing body.
Gives grant priority to administrative entities that assure giving priority to low-skilled workers as program participants. Requires eligible participants to have been unemployed for at least 15 weeks and have sought employment during that period. Makes secondary school-age individuals (16 to 20 years old) eligible only if they have not attended a secondary school at any time during the previous six months. Gives priority to individuals who have exhausted or are not eligible for unemployment insurance benefits, particularly those who have been unemployed for the longest periods.
Authorizes appropriations. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Saudi Arabia is the center of Wahabbism, the ultra-
purist, jihadist form of Islam followed by members of Al Qaeda.
(2) More than 50 percent of the funding of Hamas, a
Palestinian terrorist organization, comes from Saudi Arabia,
and support for Hamas by Saudi Arabia is increasing despite
President Bush's request to the Government of Saudi Arabia to
discontinue the provision of assistance to Palestinian
terrorist groups.
(3) Prince Nayef bin Abdel Aziz, the Saudi Interior
Minister and a brother of King Fahd, oversees the Saudi
Committee for the Support of Al Quds Intifada, which provides
assistance to the families of Palestinian suicide bombers
through specially designated bank accounts. According to Arab
News, a Saudi daily, a single telethon early last year raised
approximately $112,000,000 for Al Quds.
(4) The Government of Saudi Arabia provided cash payments
of $5,333 to each family of ``martyrs'' killed while trying to
murder Israelis.
(5) In June 2003, a senior Saudi official, Dr. Abdul Wahid
Al-Humaid, published the following quote in a series of Saudi
periodicals: ``The Jews . . . have succeeded in [winning] world
sympathy by playing on the Holocaust and Nazi atrocities. The
result has been a world that gradually shifted from disliking
Jews to sympathizing with them. The Jews are masters at
manipulating the media, money, world organizations and pressure
groups.''.
(6) In the spring of 2002, United States Armed Forces in
Sarajevo discovered in the office of the Saudi High Commission
for Relief of Bosnia and Herzegovina documents that proved that
Saudi Arabia provided funding to Hamas to enable it to produce
a short-range missile called the ``Qassam''.
(7) During the summer of 2000 in San Diego, a known Saudi
intelligence agent, Omar al-Bayoumi, hosted Khalid Almihdhar
and Nawaf Alhazmi, two of the individuals who subsequently
hijacked commercial aircraft on September 11, 2001, and crashed
the aircraft into the twin towers of the World Trade Center in
New York City and into the Pentagon. Al-Bayoumi met Almihdhar
and Alhazmi in Los Angeles, directed them to a Muslim community
in San Diego, and even wrote a check for their apartment
deposit.
(8) The wife of the Saudi Ambassador to the United States,
Princess Haifa al-Faisal, transferred $15,000 in 1998, and then
$2,000 a month thereafter, to a Saudi resident of San Diego,
Osama Bassnan. During the same period, Bassnan and another man
who apparently also received Saudi financial support helped two
other individuals who subsequently committed the terrorist
attacks on September 11, 2001.
(9) For more than a month after the terrorist attacks that
occurred on September 11, 2001, the Government of Saudi Arabia
refused to freeze the financial assets of Osama bin Laden, the
individual who masterminded the terrorist attacks.
(10) Assistant Director of the Federal Bureau of
Investigation Robert M. Bryant stated that the Government of
Saudi Arabia has prevented FBI investigators from interviewing
any civilians who witnessed or may have been involved in the
bombing in 1996 of Khobar Towers, a United States military
housing installation in Saudi Arabia, in which 19 United States
servicemen were killed.
(11) In April 1995, the Government of Saudi Arabia
prevented the United States Government from apprehending Imad
Mighniyah, the head of the Palestinian terrorist organization
Hezbollah, and who had planned the bombing in 1983 of the
United States Marine barracks in Beirut, Lebanon, in which 241
Marines were killed. The Government of Saudi Arabia ignored the
request of United States National Security Advisor Anthony Lake
to allow the aircraft that was carrying Mighniyah to land in a
location where Mighniyah could be apprehended.
(12) During the first Gulf War, Saudi officials would not
allow United States troops to hold formal Christmas services on
Saudi territory, even as the United States was protecting Saudi
Arabia from Iraqi invasion.
SEC. 2. PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES.
No funds appropriated or otherwise made available pursuant to an
Act making appropriations for foreign operations, export financing, and
related programs may be obligated or expended to finance directly any
assistance or reparations to Cuba, Libya, North Korea, Iran, Saudi
Arabia, or Syria. For purposes of the preceding sentence, the
prohibition on obligations or expenditures shall include direct loans,
credits, insurance, and guarantees of the Export-Import Bank of the
United States or its agents. | Prohibits appropriated foreign assistance funds (including direct loans, credits, insurance, and guarantees of the U.S. Export-Import Bank) from being expended to finance directly any assistance or reparations to Cuba, Libya, North Korea, Iran, Saudi Arabia, or Syria. |
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 ``Civil War Sesquicentennial
Commission Act of 2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The American Civil War was a defining experience in the
development of the United States.
(2) The people of the United States continue to struggle
with issues of race, civil rights, the politics of federalism,
and heritage which are legacies of the Civil War and
Reconstruction.
(3) There is a resurgence of interest in the Civil War,
that is evidenced by the multitude of publications, exhibits,
reenactments, research organizations, Internet and multimedia
resources, historic parks, and preservation associations
focused on the Civil War.
(4) The years 2011 through 2015 mark the sesquicentennial
of the Civil War.
(5) The sesquicentennial of the Civil War presents a
significant opportunity for Americans to recall and reflect
upon the Civil War and its legacy in a spirit of reconciliation
and reflection.
(6) The United States Civil War Center at Louisiana State
University, Louisiana and the Civil War Institute at Gettysburg
College, Pennsylvania have been designated by the Federal
government to plan and facilitate the commemoration of the
sesquicentennial of the Civil War.
(b) Purpose.--The purpose of this Act is to establish a Civil War
Sesquicentennial Commemoration Commission to--
(1) ensure a suitable national observance of the
sesquicentennial of the Civil War;
(2) cooperate with and assist States and national
organizations with programs and activities for the observance
of the sesquicentennial of the Civil War;
(3) assist in ensuring that any observance of the
sesquicentennial of the Civil War is inclusive and
appropriately recognizes the experiences and points of view of
all people affected by the Civil War; and
(4) provide assistance for the development of programs,
projects, and activities on the Civil War that have lasting
educational value.
SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION.
There is established a commission to be known as the Civil War
Sesquicentennial Commemoration Commission (hereafter in this Act
referred to as the ``Commission'').
SEC. 4. COMPOSITION OF THE COMMISSION.
(a) In General.--The Commission shall be composed of 26 members as
follows:
(1) Government members.--The Commission shall include--
(A) 2 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives;
(B) 2 Members of the Senate appointed by the
President pro tempore of the Senate, in consultation
with the Majority Leader and the Minority Leader of the
Senate;
(C) the Secretary of the Smithsonian Institution,
or the designee of the Secretary;
(D) the Secretary of the Department of Education,
or the designee of the Secretary;
(E) the Chairman of the National Endowment for the
Humanities, or the designee of the Chairman;
(F) the Archivist of the United States, or the
designee of the Archivist;
(G) the Librarian of Congress, or the designee of
the Librarian; and
(H) the Director of the National Park Service, or
the designee of the Director.
(2) Private members.--The Commission shall include--
(A) an individual appointed by the President after
consultation with the Director of the United States
Civil War Center at Louisiana State University,
Louisiana;
(B) an individual appointed by the President after
consultation with the Director of the Civil War
Institute at Gettysburg College, Pennsylvania;
(C) 5 members appointed by the President from among
individuals who are representatives of the corporate
community; and
(D) 9 individuals, appointed by the President, from
among persons who by reason of education, training, and
experience, are experts on the Antebellum, Civil War,
and Reconstruction eras, including--
(i) 6 individuals with expertise in
history;
(ii) 1 individual with specific expertise
in art history, historic preservation, or a
related field;
(iii) 1 individual with expertise in
anthropology, cultural geography, sociology, or
a related field; and
(iv) 1 individual with expertise in
political science, law, economics, or a related
field.
(b) Terms.--Members shall be appointed for the life of the
Commission.
(c) Vacancies.--Any vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner as the original
appointment.
(d) Initial Appointments.--The appointment of the members of the
Commission shall be made not later than 60 days after the date of the
enactment of this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Meetings.--
(1) Initial meeting.--Not later than 60 days after the date
on which all members of the Commission have been appointed, the
members appointed under subparagraphs (A) and (B) of section
4(a)(2) shall call the first meeting of the Commission.
(2) Subsequent meetings.--The Commission shall hold
subsequent meetings at the call of the chairperson.
(b) Chairperson and Vice Chairperson.--At the initial meeting, the
Commission shall elect a Chairperson and Vice Chairperson from among
its voting members.
(c) Quorum.--A majority of voting members shall constitute a
quorum, but a lesser number may hold meetings.
(d) Voting.--
(1) In general.--The Commission shall act only on an
affirmative vote of a majority of the voting members of the
Commission.
(2) Nonvoting members.--The individuals appointed under
subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting
members, and shall serve only in an advisory capacity.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Activities Related to the Sesquicentennial.--The Commission
shall--
(1) plan, develop, and carry out programs and activities
appropriate to commemorate the sesquicentennial of the Civil
War;
(2) encourage interdisciplinary examination of the Civil
War;
(3) facilitate Civil War-related activities throughout the
United States;
(4) encourage civic, historical, educational, economic, and
other organizations throughout the United States to organize
and participate in activities to expand the understanding and
appreciation of the significance of the Civil War;
(5) coordinate and facilitate the public distribution of
scholarly research, publications, and interpretations of the
Civil War;
(6) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration of the
sesquicentennial of the Civil War;
(7) develop programs and facilities to ensure that the
sesquicentennial commemoration of the Civil War results in a
positive legacy and long-term public benefit;
(8) administer the grant program under section 7; and
(9) encourage the development and conduct of programs
designed to involve the international community in activities
that commemorate the Civil War.
(b) Plans and Report.--
(1) Plans.--The Commission shall prepare a strategic plan
in accordance with section 306 of title 5, United States Code,
and the annual plan and report required by sections 1115 and
1116, respectively, of title 31, United States Code.
(2) Report.--Not later than December 30, 2015, the
Commission shall submit to Congress a final report that
contains--
(A) a summary of activities of the Commission;
(B) a final accounting of funds received and
expended by the Commission; and
(C) the findings and recommendations of the
Commission.
SEC. 7. GRANT PROGRAM.
(a) Grants Authorized.--The Commission shall award a grant in each
of the fiscal years 2003 through 2015 to each of the following:
(1) The United States Civil War Center at Louisiana State
University, Louisiana.
(2) The Civil War Institute at Gettysburg College,
Pennsylvania.
(b) Limitations.--The amount of any grant under subsection (a) in
any fiscal year may not exceed $100,000, nor may the amount of such
grant be less than $80,000.
(c) Use of Funds.--Amounts awarded under subsection (a) shall be
used for appropriate activities relating to the sesquicentennial of the
Civil War.
SEC. 8. POWERS OF THE COMMISSION.
(a) In General.--The Commission may--
(1) solicit, accept, use, and dispose of gifts or donations
of services or property, and acknowledge publicly the sources
of such gifts and donations;
(2) appoint any advisory committee as the Commission
considers appropriate for the purposes of this Act;
(3) authorize any voting member or employee of the
Commission to take any action that the Commission is authorized
to take under this Act; and
(4) procure supplies and services to carry out this Act.
(b) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 9. PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission, and
members of any advisory committee appointed under section 8(a)(2),
shall serve without compensation.
(b) Travel Expenses.--Members of the Commission, and members of any
advisory committees appointed under section 8(a)(2), shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to civil service laws and regulations, appoint
and terminate an executive director and other additional
personnel as may be necessary to enable the Commission to
perform its duties.
(2) Confirmation of the executive director.--The employment
of an executive director shall be subject to confirmation by
the Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
any detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at daily
rates for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
SEC. 10. TERMINATION.
The Commission shall terminate on the date that is 90 days after
the date on which the Commission submits its report under section
6(b)(2).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $500,000 for each of the fiscal years 2003 through 2015.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available until expended. Any unexpended
balance of appropriations available pursuant to the authorization of
appropriations in subsection (a) as of December 30, 2015 are canceled
effective December 30 2020. | Civil War Sesquicentennial Commission Act of 2002 - Establishes a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War.Requires the Commission to award a grant in each of FY 2003 through 2015 to: (1) the U.S. Civil War Center at Louisiana State University, Louisiana; and (2) the Civil War Institute at Gettysburg College, Pennsylvania. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Fraud and Abuse Act of
1994''.
SEC. 2. EXPANSION OF CIVIL AND CRIMINAL MONETARY SANCTIONS.
(a) Civil Sanctions.--Section 1128A of the Social Security Act (42
U.S.C. 1320a-7a) is amended--
(1) in subsections (a) and (b), by striking ``$2,000'' each
place it appears and inserting ``$5,000'',
(2) in the second sentence of subsection (a), by striking
``not more than twice'' and inserting ``not more than three
times'', and
(3) by adding at the end the following new subsection:
``(m)(1) The maximum civil monetary penalty amounts specified in
subsections (a) and (b) shall be adjusted for inflation as provided in
this subsection.
``(2) Not later than December 1, 1999, and December 1 of each fifth
calendar year thereafter, the Secretary shall prescribe and publish in
the Federal Register a schedule of maximum authorized penalties that
shall apply for violations that occur after January 1 of the year
immediately following such publication.
``(3) The schedule of maximum authorized penalties shall be
prescribed by increasing each of the amounts specified in subsections
(a) and (b) by the cost-of-living adjustment for the preceding five
years. Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $1,000.
``(4) For purposes of this subsection:
``(A) The term `cost-of-living adjustment for the
preceding five years' means the percentage by which--
``(i) the Consumer Price Index for the
month of June of the calendar year preceding
the adjustment, exceeds
``(ii) the Consumer Price Index for the
month of June preceding the date on which the
maximum authorized penalty was last adjusted
under this subsection.
``(B) The term `Consumer Price Index' means the
Consumer Price Index for all urban consumers published
by the Department of Labor.''.
(b) Treble Damages for Criminal Sanctions.--Section 1128B of the
Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the
end the following new subsection:
``(f) In addition to the fines that may be imposed under subsection
(a), (b), or (c), any individual found to have violated the provisions
of any of such subsections may be subject to treble damages.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1995.
SEC. 3. APPLICATION OF FEDERAL HEALTH ANTI-FRAUD AND ABUSE SANCTIONS TO
ALL FRAUD AND ABUSE AGAINST ANY HEALTH BENEFIT PLAN.
(a) Civil Monetary Penalties.--Section 1128A of the Social Security
Act (42 U.S.C. 1320a-7a) is amended as follows:
(1) In subsection (a)(1), in the matter before subparagraph
(A), by inserting ``or of any health benefit plan,'' after
``subsection (i)(1)),''.
(2) In subsection (b)(1)(A), by inserting ``or under a
health benefit plan'' after ``title XIX''.
(3) In subsection (f)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) With respect to amounts recovered arising out of a
claim under a health benefit plan, the portion of such amounts
as is determined to have been paid by the plan shall be repaid
to the plan.''.
(4) In subsection (i)--
(A) in paragraph (2), by inserting ``or under a
health benefit plan'' before the period at the end, and
(B) in paragraph (5), by inserting ``or under a
health benefit plan'' after ``or XX''.
(b) Crimes.--Section 1128B of the Social Security Act (42 U.S.C.
1320a-7b) is amended as follows:
(1) In the heading, by adding at the end the following:
``or health benefit plans''.
(2) In subsection (a)(1)--
(A) by striking ``title XVIII or'' and inserting
``title XVIII,'', and
(B) by adding at the end the following: ``or a
health benefit plan (as defined in section 1128(i)),''.
(3) In subsection (a)(5), by striking ``title XVIII or a
State health care program'' and inserting ``title XVIII, a
State health care program, or a health benefit plan''.
(4) In the second sentence of subsection (a)--
(A) by inserting after ``title XIX'' the following:
``or a health benefit plan'', and
(B) by inserting after ``the State'' the following:
``or the plan''.
(5) In subsection (b)(1), by striking ``title XVIII or a
State health care program'' each place it appears and inserting
``title XVIII, a State health care program, or a health benefit
plan''.
(6) In subsection (b)(2), by striking ``title XVIII or a
State health care program'' each place it appears and inserting
``title XVIII, a State health care program, or a health benefit
plan''.
(7) In subsection (b)(3), by striking ``title XVIII or a
State health care program'' each place it appears in
subparagraphs (A) and (C) and inserting ``title XVIII, a State
health care program, or a health benefit plan''.
(8) In subsection (d)(2)--
(A) by striking ``title XIX,'' and inserting
``title XIX or under a health benefit plan,'', and
(B) by striking ``State plan,'' and inserting
``State plan or the health benefit plan,''.
(c) Health Benefit Plan Defined.--Section 1128 of the Social
Security Act (42 U.S.C. 1320a-7) is amended by redesignating subsection
(i) as subsection (j) and by inserting after subsection (h) the
following new subsection:
``(i) Health Benefit Plan Defined.--For purposes of sections 1128A
and 1128B, the term `health benefit plan' means a health benefit
program other than the medicare program, the medicaid program, or a
State health care program.''.
(d) Conforming Amendment.--Section 1128(b)(8)(B)(ii) of the Social
Security Act (42 U.S.C. 1320a-7(b)(8)(B)(ii)) is amended by striking
``1128A'' and inserting ``1128A (other than a penalty arising from a
health benefit plan, as defined in subsection (i))''.
(e) Effective Date.--The amendments made by this section shall take
effect January 1, 1995.
SEC. 4. CIVIL MONETARY PENALTIES INCLUDED IN ANTI-KICKBACK SANCTIONS.
(a) In General.--Section 1128A(a) of the Social Security Act (42
U.S.C. 1320a-7a(a)), as amended by section 2(a), is amended--
(1) by striking ``or'' at the end of paragraph (1)(D);
(2) by striking ``, or'' at the end of paragraph (2) and
inserting a semicolon;
(3) by striking the semicolon at the end of paragraph (3)
and inserting ``; or'';
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) carries out any activity in violation of paragraph
(1) or (2) of section 1128B(b);'';
(5) by striking ``than $5,000'' and all that follows
through the period and inserting ``than, in cases under
paragraph (1) or (2), $5,000 for each item or service, in cases
under paragraph (3), $15,000 for each individual with respect
to whom false or misleading information is given, and in cases
under paragraph (4), $10,000 for each violation.''; and
(6) by striking ``than three times'' and all that follows
through the period and inserting ``than, in cases under
paragraph (1) or (2), three times the amount claimed for each
such item or service in lieu of damages sustained by the United
States or a State agency because of such claim, and in cases
under paragraph (4), twice the total amount of the remuneration
offered, paid, solicited, or received in violation of paragraph
(1) or (2) of section 1128B(b).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect January 1, 1995.
SEC. 5. VOLUNTARY DISCLOSURE PROGRAM.
In consultation with the Attorney General of the United States, the
Secretary of Health and Human Services shall publish proposed
regulations no later than 9 months after the date of the enactment of
this Act, and final regulations no later than 18 months after such date
of enactment, establishing a program of voluntary disclosure that would
facilitate enforcement of sections 1128A and 1128B of the Social
Security Act (42 U.S.C. 1320a-7a and 1320a-7b) and other relevant
provisions of Federal law relating to health care fraud and abuse. Such
program should promote and provide incentives for disclosures of
potential violations of such sections and provisions by providing that,
under certain circumstances, the voluntary disclosure of wrongdoing
would result in the imposition of penalties and punishments less
substantial than those that would be assessed for the same wrongdoing
if voluntary disclosure did not occur.
SEC. 6. EXPANSION OF HEALTH CARE FRAUD INVESTIGATIVE RESOURCES.
There are authorized to be appropriated for the hiring of
additional personnel in the Department of Health and Human Services
Office of the Inspector General $25,000,000 for each of fiscal years
1994, 1995, 1996, and 1997 to sustain and expand the investigation of
health care fraud. | Health Care Fraud and Abuse Act of 1994 - Amends title XI of the Social Security Act to: (1) increase civil monetary penalties; (2) expand criminal penalties to include treble damages; (3) provide for the application of such sanctions to fraud and abuse involving any health benefit plan; and (4) include civil monetary penalties in anti-kickback sanctions.
Requires the Secretary of Health and Human Services (HHS) to publish regulations establishing a program of voluntary disclosure of wrongdoing providing for less substantial sanctions than those otherwise imposed for health care fraud and abuse.
Authorizes appropriations for hiring additional personnel for HHS's Office of Inspector General to sustain and expand the investigation of health care fraud. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Improper Payments to
Deceased People Act''.
SEC. 2. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--
(1) In general.--Section 205(r) of the Social Security Act
(42 U.S.C. 405(r)) is amended--
(A) in paragraph (2)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by inserting ``, and to ensure the
completeness, timeliness, and accuracy of,''
after ``transmitting'';
(B) by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3)(A) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection in accordance with subparagraph (B), subject to such
safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, by any Federal or State agency providing federally
funded benefits or administering a Federal program for such benefits,
including the agency operating the Do Not Pay working system for
ensuring proper payment of those benefits, through a cooperative
arrangement with the agency (that includes the agency's Inspector
General) or with an agency's Inspector General, if--
``(i) under such arrangement the agency (including, if
applicable, the agency's Inspector General) provides
reimbursement to the Commissioner of Social Security for the
reasonable cost of carrying out such arrangement, including the
reasonable costs associated with the collection and maintenance
of information regarding deceased individuals furnished to the
Commissioner pursuant to paragraph (1); and
``(ii) such arrangement does not conflict with the duties
of the Commissioner of Social Security under paragraph (1).
``(B) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, through a cooperative arrangement in order for a Federal
agency to carry out any of the following purposes, if the requirements
of clauses (i) and (ii) of subparagraph (A) are met:
``(i) Operating the Do Not Pay working system established
by section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012. Under such arrangement, the agency
operating the working system may compare death information
disclosed by the Commissioner with personally identifiable
information reviewed through the working system, and may
redisclose such comparison of information, as appropriate, to
any Federal or State agency authorized to use the working
system.
``(ii) To ensure proper payments under a Federal program or
the proper payment of federally funded benefits, including for
purposes of payment certification, payment disbursement, and
the prevention, identification, or recoupment of improper
payments.
``(iii) To carry out tax administration or debt collection
duties of the agency.
``(iv) For use by any policing agency of the Federal
Government with the principle function of prevention,
detection, or investigation of crime or the apprehension of
alleged offenders.
``(C) With respect to the reimbursement to the Commissioner of
Social Security for the reasonable cost of carrying out a cooperative
arrangement described in subparagraph (A) between the Commissioner of
Social Security and an agency, the Commissioner shall--
``(i) establish a defined calculation method for purposes
of calculating the reasonable cost of carrying out the
arrangement that does not take into account any services,
information, or unrelated payments provided by the agency to
the Commissioner; and
``(ii) reimbursement payments shall be accounted for and
recorded separately from other transactions.
``(4) The Commissioner of Social Security may enter into similar
arrangements with States to provide information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, for any of the purposes specified in paragraph (3)(B), for
use by States in programs wholly funded by the States, or for use in
the administration of a benefit pension plan or retirement system for
employees of a State or a political subdivision thereof, if the
requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For
purposes of this paragraph, the terms `retirement system' and
`political subdivision' have the meanings given such terms in section
218(b).
``(5) The Commissioner of Social Security may use or provide for
the use of information regarding all deceased individuals furnished to
or maintained by the Commissioner under this subsection, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, for statistical purposes and research activities by
Federal and State agencies if the requirements of clauses (i) and (ii)
of paragraph (3)(A) are met. For purposes of this paragraph, the term
`statistical purposes' has the meaning given that term in section 502
of the Confidential Information Protection and Statistical Efficiency
Act of 2002.''; and
(C) in paragraph (8)(A)(i), by striking
``subparagraphs (A) and (B) of paragraph (3)'' and
inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
(2) Repeal.--Effective on the date that is 5 years after
the date of enactment of this Act, the amendments made by this
subsection to paragraphs (3), (4), (5), and (8) of section
205(r) of the Social Security Act (42 U.S.C. 405(r)) are
repealed, and the provisions of section 205(r) of the Social
Security Act (42 U.S.C. 605(r)) so amended are restored and
revived as if such amendments had not been enacted.
(b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraphs (A) and (B), by striking ``Secretary
of Health and Human Services'' each place it appears and
inserting ``Commissioner of Social Security''; and
(2) in subparagraph (B)(ii), by striking ``such Secretary''
and all that follows through ``deceased individuals.'' and
inserting ``such Commissioner pursuant to such contract, except
that such contract may provide that such information is only to
be used by the Social Security Administration (or any other
Federal agency) for purposes authorized in the Social Security
Act or this title.''.
(c) Report to Congress on Alternative Sources of Death Data.--
(1) Requirements.--The Director of the Office of Management
and Budget shall conduct a review of potential alternative
sources of death data maintained by the non-Federal sources,
including sources maintained by State agencies or associations
of State agencies, for use by Federal agencies and programs.
The review shall include analyses of--
(A) the accuracy and completeness of such data;
(B) interoperability of such data;
(C) the extent to which there is efficient
accessibility of such data by Federal agencies;
(D) the cost to Federal agencies of accessing and
maintaining such data;
(E) the security of such data;
(F) the reliability of such data; and
(G) a comparison of the potential alternate sources
of death data to the death data distributed by the
Commissioner of Social Security.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress on the results of
the review and analyses required under paragraph (1). The
report shall include a recommendation by the Director of the
Office of Management and Budget regarding whether to extend the
agency access to death data distributed by the Commissioner of
Social Security provided under the amendments made by
subsection (a)(1) beyond the date on which such amendments are
to be repealed under subsection (a)(2).
SEC. 3. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB
IMPROPER PAYMENTS.
The Improper Payments Elimination and Recovery Improvement Act of
2012 (31 U.S.C. 3321 note) is amended by adding at the end the
following:
``SEC. 8. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES.
``(a) Guidance by the Office of Management and Budget.--
``(1) Guidance to agencies.--Not later than 6 months after
the date of enactment of this section, and in consultation with
the Council of Inspectors General on Integrity and Efficiency
and the heads of other relevant Federal, State, and local
agencies, and Indian tribes and tribal organizations, the
Director of the Office of Management and Budget shall issue
guidance for each agency or component of an agency that
operates or maintains a database of information relating to
beneficiaries, annuity recipients, or any purpose described in
section 205(r)(3)(B) of the Social Security Act (42 U.S.C.
405(r)(3)(B)) for which improved data matching with databases
relating to the death of an individual (in this section
referred to as `death databases') would be relevant and
necessary regarding implementation of this section to provide
such agencies or components access to the death databases no
later than 6 months after such date of enactment.
``(2) Plan to assist states and local agencies and indian
tribes and tribal organizations.--Not later than 1 year after
the date of enactment of this section, the Director of the
Office of Management and Budget shall develop a plan to assist
States and local agencies, and Indian tribes and tribal
organizations, in providing electronically to the Federal
Government records relating to the death of individuals, which
may include recommendations to Congress for any statutory
changes or financial assistance to States and local agencies
and Indian tribes and tribal organizations that are necessary
to ensure States and local agencies and Indian tribes and
tribal organizations can provide such records electronically.
The plan may include recommendations for the authorization of
appropriations or other funding to carry out the plan.
``(b) Reports.--
``(1) Report to congress on improving data matching
regarding payments to deceased individuals.--Not later than 270
days after the date of enactment of this section, the Director
of the Office of Management and Budget, in consultation with
the heads of other relevant Federal agencies, and in
consultation with States and local agencies, Indian tribes and
tribal organizations, shall submit to Congress a plan to
improve how States and local agencies and Indian tribes and
tribal organizations that provide benefits under a federally
funded program will improve data matching with the Federal
Government with respect to the death of individuals who are
recipients of such benefits.
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and for each of the 4 succeeding
years, the Director of the Office of Management and Budget
shall submit to Congress a report regarding the implementation
of this section. The first report submitted under this
paragraph shall include the recommendations of the Director
required under subsection (a)(2).
``(c) Definitions.--In this section, the terms `Indian tribe' and
`tribal organization' have the meanings given those terms in section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 4. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA
MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY
ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commissioner of Social Security shall submit to
Congress a plan, which shall include an estimate of the cost of
implementing the policies and procedures described in such plan, to
improve the accuracy and completeness of the death data (including,
where feasible and cost-effective, data regarding individuals who are
not eligible for or receiving benefits under titles II or XVI of the
Social Security Act) maintained and distributed by the Social Security
Administration.
(b) Content of Plan.--In developing the plan required under
subsection (a), the Commissioner of Social Security shall consider
whether to include the following elements:
(1) Procedures for--
(A) identifying individuals who are extremely
elderly, as determined by the Commissioner, but for
whom no record of death exists in the records of the
Social Security Administration;
(B) verifying the information contained in the
records of the Social Security Administration with
respect to individuals described in subparagraph (A)
and correcting any inaccuracies; and
(C) where appropriate, disclosing corrections made
to the records of the Social Security Administration.
(2) Improved policies and procedures for identifying and
correcting erroneous death records, including policies and
procedures for--
(A) identifying individuals listed as dead who are
actually alive;
(B) identifying individuals listed as alive who are
actually dead; and
(C) allowing individuals or survivors of deceased
individuals to notify the Social Security
Administration of potential errors.
(3) Improved policies and procedures to identify and
correct discrepancies in the records of the Social Security
Administration, including Social Security number records.
(4) A process for employing statistical analysis of the
death data maintained and distributed by the Social Security
Administration to determine an estimate of the number of
erroneous records.
(5) Recommendations for legislation, as necessary.
SEC. 5. REPORT ON INFORMATION SECURITY.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of Social Security shall submit a report to the
Committees on Ways and Means, Oversight and Government Reform, and
Homeland Security of the House of Representatives, and the Committees
on Finance and Homeland Security and Governmental Affairs of the Senate
that--
(1) identifies all information systems of the Social
Security Administration containing sensitive information; and
(2) describes the measures the Commissioner is taking to
secure and protect such information systems. | Stopping Improper Payments to Deceased People Act This bill requires the Social Security Administration (SSA) to pay to states their reasonable costs for compiling and sharing records of deaths with the SSA. Under current law, the SSA is not required to pay the states but may choose to do so. The SSA may share the death data with federal and state agencies for various purposes. Such purposes include ensuring proper payments of benefits and tax administration duties. The Office of Management and Budget shall develop a plan to help federal and state agencies and Indian tribes use the death data. |
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 ``Gang Elimination Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The number of documented members of gangs located in
the United States has grown to over 800,000. This number is
larger than all but six armies in the world.
(2) Gangs run by international drug cartels represent a
clear and present danger to the national security of the United
States.
(3) Drug gangs have become one of the principle means of
importing and distributing illegal narcotics in the United
States.
(4) Drug gangs are now operating within suburban
communities. Some police departments and some sheriffs' offices
located in such communities are less prepared than police
departments and sheriffs' offices located in urban communities
to reduce this threat.
(5) The average recruit into a gang is in the seventh
grade.
(6) Gangs run by international drug cartels now number in
the hundreds of thousands, across city, State, and national
boundaries.
(7) Current efforts by municipal and State law enforcement
communities have not eliminated this threat to the Nation, law
and order, or to children.
(8) Only the Federal Government can muster the strategy,
resources, and intelligence to remove this growing danger to
the people in the United States.
SEC. 3. NATIONAL STRATEGY TO ELIMINATE THE ILLEGAL OPERATIONS OF THE
THREE INTERNATIONAL DRUG GANGS THAT PRESENT THE BIGGEST
THREAT IN THE UNITED STATES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Attorney General, in consultation with the
Secretary of Homeland Security, shall submit to Congress a report, in
both classified and unclassified form, setting forth a national
strategy to eliminate within the period that is four years after the
date of such submission the illegal operations of each National Threat
Drug Gang designated under subsection (b). In addition to such
strategy, the report shall include the following information:
(1) A list identifying each of such National Threat Drug
Gangs.
(2) A description of the composition, operations,
strengths, and weaknesses of each of such National Threat Drug
Gangs.
(b) Designation of National Threat Drug Gangs.--In developing the
national strategy under subsection (a), the Attorney General shall
identify the top three international drug gangs that present the
greatest threat to law and order in the United States and shall
designate each such gang as a ``National Threat Drug Gang''. For
purposes of identifying such gangs, the Attorney General shall
consider--
(1) the extent to which, for the purpose of committing a
drug-related offense, the gang conducts activities with any
international terrorist organization or state designated by the
Secretary of State as a state sponsor of terrorism, as compared
to the extent to which other international drug gangs conduct
such activities for such purpose;
(2) the volume of controlled substances (as defined in
section 102 of the Controlled Substance Act (21 U.S.C. 802))
that such gang imports to or distributes within the United
States, as compared to the volume of controlled substances that
other international drug gangs import to or distribute within
the United States; and
(3) the extent to which the gang is a threat to children
and schools within the United States, as compared to the extent
to which other international drug gangs are such a threat.
(c) Definitions.--For purposes of this Act:
(1) Drug gang.--The term ``drug gang'' means an ongoing
group, club, organization, or association of 50 or more
individuals--
(A) that has as one of its primary purposes the
commission of one or more drug-related offenses;
(B) the members of which engage, or have engaged
within the past five years, in a continuing series of
drug-related offenses; and
(C) the activities of which--
(i) include crimes of violence, as defined
in section 16 of title 18, United States Code
(including rape); and
(ii) affect interstate or foreign commerce.
(2) Drug-related offense.--The term ``drug-related
offense'' means--
(A) a Federal felony involving a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the maximum
penalty is not less than 5 years, including a crime
involving the manufacturing, importing, distributing,
dispensing, or possessing with the intent to
manufacture, distribute, or dispense such a controlled
substance; and
(B) a conspiracy to commit an offense described in
subparagraph (A).
(3) International drug gang.--The term ``international drug
gang'' means a drug gang that--
(A) conducts activities that affect foreign
commerce; or
(B) conspires with another drug gang that conducts
activities that affect foreign commerce. | Gang Elimination Act of 2006 - Directs the Attorney General to report to Congress on a national strategy to eliminate the illegal operations of National Threat Drug Gangs (i.e., the top three international drug gangs that present the greatest threat to law and order in the United States). Sets forth criteria for the Attorney General to consider in identifying a National Threat Drug Gang, including (1) ties to international terrorist organizations or state-sponsored terrorism; (2) the volume of controlled substances imported or distributed by such gangs; and (3) the threat to children and schools in the United States. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hudson River Artists National
Historical Park Act of 1993''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Hudson river artists.--The term ``Hudson River
artists'' means artists who belonged to the Hudson River School
of Landscape Painting described in section 3(a)(1).
(2) Hudson river valley region.--The term ``Hudson River
Valley region'' means the counties of Albany, Columbia,
Dutchess, Greene, Orange, Saratoga, Putnam, Rockland, Ulster,
Rensselaer, Washington, Bronx, New York, and Westchester in the
State of New York.
(3) Park.--The term ``Park'' means the Hudson River Artists
National Historical Park established pursuant to section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Site.--The term ``Site'' means the Thomas Cole National
Historic Site established by section 4(a).
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Hudson River School of Landscape Painting was
inspired by Thomas Cole and was characterized by a group of
19th century landscape artists who recorded and celebrated the
landscape and wilderness of America, particularly the Hudson
River Valley region in the State of New York;
(2) Thomas Cole and his student Frederic Church have been
recognized as America's most prominent landscape and
allegorical painters in the mid-19th century;
(3) the Thomas Cole House in Greene County, New York, and
the Olana State Historic Site, in the home and studio of
Frederic Church in Columbia County, New York, are listed on the
National Register of Historic Places and are designated as
National Historic Landmarks;
(4) within a 15-mile area of the Thomas Cole House, an area
that forms a key part of the rich cultural and natural heritage
in the Hudson River Valley region, significant landscapes and
scenes painted by the Hudson River artists survive intact;
(5) collectively, these resources described in paragraphs
(3) and (4) provide--
(A) opportunities for illustrating and interpreting
cultural themes of the heritage of the United States;
and
(B) unique opportunities for education, public use,
and enjoyment; and
(6) New York State has established the Hudson River Valley
Greenway to promote the preservation, public use, and enjoyment
of the natural and cultural resources of the Hudson River
Valley region.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret for the benefit, inspiration,
and education of the people of the United States significant
places illustrative and representative of the legacy of the
Hudson River artists;
(2) to help maintain the integrity of setting in the Hudson
River Valley region that inspired artistic expression;
(3) through cooperative management, to coordinate the
interpretive, preservation, and recreational efforts of
Federal, State, and other entities in the Hudson River Valley
region in order to enhance opportunities for education, public
use, and enjoyment; and
(4) to broaden public understanding of the Hudson River
Valley region and its role in American prehistory, history, and
culture.
SEC. 4. ESTABLISHMENT OF SITE AND PARK.
(a) Thomas Cole National Historic Site.--There is established, as a
unit of the National Park System, the Thomas Cole National Historic
Site--
(1) consisting of the home and studio of Thomas Cole, which
is comprised of the 3.4 acre site and improvements on the site
that are located at 218 Spring Street, Village of Catskill,
State of New York; and
(2) as generally depicted on the map entitled ``Thomas Cole
National Historic Site Boundary Map'', and dated
________________________.
(b) Hudson River Artists National Historical Park.--
(1) Establishment.--At such time as the Secretary
determines that sufficient lands, improvements, and interests
in lands and improvements have been acquired, or at such time
as the Secretary has entered into cooperative agreements
satisfying the interpretive, preservation, and historical
objectives of this Act, the Secretary may establish the Hudson
River Artists National Historical Park in the State of New York
by publication in the Federal Register of--
(A) notice of the establishment; and
(B) a detailed description or map setting forth the
lands and improvements included in the Park.
(2) Included lands.--The Park shall consist of--
(A) the Site; and
(B) the approximately 19,471 acres of lands and
improvements on the lands that are--
(i) owned by the State of New York;
(ii) managed as the Kaaterskill Wild
Forest, North Mountain Wild Forest, Blackhead
Range Wild Forest, North/South Lake Intensive
Use Area, Rogers Island Wildlife Management
Area, and Rogers Island Overlook Scenic Area;
(iii) under the jurisdiction of the
Department of Environmental Conservation of the
State of New York; and
(iv) generally depicted on a map entitled
``Land Inventory Map, Hudson River Artists
National Historical Park'', and dated
________________________.
(c) Maps.--The maps referred to in this section shall be on file
and available for public inspection in appropriate offices of the
National Park Service of the Department of the Interior.
SEC. 5. ACQUISITION OF REAL AND PERSONAL PROPERTY AND SERVICES.
(a) Real Property.--
(1) In general.--The Secretary may acquire--
(A) by donation only, the lands and improvements
described in section 4(b)(2)(B); and
(B) such lands and improvements in Catskill, New
York, as are necessary for the management and operation
of the Site.
(2) State lands.--Lands and improvements owned by the State
of New York may be acquired by the Secretary only by transfer
at no cost to the Federal Government.
(b) Personal Property.--For the purposes of the Park, the Secretary
may acquire historic objects and artifacts and other personal property
associated with and appropriate for the interpretation of the Park.
(c) Other Property, Funds, and Services.--For the purpose of
carrying out this Act, the Secretary may--
(1) enter into cooperative agreements with--
(A) the Office of Parks, Recreation and Historic
Preservation of the State of New York;
(B) the Department of Environmental Conservation of
the State of New York; and
(C) other appropriate State, county, and local
entities and individuals, including--
(i) the Thomas Cole Foundation;
(ii) the Greene County Historical Society;
(iii) the Hudson River Valley Greenway
Council; and
(iv) other private museums and
institutions; and
(2) accept donated funds, property, and services.
SEC. 6. ADMINISTRATION OF PARK.
(a) In General.--The Secretary shall administer the Park in
accordance with--
(1) this Act; and
(2) all laws generally applicable to national historic
sites, including the Acts entitled--
(A) ``An Act to establish a National Park Service,
and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(B) ``An Act to provide for the preservation of
historic American sites, buildings, objects, and
antiquities of national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Preservation and Interpretation.--
(1) In general.--Subject to paragraph (2), in administering
the Park, the Secretary shall--
(A) preserve and interpret the Site;
(B) preserve and perpetuate knowledge and
understanding, and provide for public understanding and
enjoyment, of the lives and works of the Hudson River
artists; and
(C) provide assistance to public and private
entities in the interpretation of the Hudson River
artists, their houses and studios, and the vistas
depicted by the artists throughout the Hudson River
Valley region.
(2) State properties.--
(A) In general.--The Secretary shall take no action
with respect to the lands and structures owned by the
State of New York within the boundaries of the Park
except through cooperative agreements in accordance
with subsection (c).
(B) State forest preserve.--With regard to lands
within the State Forest Preserve, the provisions of a
cooperative agreement as described in subparagraph (A)
shall be in strict conformance with the pertinent
provisions of the Constitution of the State of New
York.
(c) Cooperative Agreements With New York and Other Entities.--
(1) In general.--
(A) In general.--To further the purposes of this
Act, the Secretary may consult with and enter into
cooperative agreements with the State of New York and
other public and private entities.
(B) Purposes of agreements.--Each agreement shall--
(i) facilitate the development,
presentation, and funding of art exhibits,
resident artist programs, and other appropriate
activities related to the preservation,
interpretation, development, and use of the
Park; and
(ii) encourage an appreciation of the
scenic and artistic tradition inspired by the
Hudson River artists.
(C) Technical assistance.--Through agreements, the
Secretary may provide technical assistance to
cooperating entities described in subparagraph (A) for
the marking, interpretation, restoration, preservation,
or interpretation of any property listed in section 4.
(D) Interpretation agreements.--The Secretary may
enter into additional cooperative agreements to plan
and coordinate the interpretation of the cultural and
natural history of the Hudson River Valley region,
which provides the context for the work of the Hudson
River artists.
(2) Library agreement.--The Secretary may enter into a
cooperative agreement with the Greene County Historical Society
to provide for the establishment of a library and research
center at the Site.
(d) General Management Plan.--
(1) In general.--Not later than the end of the second
fiscal year that begins after the establishment of the Park,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Interior
and Insular Affairs of the House of Representatives a general
management plan for the Site and the Park.
(2) Consultation.--In preparing the plan, the Secretary,
acting through the Director of the National Park Service, shall
consult with advisors (including representatives of cooperating
entities described in subsection (c)(1)(A), representatives of
local and municipal interests, nationally recognized
historians, scholars, and other experts) concerning the
interpretation, preservation, and visitation of, and other
issues pertaining to, the Park and other sites of related
historical or scenic significance in the Hudson River Valley
region.
(3) Statutory authorities.--The plan shall be prepared in
accordance with--
(A) this subsection;
(B) section 12(b) of the Act entitled ``An Act to
improve the administration of the national park system
by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other
purposes'', approved August 18, 1970 (16 U.S.C. 1a-7);
and
(C) other applicable law.
(4) Contents.--The plan shall include--
(A) recommendations and cost estimates for the
identification, marking, interpretation, and
preservation of properties and landscapes associated
with the Hudson River artists and located throughout
the Hudson River Valley region (to be carried out
through cooperative agreements and other means
considered appropriate and practicable);
(B) recommendations on ways to broaden public
understanding of the Hudson River Valley region and its
role in American prehistory, history, and culture; and
(C) recommendations on ways to foster relevant
public education, resource preservation, and
appropriate levels of regional tourism.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Hudson River Artists National Historical Park Act of 1993 - Establishes, as a unit of the National Park System, the Thomas Cole National Historic Site, New York. Authorizes the Secretary of the Interior to establish the Hudson River Artists National Historical Park, subject to specified requirements.
Specifies that: (1) the Secretary shall take no action with respect to the lands and structures owned by the State within Park boundaries except through cooperative agreements in accordance with this Act; and (2) with regard to lands within the State Forest Preserve, the provisions of such cooperative agreements shall be in strict conformance with the pertinent provisions of the New York State Constitution.
Authorizes the Secretary to: (1) provide technical assistance to cooperating entities for the marking, interpretation, restoration, preservation, or interpretation of Site property; and (2) enter into cooperative agreements to plan and coordinate the interpretation of the cultural and natural history of the region, and with the Greene County Historical Society to provide for the establishment of a library and research center at the Site.
Directs the Secretary to submit to specified congressional committees a general management plan for the Site and Park.
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 ``Pam Lychner Sexual Offender Tracking
and Identification Act of 1996''.
SEC. 2. OFFENDER REGISTRATION.
(a) Establishment of FBI Database.--Subtitle A of title XVII of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)
is amended by adding at the end the following new section:
``SEC. 170102. FBI DATABASE.
``(a) Definitions.--For purposes of this section--
``(1) the term `FBI' means the Federal Bureau of Investigation;
``(2) the terms `criminal offense against a victim who is a
minor', `sexually violent offense', `sexually violent predator',
`mental abnormality', and `predatory' have the same meanings as in
section 170101(a)(3); and
``(3) the term `minimally sufficient sexual offender
registration program' means any State sexual offender registration
program that--
``(A) requires the registration of each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1);
``(B) requires that all information gathered under such
program be transmitted to the FBI in accordance with subsection
(g) of this section;
``(C) meets the requirements for verification under section
170101(b)(3); and
``(D) requires that each person who is required to register
under subparagraph (A) shall do so for a period of not less
than 10 years beginning on the date that such person was
released from prison or placed on parole, supervised release,
or probation.
``(b) Establishment.--The Attorney General shall establish a
national database at the Federal Bureau of Investigation to track the
whereabouts and movement of--
``(1) each person who has been convicted of a criminal offense
against a victim who is a minor;
``(2) each person who has been convicted of a sexually violent
offense; and
``(3) each person who is a sexually violent predator.
``(c) Registration Requirement.--Each person described in
subsection (b) who resides in a State that has not established a
minimally sufficient sexual offender registration program shall
register a current address, fingerprints of that person, and a current
photograph of that person with the FBI for inclusion in the database
established under subsection (b) for the time period specified under
subsection (d).
``(d) Length of Registration.--A person described in subsection (b)
who is required to register under subsection (c) shall, except during
ensuing periods of incarceration, continue to comply with this
section--
``(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release, or
probation; or
``(2) for the life of the person, if that person--
``(A) has 2 or more convictions for an offense described in
subsection (b);
``(B) has been convicted of aggravated sexual abuse, as
defined in section 2241 of title 18, United States Code, or in
a comparable provision of State law; or
``(C) has been determined to be a sexually violent
predator.
``(e) Verification.--
``(1) Persons convicted of an offense against a minor or a
sexually violent offense.--In the case of a person required to
register under subsection (c), the FBI shall, during the period in
which the person is required to register under subsection (d),
verify the person's address in accordance with guidelines that
shall be promulgated by the Attorney General. Such guidelines shall
ensure that address verification is accomplished with respect to
these individuals and shall require the submission of fingerprints
and photographs of the individual.
``(2) Sexually violent predators.--Paragraph (1) shall apply to
a person described in subsection (b)(3), except that such person
must verify the registration once every 90 days after the date of
the initial release or commencement of parole of that person.
``(f) Community Notification.--
``(1) In general.--Subject to paragraph (2), the FBI may
release relevant information concerning a person required to
register under subsection (c) that is necessary to protect the
public.
``(2) Identity of victim.--In no case shall the FBI release the
identity of any victim of an offense that requires registration by
the offender with the FBI.
``(g) Notification of FBI of Changes in Residence.--
``(1) Establishment of new residence.--For purposes of this
section, a person shall be deemed to have established a new
residence during any period in which that person resides for not
less than 10 days.
``(2) Persons required to register with the fbi.--Each
establishment of a new residence, including the initial
establishment of a residence immediately following release from
prison, or placement on parole, supervised release, or probation,
by a person required to register under subsection (c) shall be
reported to the FBI not later than 10 days after that person
establishes a new residence.
``(3) Individual registration requirement.--A person required
to register under subsection (c) or under a minimally sufficient
offender registration program, including a program established
under section 170101, who changes address to a State other than the
State in which the person resided at the time of the immediately
preceding registration shall, not later than 10 days after that
person establishes a new residence, register a current address,
fingerprints, and photograph of that person, for inclusion in the
appropriate database, with--
``(A) the FBI; and
``(B) the State in which the new residence is established.
``(4) State registration requirement.--Any time any State
agency in a State with a minimally sufficient sexual offender
registration program, including a program established under section
170101, is notified of a change of address by a person required to
register under such program within or outside of such State, the
State shall notify--
``(A) the law enforcement officials of the jurisdiction to
which, and the jurisdiction from which, the person has
relocated; and
``(B) the FBI.
``(5) Verification.--
``(A) Notification of local law enforcement officials.--The
FBI shall ensure that State and local law enforcement officials
of the jurisdiction from which, and the State and local law
enforcement officials of the jurisdiction to which, a person
required to register under subsection (c) relocates are
notified of the new residence of such person.
``(B) Notification of fbi.--A State agency receiving
notification under this subsection shall notify the FBI of the
new residence of the offender.
``(C) Verification.--
``(i) State agencies.--If a State agency cannot verify
the address of or locate a person required to register with
a minimally sufficient sexual offender registration
program, including a program established under section
170101, the State shall immediately notify the FBI.
``(ii) FBI.--If the FBI cannot verify the address of or
locate a person required to register under subsection (c)
or if the FBI receives notification from a State under
clause (i), the FBI shall--
``(I) classify the person as being in violation of
the registration requirements of the national database;
and
``(II) add the name of the person to the National
Crime Information Center Wanted person file and create
a wanted persons record: Provided, That an arrest
warrant which meets the requirements for entry into the
file is issued in connection with the violation.
``(h) Fingerprints.--
``(1) FBI registration.--For each person required to register
under subsection (c), fingerprints shall be obtained and verified
by the FBI or a local law enforcement official pursuant to
regulations issued by the Attorney General.
``(2) State registration systems.--In a State that has a
minimally sufficient sexual offender registration program,
including a program established under section 170101, fingerprints
required to be registered with the FBI under this section shall be
obtained and verified in accordance with State requirements. The
State agency responsible for registration shall ensure that the
fingerprints and all other information required to be registered is
registered with the FBI.
``(i) Penalty.--A person required to register under paragraph (1),
(2), or (3) of subsection (g) who knowingly fails to comply with this
section shall--
``(1) in the case of a first offense--
``(A) if the person has been convicted of 1 offense
described in subsection (b), be fined not more than $100,000;
or
``(B) if the person has been convicted of more than 1
offense described in subsection (b), be imprisoned for up to 1
year and fined not more than $100,000; or
``(2) in the case of a second or subsequent offense, be
imprisoned for up to 10 years and fined not more than $100,000.
``(j) Release of Information.--The information collected by the FBI
under this section shall be disclosed by the FBI--
``(1) to Federal, State, and local criminal justice agencies
for--
``(A) law enforcement purposes; and
``(B) community notification in accordance with section
170101(d)(3); and
``(2) to Federal, State, and local governmental agencies
responsible for conducting employment-related background checks
under section 3 of the National Child Protection Act of 1993 (42
U.S.C. 5119a).
``(k) Notification Upon Release.--Any State not having established
a program described in section 170102(a)(3) must--
``(1) upon release from prison, or placement on parole,
supervised release, or probation, notify each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1) of their duty to register with the FBI; and
``(2) notify the FBI of the release of each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1).''.
SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.
Section 170101(b)(6) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to read as
follows:
``(6) Length of registration.--A person required to register
under subsection (a)(1) shall continue to comply with this section,
except during ensuing periods of incarceration, until--
``(A) 10 years have elapsed since the person was released
from prison or placed on parole, supervised release, or
probation; or
``(B) for the life of that person if that person--
``(i) has 1 or more prior convictions for an offense
described in subsection (a)(1)(A); or
``(ii) has been convicted of an aggravated offense
described in subsection (a)(1)(A); or
``(iii) has been determined to be a sexually violent
predator pursuant to subsection (a)(2).''.
SEC. 4. STATE BOARDS.
Section 170101(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by inserting
before the period at the end the following: ``, victim rights
advocates, and representatives from law enforcement agencies''.
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071) is amended by adding at the end the following
new subsection:
``(g) Fingerprints.--Each requirement to register under this
section shall be deemed to also require the submission of a set of
fingerprints of the person required to register, obtained in accordance
with regulations prescribed by the Attorney General under section
170102(h).''.
SEC. 6. VERIFICATION.
Section 170101(b)(3)(A)(iii) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended by
adding at the end the following: ``The person shall include with the
verification form, fingerprints and a photograph of that person.''.
SEC. 7. REGISTRATION INFORMATION.
Section 170101(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is amended to read as
follows:
``(2) Transfer of information to state and the fbi.--The
officer, or in the case of a person placed on probation, the court,
shall, within 3 days after receipt of information described in
paragraph (1), forward it to a designated State law enforcement
agency. The State law enforcement agency shall immediately enter
the information into the appropriate State law enforcement record
system and notify the appropriate law enforcement agency having
jurisdiction where the person expects to reside. The State law
enforcement agency shall also immediately transmit all information
described in paragraph (1) to the Federal Bureau of Investigation
for inclusion in the FBI database described in section 170102.''.
SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT.
State and Federal law enforcement agencies, employees of State and
Federal law enforcement agencies, and State and Federal officials shall
be immune from liability for good faith conduct under section 170102.
SEC. 9. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall issue regulations to carry out this Act and the
amendments made by this Act.
SEC. 10. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
become effective 1 year after the date of enactment of this Act.
(b) Compliance by States.--Each State shall implement the
amendments made by sections 3, 4, 5, 6, and 7 of this Act not later
than 3 years after the date of enactment of this Act, except that the
Attorney General may grant an additional 2 years to a State that is
making good faith efforts to implement such amendments.
(c) Ineligibility for Funds.--
(1) A State that fails to implement the program as described in
sections 3, 4, 5, 6, and 7 of this Act shall not receive 10 percent
of the funds that would otherwise be allocated to the State under
section 506 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756).
(2) Any funds that are not allocated for failure to comply with
section 3, 4, 5, 6, or 7 of this Act shall be reallocated to States
that comply with these sections.
SEC. 11. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Pam Lychner Sexual Offender Tracking and Identification Act of 1996 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (the Act) to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track each person who: (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator.
Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration: (1) until ten years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or (2) for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator.
Sets forth provisions regarding: (1) verification procedures; (2) notification of the FBI of changes in residence; (3) release of information by the FBI; and (4) penalties for knowingly failing to register.
Requires disclosure of the information collected by the FBI to Federal, State, and local: (1) criminal justice agencies for law enforcement and community notification purposes; and (2) governmental agencies responsible for conducting employment-related background checks under the National Child Protection Act.
Requires any State not having established a program under the Act to notify: (1) specified sexually violent offenders of their duty to register with the FBI upon release from prison, or placement on parole, supervised release, or probation; and (2) the FBI of the release of such offenders.
(Sec. 3) Amends the Act to: (1) mandate that a person required to register continue to comply with requirements of the Act, except during ensuing periods of incarceration, until ten years after release, or for life under specified circumstances; (2) include victim rights advocates and representatives from law enforcement agencies (LEAs) on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification fingerprints and a photograph.
(Sec. 7) Modifies the Act to require the State LEA to transmit specified information, including identifying factors, anticipated future residence, offense history, and treatment received for the person's mental abnormality or personality disorder, to the FBI for inclusion in its database. (Current law only requires transmission of conviction data and fingerprints.)
(Sec. 8) Makes: (1) State and Federal LEAs, their employees, and State and Federal officials immune from liability for good faith conduct regarding the database; and (2) States failing to implement the program described in this Act ineligible to receive ten percent of funds that would otherwise be allocated to them under the Omnibus Crime Control and Safe Streets Act of 1968. |
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 ``Mobility for Work Act of 1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to--
(1) improve the employment rates and earnings of residents
of central cities by improving the access of the residents to
areas of high job growth;
(2) meet the labor needs of employers in suburban locations
during periods of economic growth and build permanent
attachments between workers and jobs; and
(3) test differing approaches to achieving the purposes
described in paragraphs (1) and (2) and determine the effects
of the approaches.
SEC. 3. MOBILITY FOR WORK DEMONSTRATION GRANTS.
(a) Definitions.--As used in this section:
(1) Area of high job growth.--The term ``area of high job
growth'' means an area, within a Primary Metropolitan
Statistical Area, that has averaged, during the 3 years
preceding the date on which the determination regarding the
area is made, a higher percentage increase in the number of
jobs, as measured by the Bureau of Labor Statistics or a
comparable State agency, than the Primary Metropolitan
Statistical Area as a whole.
(2) Central city.--The term ``central city'' means a
central city, as defined by the Bureau of the Census as of the
date of enactment of this Act.
(3) Community-based organization.--The term ``community-
based organization'' means an entity described in section 4(5)
of the Job Training Partnership Act (29 U.S.C. 1503(5)).
(4) Eligible metropolitan area.--The term ``eligible
metropolitan area'' means an area--
(A) that is a Primary Metropolitan Statistical
Area; and
(B) in which the job growth outside of central
cities accounted for 75 percent or more of total job
growth in the Primary Metropolitan Statistical Area
over the most recent 10-year period for which data are
available.
(5) Primary metropolitan statistical area.--The term
``Primary Metropolitan Statistical Area'' means a Primary
Metropolitan Statistical Area, as defined by the Bureau of the
Census as of the date of enactment of this Act.
(6) Suburban job location.--The term ``suburban job
location'' means a job location that--
(A) is in an area of high job growth; and
(B) is not in a central city.
(b) Establishment of Program.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of Transportation and the Secretary of
Housing and Urban Development, shall establish a Mobility for
Work Demonstration Program to evaluate the effects of assisting
residents of a central city within an eligible metropolitan
area to commute to job locations, especially suburban job
locations, within the metropolitan area.
(2) Grants authorized.--The Secretary of Labor, in
consultation with the Secretary of Transportation and the
Secretary of Housing and Urban Development, shall make grants
through the Mobility for Work Demonstration Program to not more
than six entities to carry out demonstration projects in
eligible metropolitan areas, utilizing the program models
described in subsection (d).
(3) Peer review panel.--
(A) In general.--The Secretary of Labor, in
consultation with the Secretary of Transportation and
the Secretary of Housing and Urban Development, shall
establish a peer review panel.
(B) Experience.--The panel shall be comprised of
individuals with experience in designing or
implementing successful programs to improve mobility
for work.
(C) Composition.--The panel shall include at least
one representative from each of the following:
(i) A local or regional transportation
authority.
(ii) A community-based organization that
has organized such a program.
(iii) A local or regional government.
(iv) A nonprofit organization that has
helped design or evaluate such a program.
(D) Duties.--The panel shall conduct an initial
review of, and make recommendations to the Secretary of
Labor regarding, applications submitted under
subsection (c). The panel shall recommend to the
Secretary of Labor and the Secretary of Transportation
a design for the evaluation described in subsection
(e).
(c) Application and Approval Criteria.--To be eligible to receive a
grant under this section to carry out a demonstration project, an
entity shall submit an application to the Secretary of Labor at such
time, in such manner, and containing such information as the Secretary
of Labor, in consultation with the Secretary of Transportation and the
Secretary of Housing and Urban Development, may require, including
information demonstrating that--
(1) the applicant will use one of the three program models
described in subsection (d) to carry out the project;
(2) the applicant will establish data collection procedures
that will be sufficient to enable the Secretary of Labor, in
consultation with the Secretary of Transportation, to conduct
an evaluation in accordance with subsection (e); and
(3) the applicant has the capability to carry out the
project adequately and to meet such other criteria as the
Secretary of Labor may prescribe.
(d) Program Models.--In making grants to entities to carry out
demonstration projects under this section, the Secretary of Labor, in
consultation with the Secretary of Transportation and the Secretary of
Housing and Urban Development shall make grants to entities that agree
to use one of the program models described in paragraphs (1), (2), and
(3), and shall make at least one grant to an entity that agrees to use
each of the following program models:
(1) Adding transportation services to existing job training
and placement programs.--Under this model an entity shall
supplement job training and placement programs that are in
existence on the date of the submission of the applicable
application by increasing the access of residents of a central
city in an eligible metropolitan area to job locations in areas
of high job growth in the metropolitan area. The entity shall
increase such access through the establishment of new
transportation services that are designed to--
(A) transport the residents to the locations, such
as van service provided between--
(i) the central city; and
(ii) business parks or major employers in
such locations,
by a public agency, a private entity, or a community-
based organization;
(B) provide transportation counseling and
assistance (such as services to promote the creation of
carpools or provide education on public transit routes)
to the residents to supplement counseling on job search
and workplace conduct provided through the job training
and placement programs; or
(C) provide a direct subsidy of public transit
fares or private automobile expenses for low-income
residents of central cities.
(2) Improving public transit systems to facilitate access
to areas of high job growth.--
(A) In general.--Under this model an entity shall--
(i) work with the relevant public transit
operator or agency to modify public transit
routes and schedules, in order to increase the
access of residents described in paragraph (1)
to job locations described in paragraph (1),
through public transit services such as--
(I) express bus service to business
parks in such locations at times
coinciding with shift changes; or
(II) new connecting services to
fill gaps in transportation service
that impede commuting from central
cities to such job locations; or
(ii) reimburse public transit operators for
the costs of providing reduced fare programs to
increase such access.
(B) Employer contributions.--An entity carrying out
a demonstration project in accordance with subparagraph
(A)(i) may request that employers of the residents
described in such subparagraph contribute to the costs
of implementing the transit services described in such
subparagraph.
(3) Establishing regional coalitions to improve central
city access to jobs.--
(A) Coalition.--Under this model an entity shall
establish a regional coalition, which may include
neighborhood organizations, employers, employer
associations, transportation providers, and similar
entities, to implement comprehensive strategies to
improve the access of low-income residents of a central
city in an eligible metropolitan area to job locations
within the metropolitan area.
(B) Services.--The entity shall identify
transportation barriers between central cities and such
job locations and shall address the barriers through--
(i) modifications in job training and
placement services;
(ii) the provision of support services such
as child care; and
(iii) the provision of transportation
services.
(C) Area.--The entity shall attempt to link job
training and placement program participants with job
opportunities throughout as much of the eligible
metropolitan area as is practicable.
(e) Evaluation.--The Secretary of Labor, in consultation with the
Secretary of Transportation, shall conduct a thorough evaluation of the
demonstration projects established under this section, which evaluation
shall include an assessment--
(1) with respect to entities establishing transportation
services to supplement job training and placement programs in
accordance with subsection (d)(1), the effect of the addition
of such transportation services on employment rates, job
retention, and earnings among residents of the area in which
the demonstration project is conducted;
(2) with respect to entities improving public transit
systems in accordance with subsection (d)(2), the effect of the
improvements on such employment rates, job retention, and
earnings; and
(3) with respect to entities establishing regional
coalitions and implementing comprehensive strategies in
accordance with subsection (d)(3), the effects of such
strategies on such employment rates, job retention, and
earnings.
(f) Other Funding Sources.--Nothing in this section shall be
construed to prevent an entity that receives a grant under this section
to carry out a demonstration project from receiving funds to carry out
the project from other sources to supplement the funds made available
through the grant.
(g) Authorization of Funds.--There are authorized to be
appropriated to carry out this section $15,000,000 for fiscal year
1994, and such sums as may be necessary for each of the fiscal years
1995 through 1998. | Mobility for Work Act of 1993 - Directs the Secretary of Labor to establish a Mobility for Work Demonstration Program to evaluate the effects of assisting residents of central cities to commute to job locations, especially in the suburbs, within the metropolitan area.
Authorizes grants to up to six entities through such Program to carry out demonstration projects in eligible metropolitan areas, using specified program models. Requires a peer review panel to review applications.
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 ``Fairness for Americans in Internal
Revenue Refunds Act''.
SEC. 2. PREVENTION OF CLAIMS OF EARNED INCOME TAX CREDIT BY INDIVIDUALS
RECEIVING WORK AUTHORIZATIONS PURSUANT TO DEFERRED ACTION
PROGRAMS.
(a) In General.--Section 32(m) of the Internal Revenue Code of 1986
is amended--
(1) by striking ``Solely for purposes of'' and inserting
the following:
``(1) In general.--Solely for purposes of'', and
(2) by striking ``a social security number issued to an
individual'' and all that follows and inserting ``a specified
social security number.'', and
(3) by adding at the end the following new paragraphs:
``(2) Specified social security number.--For purposes of
this section--
``(A) In general.--The term `specified social
security number' means a social security number issued
to an individual by the Social Security Administration.
``(B) Exceptions.--Such term shall not include--
``(i) any social security number issued
pursuant to subclause (II) (or that portion of
subclause (III) that relates to subclause (II))
of section 205(c)(2)(B)(i) of the Social
Security Act, and
``(ii) any social security number issued
pursuant to a work authorization obtained
pursuant to--
``(I) the memorandum of the
Secretary of Homeland Security dated
June 15, 2012, and entitled `Exercising
Prosecutorial Discretion with Respect
to Individuals Who Came to the United
States as Children',
``(II) the memorandum of the
Secretary of Homeland Security dated
November 20, 2014, and entitled
`Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to
the United States as Children and with
Respect to Certain Individuals Who Are
the Parents of U.S. Citizens or
Permanent Residents', or
``(III) any other program not
specifically established by law which
provides a class of individuals not
otherwise legally present in the United
States deferred action on removal.
``(C) Special rules with respect to certain
beneficiaries of deferred action.--
``(i) Treatment upon grant of
citizenship.--A social security number
otherwise described in subparagraph (B)(ii)
shall cease to be treated as issued pursuant to
a work authorization described in such
subparagraph if, and only if, the individual to
whom such social security number is issued
becomes a citizen of the United States.
``(ii) No retroactive effect upon grant of
citizenship.--In the case of a social security
number to which clause (i) applies, such social
security number shall be treated as a specified
social security number only to the extent that
such number is included on returns of tax which
relate to taxable years ending after the date
on which such individual becomes a citizen of
the United States.''.
(b) Coordination With Department of Homeland Security and Social
Security Administration.--
(1) Department of homeland security.--The Secretary of
Homeland Security shall--
(A) ensure that the Commissioner of Social Security
receives sufficient information in a timely manner to
determine that a social security account number
described in section 32(m)(2)(B)(ii) of the Internal
Revenue Code of 1986 is being issued pursuant to a
program referred to in such section;
(B) ensure that any document issued to an
individual under such a program, including any document
attesting to the individual's authorization for
employment and any document attesting to the deferral
of action on any removal of that individual, has a
notation that the individual was provided such document
pursuant to such a program; and
(C) take all other appropriate actions to
coordinate with the Secretary of the Treasury and the
Commissioner of Social Security in carrying out section
32(m) of the Internal Revenue Code of 1986 and this
paragraph.
(2) Social security administration.--Section 205(c)(2) of
the Social Security Act (42 U.S.C. 405(c)(2)) is amended by
adding at the end the following new subparagraph:
``(I) The Commissioner of Social Security shall--
``(i) maintain a record of all social
security account numbers described in section
32(m)(2)(B)(ii) of the Internal Revenue Code of
1986 and the names of the individuals to whom
such numbers were issued;
``(ii) in any case in which a social
security account number so described would be
disclosed by the Commissioner to the Secretary
of the Treasury or to the Commissioner of the
Internal Revenue Service, identify such number
as being so described; and
``(iii) take all other appropriate actions
to coordinate with the Secretary of the
Treasury and the Secretary of Homeland Security
in carrying out section 32(m) of the Internal
Revenue Code of 1986 and section 2(b)(1) of the
Fairness for Americans in Internal Revenue
Refunds Act.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to any return of tax, and any amendment or supplement to any
return of tax, which is filed after the date of the enactment of this
Act. | Fairness for Americans in Internal Revenue Refunds Act This bill amends the Internal Revenue Code to prevent a taxpayer whose social security number was issued for purposes of granting a work authorization under a deferred action on removal program from claiming an earned income tax credit using such social security number. The bill directs: (1) the Department of Homeland Security to place a notation on employment authorization cards that the holder of such card has received it under a deferred action on removal program, and (2) the Social Security Administration to maintain a record of all social security account numbers issued to individuals under a deferred action on removal program. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Substitute Teaching Improvement
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) As much as one full year of a child's elementary and
secondary education is taught by substitute teachers.
(2) Less than one in four school districts provide training
for substitute teachers.
(3) No training is given to substitute teachers in 77
percent of school districts in the United States.
(4) Over half (56 percent) of school districts never have a
face-to-face interview with substitute teaching candidates.
(5) Poorly trained substitute teachers have a negative
impact on student academic performance and achievement.
(6) Schools with high concentrations of disadvantaged
populations are more likely to be taught by less qualified
permanent teachers and under-prepared substitute teachers.
(7) Nine out of the ten lowest-ranked States in National
Assessment of Educational Progress (NAEP) testing allowed
substitute teachers with only a high school diploma to teach in
their schools.
(8) In fact, in 28 States, principals may hire anyone with
a high school diploma or a general equivalency diploma (GED)
who is age 18 years of age or older.
(9) Schools with lower academic achievement are twice as
likely to allow less qualified substitutes in the classroom.
(10) On any given day in the United States, more than
270,000 classes are taught by substitute teachers.
(11) Formal training of substitute teachers has been shown
to improve the quality of education, lower school district
liability, reduce the number of student and faculty complaints,
and increase retention rates of substitute teachers.
SEC. 3. ESTABLISHING A PROGRAM TO INCREASE THE EFFECTIVENESS OF
SUBSTITUTE TEACHING.
(a) In General.--The Secretary of Education is authorized to make
competitive demonstration grants to eligible local educational agencies
for the purposes of--
(1) increasing the effectiveness of substitute teaching
through a comprehensive training program for substitute
teachers, principals, permanent classroom teachers, and
district managers of substitute teachers; and
(2) evaluating the effectiveness of the program.
(b) Eligible Local Educational Agency.--In this Act, the term
``eligible local educational agency'' means--
(1) a high-need local educational agency; or
(2) a partnership of a high-need local educational agency
and an institution of higher education, or non-profit education
organization.
SEC. 4. USE OF FUNDS.
A local educational agency that receives a grant under section 3
shall use the funds made available through the grant--
(1) to train substitute teachers in--
(A) classroom management;
(B) effective teaching strategies that address a
variety of student learning needs and styles;
(C) teacher professionalism; and
(D) educational laws and issues;
(2) to train principals and permanent teachers in
effectively integrating substitute teachers in school
operations, such as--
(A) best practices in recruiting and retaining
substitutes;
(B) best practices in preparing students for
substitutes;
(C) proper planning and follow-up for substitutes;
and
(D) use of permanent substitutes;
(3) to develop a resource kit for substitute teachers that
contains--
(A) short whole-class critical thinking activities;
(B) independent student activities; and
(C) teacher-directed activities and lessons
organized by subject matter; and
(4) to collect data on substitute teachers and the
practices for managing substitute teachers in participating
districts, including information on the--
(A) demand for substitute teachers;
(B) qualifications of substitute teachers;
(C) number and percentage of substitute teachers
that receive some form of training prior to entering
the classroom; and
(D) number of complaints registered against
substitute teachers.
SEC. 5. RESEARCH AND REPORTS.
(a) Study on Substitute Teaching.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Education shall
commission a national independent evaluation of the prevalence of
substitute teaching and current State and local efforts to improve the
effectiveness of substitute teaching and their impact on student
achievement. The Secretary shall report the findings of the evaluation
to the Congress not later than two years after the date on which the
study is commissioned.
(b) Impact of Funded Programs.--Not later than 1 year after the
date on which the last demonstration grant made under section 3
expires, the Secretary of Education shall submit a report to the
Congress describing the impact on student achievement of programs
funded under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,000,000 for fiscal year 2008 and such sums as may be necessary for
fiscal years 2009 through 2012. | Substitute Teaching Improvement Act - Authorizes the Secretary of Education to award competitive demonstration grants to high-need local educational agencies (LEAs) or partnerships between such LEAs and institutions of higher education or nonprofit education organizations for the establishment of comprehensive training programs to increase the effectiveness of substitute teaching.
Requires LEAs to use such grants to: (1) train substitute teachers; (2) train principals and permanent teachers in effectively integrating substitute teachers into school operations; (3) develop a resource kit for substitute teachers; and (4) collect data on substitute teachers and practices for managing substitute teachers in participating districts.
Directs the Secretary to commission an independent evaluation of the prevalence of substitute teaching and current state and local efforts to improve its effectiveness. |
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 ``Kendell Frederick Citizenship
Assistance Act''.
SEC. 2. FINGERPRINTS FOR MEMBERS OF ARMED FORCES.
(a) In General.--Notwithstanding any other provision of law,
including section 552a of title 5, United States Code (commonly
referred to as the ``Privacy Act of 1974''), the Secretary of Homeland
Security shall use the fingerprints provided by an individual at the
time the individual enlisted in the Armed Forces to satisfy any
requirement for fingerprints that is part of an application for
naturalization if--
(1) the individual may be naturalized pursuant to section
328 or 329 of the Immigration and Nationality Act (8 U.S.C.
1439-1440);
(2) the individual was fingerprinted in accordance with the
requirements of the Department of Defense at the time the
individual enlisted in the Armed Forces;
(3) the individual submits an application for
naturalization not later than 24 months after the date on which
the individual enlisted in the Armed Forces; and
(4) the Secretary of Homeland Security determines that the
fingerprints are sufficient to adjudicate the applicant's
naturalization application.
(b) Most Timely and Effective Adjudication.--Nothing in this
section shall preclude an individual described in subsection (a) from
submitting new fingerprints to the Secretary of Homeland Security. If
the Secretary of Homeland Security determines that submitting new
fingerprints would result in more timely and effective adjudication of
the individual's naturalization application, the Secretary shall inform
the individual that submitting new fingerprints would result in more
timely and effective adjudication of the individual's naturalization
application, along with a description of how to submit new
fingerprints.
(c) Cooperation.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall determine the format
of fingerprints acceptable for usage under subsection (a). The
Secretary of Defense, or any other official having custody of the
fingerprints referred to in subsection (a), shall make such prints
available to the Secretary of Homeland Security for the purpose
described in subsection (a) without charge and shall otherwise
cooperate with the Secretary of Homeland Security in fulfilling the
Secretary's satisfaction of the requirement under subsection (a).
SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION.
(a) In General.--Not later than 30 days after the effective date of
any modification to a regulation related to naturalization under
section 328 or 329 of the Immigration and Nationality Act (8 U.S.C.
1439-1440), the Secretary of Homeland Security shall update as
necessary the appropriate Internet site or sites maintained by the
Secretary to reflect such modification.
(b) Sense of Congress.--It is the sense of the Congress that the
Secretary of Homeland Security should update as necessary the
appropriate application form or forms promulgated by the Secretary not
later than 180 days after an effective date described in subsection
(a).
SEC. 4. REPORTS.
(a) Adjudication Process.--Not later than 120 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees a
report on the entire process for the adjudication of an application for
naturalization filed pursuant to section 328 or 329 of the Immigration
and Nationality Act (8 U.S.C. 1439-1440), including the process that
begins at the time the application is mailed to, or received by, the
Secretary of Homeland Security, regardless of whether the Secretary
determines that such application is complete, through the final
disposition of such application. Such report shall include a
description of--
(1) the methods of the Secretary of Homeland Security and
the Secretary of Defense to prepare, handle, and adjudicate
such applications;
(2) the effectiveness of the chain of authority,
supervision, and training of employees of the Federal
Government or of other entities, including contract employees,
who have any role in such process or adjudication; and
(3) the ability of the Secretary of Homeland Security and
the Secretary of Defense to use technology to facilitate or
accomplish any aspect of such process or adjudication.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this Act by the
Secretary of Homeland Security and the Secretary of Defense,
including studying any technology that may be used to improve
the efficiency of the naturalization process for members of the
Armed Forces.
(2) Report.--Not later than 180 days after the date that
the Comptroller General submits the report required by
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees a report on the study
required by paragraph (1). The report shall include any
recommendations of the Comptroller General for improving the
implementation of this Act by the Secretary of Homeland
Security or the Secretary of Defense.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.
Passed the House of Representatives November 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Kendell Frederick Citizenship Assistance Act - Directs the Secretary of Homeland Security (Secretary) to use the fingerprints provided by an individual at the time of military enlistment to satisfy any naturalization fingerprint requirements if: (1) the individual may be naturalized under the Immigration and Nationality Act; (2) the individual was fingerprinted in accordance with Department of Defense (DOD) requirements; (3) the individual submits a naturalization application within 24 months of enlistment; and (4) the Secretary determines that the fingerprints are sufficient to adjudicate the naturalization application.
Directs the Secretary to inform military naturalization applicants of their choice to provide new fingerprints if such submission would result in more timely and effective naturalization adjudication.
Provides for cooperation between the Secretary and the Secretary of Defense to determine an appropriate fingerprint format.
Directs the Secretary to update Department of Homeland Security (DHS) websites within 30 days of any change in naturalization law or regulation affecting members of the Armed Forces.
Directs the Comptroller General to: (1) report to the congressional defense and judiciary committees on the naturalization application process for members of the Armed Forces; and (2) conduct a study of this Act's implementation by the Secretaries of Homeland Security and Defense. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. REMEDIATION WASTE MANAGEMENT IMPROVEMENT.
(a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903) is amended by adding at the end the following:
``(42) Compliance authority.--The term `compliance
authority' means the authority to issue, enter into, approve,
enforce, and ensure compliance with a remedial action plan.
``(43) Nonprogram state.--The term `nonprogram State' means
a State other than a program State.
``(44) Originating state.--The term `originating State'
means a State in which remediation waste is generated under a
remedial action plan.
``(45) Program state.--The term `program State' means a
State that has a State remediation waste management program
authorized under section 3006(i).
``(46) Remedial action plan.--The term `remedial action
plan' means a document or portion of a document (including, but
not limited to, an order, permit, or agreement) that--
``(A) is issued, entered into, or approved by the
Administrator or a program State;
``(B) ensures that the management of the
remediation waste is performed in a manner that is
protective of human health and the environment by
specifying--
``(i) the remediation waste that is the
subject of the document;
``(ii) the manner in which the remediation
waste will be managed;
``(iii) the methods of remediation; and
``(iv) the schedule for implementation; and
``(C) has been the subject of appropriate public
notice and comment; and
``(D) provides for the exercise of compliance
authority in accordance with section 3001(j)(1) and, in
the case of a plan over any portion of which any other
entity (a State or the Administrator) other than the
entity that issued or entered into the plan is to
exercise compliance authority, has the concurrence of
the other entity for the portion of the plan for which
the other entity has compliance authority, except that
nothing in this subparagraph applies to remediation
waste that is managed in accordance with subtitle C.
``(47) Remediation waste.--The term `remediation waste'
means a solid waste or any medium (including ground water,
surface water, soil, and sediment) generated during
implementation of a remedial action plan that--
``(A) is, or is derived from, a listed hazardous
waste;
``(B) contains or is mixed with a listed hazardous
waste; or
``(C) exhibits a characteristic of a hazardous
waste.''.
(b) Identification and Listing.--Section 3001 of the Solid Waste
Disposal Act (42 U.S.C. 6921) is amended by adding at the end the
following:
``(j) Remediation Waste.--
``(1) Compliance authority.--
``(A) Program states.--Except as provided in
section 3008, a program State shall exercise compliance
authority with respect to a remedial action plan
insofar as the remedial action plan describes the
management of remediation waste in the program State.
``(B) Nonprogram states.--The Administrator shall
exercise compliance authority with respect to a
remedial action plan insofar as the remedial action
plan describes the management of remediation waste in a
nonprogram State.
``(C) Remediation waste managed interstate.--With
respect to the management of remediation waste under a
remedial action plan that provides that part of the
management will be performed in another State other
than the originating State--
``(i) if the other State is a program
State, the program State shall exercise
compliance authority with respect to the
portions of the remedial action plan describing
the management of remediation waste in the
other State; or
``(ii) if the other State is a nonprogram
State, the Administrator shall exercise
compliance authority with respect to the
portions of the remedial action plan describing
the management of remediation waste in the
other State.
``(2) Conditional exclusion.--Notwithstanding any other
provision of this subtitle, remediation waste that is managed
under a remedial action plan shall not to be a hazardous waste
for purposes of this subtitle.''.
(c) Authorized State Hazardous Waste Remediation Programs.--Section
3006 of the Solid Waste Disposal Act (42 U.S.C. 6926) is amended by
adding at the end the following:
``(i) Authorized State Remediation Waste Management Programs.--
``(1) States with authorized hazardous waste programs.--
``(A) Certification.--A State that has a hazardous
waste program authorized under subsection (b) may
submit to the Administrator a certification, supported
by such documentation as the State considers to be
appropriate, demonstrating that the State has--
``(i) statutory and regulatory authority
(including appropriate enforcement authority)
to control the management of remediation waste
from generation to final disposal in a manner
that is protective of human health and the
environment;
``(ii) resources in place to administer and
enforce the authorities; and
``(iii) procedures to ensure public notice
and opportunity for comment on remedial action
plans submitted to the State.
``(B) Interim authorization.--Subject to
subparagraph (C)(iii), beginning 60 days after
submission of a certification under subparagraph (A),
the State may proceed to carry out the remediation
waste management program of the State until the
Administrator issues a final determination under
subparagraph (C).
``(C) Determination.--
``(i) In general.--Not later than 18 months
after the date on which a State submits to the
Administrator a certification under
subparagraph (A), after public notice and
opportunity for comment, the Administrator
shall issue to the State and publish in the
Federal Register a determination that--
``(I) the certification meets all
of the criteria stated in subparagraph
(A), and the State has final
authorization to carry out the
remediation waste management program of
the State; or
``(II) the certification fails to
meet 1 or more of the criteria stated
in subparagraph (A), stating with
particularity the elements of the State
program that are considered to be
deficient, and that the deficiency
would be likely to result in a State
remediation waste management program
that is not protective of human health
and the environment.
``(ii) Default.--
``(I) In general.--Except as
provided in subclause (II), if the
Administrator does not issue a
determination under clause (i) within
18 months after the date on which a
State submits to the Administrator a
certification under subparagraph (A),
the certification shall be considered
to meet all of the criteria stated in
subparagraph (A), and the State shall
have final authorization to carry out
the remediation waste management
program of the State.
``(II) Withdrawal of
authorization.--If the Administrator
subsequently withdraws authorization
for a State remediation waste program
in accordance with subsection (e), the
Administrator shall ensure completion
of any ongoing remedial action plan.
``(iii) Preliminary determination.--If the
Administrator determines that--
``(I) on preliminary review, it
appears that it will likely be
determined after notice and comment
that a certification fails to meet 1 or
more of the criteria stated in
subparagraph (A); and
``(II) injury to human health or
the environment would likely result
from interim implementation of the
State remediation waste management
program under subparagraph (B),
the Administrator may issue a preliminary
determination to the State, and the State shall
not have interim authorization under
subparagraph (B).
``(2) States without authorized hazardous waste programs.--
``(A) Certification.--A State that does not have a
hazardous waste program authorized under subsection (b)
may submit to the Administrator a certification,
supported by such documentation as the State considers
to be appropriate, demonstrating that the State has--
``(i) statutory and regulatory authority
(including appropriate enforcement authority)
to control the management of remediation waste
from generation to final disposal in a manner
that is protective of human health and the
environment;
``(ii) resources in place to administer and
enforce the authorities; and
``(iii) procedures to ensure public notice
and opportunity for comment on remedial action
plans submitted to the State.
``(B) Interim authorization.--Beginning 1 year
after a certification under subparagraph (A), the State
may proceed to carry out the remediation waste
management program of the State until the Administrator
issues a determination under subparagraph (C).
``(C) Determination.--
``(i) In general.--Not later than 2 years
after the date on which a State submits to the
Administrator a certification under
subparagraph (A), after public notice and
opportunity for comment, the Administrator
shall issue to the State and publish in the
Federal Register a determination that--
``(I) the certification meets all
of the criteria stated in subparagraph
(A), and the State has final
authorization to carry out the
remediation waste management program of
the State; or
``(II) the certification fails to
meet 1 or more of the criteria stated
in subparagraph (A), stating with
particularity the elements of the State
program that are considered to be
deficient.
``(ii) Default.--
``(I) In general.--Except as
provided in subclause (II), if the
Administrator does not issue a
determination under clause (i) within 2
years after the date on which a State
submits to the Administrator a
certification under subparagraph (A),
the certification shall be considered
to meet all of the criteria stated in
subparagraph (A), and the State shall
have final authorization to carry out
the remediation waste management
program of the State.
``(II) Withdrawal of authority.--If
the Administrator subsequently
withdraws authorization for a State
remediation waste management program in
accordance with subsection (e), the
Administrator shall ensure completion
of any ongoing remedial action plan.''.
(d) Enforcement.--Section 3008(a) of the Solid Waste Disposal Act
(42 U.S.C. 6928(a))) is amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''; and
(B) by inserting after ``subtitle'' the following:
``or any requirement contained in a remedial action
plan issued or entered into by the Administrator or
with respect to which the Administrator exercises
compliance authority under section 3001(j)'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Remediation waste.--
``(A) Notice of violation.--Notwithstanding any
other provision of this section, if, on the basis of
any information, the Administrator determines that a
person has violated or is in violation of any
requirement for the management of remediation waste
contained in a remedial action plan implemented under a
State remediation waste management program authorized
under section 3006(i), the Administrator shall provide
notice to the State in which the violation occurred or
is occurring prior to commencing any action to require
compliance with the requirements of the remedial action
plan.
``(B) Compliance order.--If, after the 30th day
after the Administrator issues a notice of violation
under subparagraph (A), a State has not taken
appropriate action to require compliance with
requirements of the remedial action plan, the
Administrator may issue an order or commence an action
under paragraph (1) to enforce the remediation waste
management requirements of the remedial action plan.''.
(e) Release, Detection, Prevention, and Correction.--Section 9003
of the Solid Waste Disposal Act (42 U.S.C. 6991b) is amended by adding
at the end the following:
``(i) Petroleum-Contaminated Media and Debris.--Petroleum-
contaminated media and debris that fail the test for toxicity
characteristics due to organics issued by the Administrator under
section 3001, and are subject to corrective action under this section,
shall not be considered to be hazardous waste for purposes of subtitle
C.''. | Amends the Solid Waste Disposal Act to define "remediation waste" as a solid waste or any medium generated during implementation of a remedial action plan (RAP) (a document issued, entered into, or approved by the Administrator of the Environmental Protection Agency (EPA) or a program State, as defined in this Act, to ensure that such waste is managed in a manner protective of human health and the environment). Directs a State that has a remediation waste management program authorized under this Act (a "program State") to exercise compliance with respect to a RAP in the program State. Directs the Administrator to exercise such authority with respect to a plan in a nonprogram State. Provides a rule for the management of remediation waste where a RAP provides for management of such waste in a State other than the State in which it is generated.
Allows a State with a hazardous waste program authorized under the Act to obtain interim authorization to carry out its remediation waste management program after certifying to the Administrator that the State has the authority to control the management of remediation waste in a manner that is protective of human health and the environment, resources to administer and enforce such authority, and procedures to ensure public notice and opportunity for comment on RAPs submitted to the State. Provides for issuance of final authorization of the State's program by the Administrator not later than 18 months after it submits a certification. Provides a similar, but more extended procedure for remediation waste management programs of States without authorized hazardous waste programs.
Provides for issuance by the Administrator of compliance orders for violations of RAP requirements, but requires notice to a State by the Administrator of violations of remedial waste management requirements contained in a RAP before commencing action to enforce compliance. Allows the Administrator to issue an order or commence an enforcement action if after 30 days the State does not take appropriate action to require compliance with RAP requirements.
Excepts from hazardous waste classification petroleum-contaminated media and debris that fail the test for toxicity characteristics due to organics issued by the Administrator under hazardous waste identification and listing provisions and that are subject to corrective action under the underground storage tank provisions. |
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 ``Encouraging Work Act of 2005''.
SEC. 2. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK
CREDIT.
(a) Credit Made Permanent.--
(1) Subsection (c) of section 51 of the Internal Revenue
Code of 1986 is amended by striking paragraph (4) (relating to
termination).
(2) Section 51A of such Code is amended by striking
subsection (f).
(b) Eligibility of Ex-Felons Determined Without Regard to Family
Income.--Paragraph (4) of section 51(d) of such Code is amended by
adding ``and'' at the end of subparagraph (A), by striking ``, and'' at
the end of subparagraph (B) and inserting a period, and by striking all
that follows subparagraph (B).
(c) Increase in Maximum Age for Eligibility of Food Stamp
Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended
by striking ``25'' and inserting ``40''.
(d) Increase in Maximum Age for Designated Community Residents.--
(1) In general.--Paragraph (5) of section 51(d) of such
Code is amended to read as follows:
``(5) Designated community residents.--
``(A) In general.--The term `designated community
resident' means any individual who is certified by the
designated local agency--
``(i) as having attained age 18 but not age
40 on the hiring date, and
``(ii) as having his principal place of
abode within an empowerment zone, enterprise
community, or renewal community.
``(B) Individual must continue to reside in zone or
community.--In the case of a designated community
resident, the term `qualified wages' shall not include
wages paid or incurred for services performed while the
individual's principal place of abode is outside an
empowerment zone, enterprise community, or renewal
community.''.
(2) Conforming amendment.--Subparagraph (D) of section
51(d)(1) is amended to read as follows:
``(D) a designated community resident,''.
(e) Clarification of Treatment of Individuals Under Individual Work
Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to
vocational rehabilitation referral) is amended by striking ``or'' at
the end of clause (i), by striking the period at the end of clause (ii)
and inserting ``, or'', and by adding at the end the following new
clause:
``(iii) an individual work plan developed
and implemented by an employment network
pursuant to subsection (g) of section 1148 of
the Social Security Act with respect to which
the requirements of such subsection are met.''.
(f) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2005.
SEC. 3. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK
CREDIT.
(a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting ``, or'', and by adding at the end the following new
subparagraph:
``(I) a long-term family assistance recipient.''.
(b) Long-Term Family Assistance Recipient.--Subsection (d) of
section 51 of such Code is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following new paragraph:
``(10) Long-term family assistance recipient.--The term
`long-term family assistance recipient' means any individual
who is certified by the designated local agency--
``(A) as being a member of a family receiving
assistance under a IV-A program (as defined in
paragraph (2)(B)) for at least the 18-month period
ending on the hiring date,
``(B)(i) as being a member of a family receiving
such assistance for 18 months beginning after August 5,
1997, and
``(ii) as having a hiring date which is not more
than 2 years after the end of the earliest such 18-
month period, or
``(C)(i) as being a member of a family which ceased
to be eligible for such assistance by reason of any
limitation imposed by Federal or State law on the
maximum period such assistance is payable to a family,
and
``(ii) as having a hiring date which is not more
than 2 years after the date of such cessation.''.
(c) Increased Credit for Employment of Long-Term Family Assistance
Recipients.--Section 51 of such Code is amended by inserting after
subsection (d) the following new subsection:
``(e) Credit for Second-Year Wages for Employment of Long-Term
Family Assistance Recipients.--
``(1) In general.--With respect to the employment of a
long-term family assistance recipient--
``(A) the amount of the work opportunity credit
determined under this section for the taxable year
shall include 50 percent of the qualified second-year
wages for such year, and
``(B) in lieu of applying subsection (b)(3), the
amount of the qualified first-year wages, and the
amount of qualified second-year wages, which may be
taken into account with respect to such a recipient
shall not exceed $10,000 per year.
``(2) Qualified second-year wages.--For purposes of this
subsection, the term `qualified second-year wages' means
qualified wages--
``(A) which are paid to a long-term family
assistance recipient, and
``(B) which are attributable to service rendered
during the 1-year period beginning on the day after the
last day of the 1-year period with respect to such
recipient determined under subsection (b)(2).
``(3) Special rules for agricultural and railway labor.--If
such recipient is an employee to whom subparagraph (A) or (B)
of subsection (h)(1) applies, rules similar to the rules of
such subparagraphs shall apply except that--
``(A) such subparagraph (A) shall be applied by
substituting `$10,000' for `$6,000', and
``(B) such subparagraph (B) shall be applied by
substituting `$833.33' for `$500'.''.
(d) Repeal of Separate Welfare-to-Work Credit.--
(1) In general.--Section 51A of such Code is hereby
repealed.
(2) Clerical amendment.--The table of sections for subpart
F of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 51A.
(e) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2005. | Encouraging Work Act of 2005 - Amends the Internal Revenue Code to consolidate and modify provisions of the work opportunity tax credit and the welfare-to-work tax credit and make the consolidated tax credit permanent. Expands eligibility for the consolidated tax credit by: (1) determining eligibility of ex-felons without regard to family income; and (2) raising the age ceiling for food stamp recipients from 25 to 40. Includes a "designated community resident" (in lieu of "high risk youth") and "long-term family assistance recipient" as members of the targeted group eligible for the consolidated tax credit. Provides for an increased tax credit for employment of long-term family assistance recipients.
Repeals the separate welfare-to-work tax credit. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. CLARIFICATION OF EMPLOYMENT TAX STATUS OF CERTAIN FISHERMEN.
(a) Amendments of Internal Revenue Code of 1986.--
(1) Determination of size of crew.--Subsection (b) of
section 3121 of the Internal Revenue Code of 1986 (defining
employment) is amended by adding at the end thereof the
following new sentence:
``For purposes of paragraph (20), the operating crew of a boat shall be
treated as normally made up of fewer than 10 individuals if the average
size of the operating crew on trips made during the preceding 4
calendar quarters consisted of fewer than 10 individuals.''
(2) Certain cash remuneration permitted.--Subparagraph (A)
of section 3121(b)(20) of such Code is amended to read as
follows:
``(A) such individual does not receive any cash
remuneration other than as provided in subparagraph (B)
and other than cash remuneration--
``(i) which does not exceed $100 per trip;
``(ii) which is contingent on a minimum
catch; and
``(iii) which is paid solely for additional
duties (such as mate, engineer, or cook) for
which additional cash remuneration is
traditional in the industry,''.
(3) Conforming amendment.--Section 6050A(a) of such Code is
amended by striking ``and'' at the end of paragraph (3), by
striking the period at the end of paragraph (4) and inserting
``; and'', and by adding at the end thereof the following new
paragraph:
``(5) any cash remuneration described in section
3121(b)(20)(A).''
(b) Amendment of Social Security Act.--
(1) Determination of size of crew.--Subsection (a) of
section 210 of the Social Security Act is amended by adding at
the end thereof the following new sentence:
``For purposes of paragraph (20), the operating crew of a boat shall be
treated as normally made up of fewer than 10 individuals if the average
size of the operating crew on trips made during the preceding 4
calendar quarters consisted of fewer than 10 individuals.''
(2) Certain cash remuneration permitted.--Subparagraph (A)
of section 210(a)(20) of such Act is amended to read as
follows:
``(A) such individual does not receive any
additional compensation other than as provided in
subparagraph (B) and other than cash remuneration--
``(i) which does not exceed $100 per trip;
``(ii) which is contingent on a minimum
catch; and
``(iii) which is paid solely for additional
duties (such as mate, engineer, or cook) for
which additional cash remuneration is
traditional in the industry,''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to remuneration paid after December 31, 1994.
(2) Special rule.--The amendments made by this section
(other than subsection (a)(3)) shall also apply to remuneration
paid after December 31, 1984, and before January 1, 1995,
unless the payor treated such remuneration (when paid) as being
subject to tax under chapter 21 of the Internal Revenue Code of
1986.
SEC. 2. INFORMATION REPORTING.
(a) In General.--Subpart B of part III of subchapter A of chapter
68 of the Internal Revenue Code of 1986 (relating to information
concerning transactions with other persons) is amended by adding at the
end the following new section:
``SEC. 6050Q. RETURNS RELATING TO CERTAIN PURCHASES OF FISH.
``(a) Requirement of Reporting.--Every person--
``(1) who is engaged in the trade or business of purchasing
fish for resale from any person engaged in the trade or
business of catching fish; and
``(2) who makes payments in cash in the course of such
trade or business to such a person of $1,000 or more during any
calendar year for the purchase of fish,
shall make a return (at such times as the Secretary may prescribe)
described in subsection (b) with respect to each person to whom such a
payment was made during such calendar year.
``(b) Return.--A return is described in this subsection if such
return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each person to
whom a payment described in subsection (a)(2) was made
during the calendar year;
``(B) the aggregate amount of such payments made to
such person during such calendar year and the date and
amount of each such payment, and
``(C) such other information as the Secretary may
require.
``(c) Statement To Be Furnished With Respect to Whom Information is
Required.--Every person required to make a return under subsection (a)
shall furnish to each person whose name is required to be set forth in
such return a written statement showing--
``(1) the name and address of the person required to make
such a return, and
``(2) the aggregate amount of payments to the person
required to be shown on the return.
The written statement required under the preceding sentence shall be
furnished to the person on or before January 31 of the year following
the calendar year for which the return under subsection (a) is required
to be made.
``(d) Definitions.--For purposes of this section:
``(1) Cash.--The term `cash' has the meaning given such
term by section 6050I(d).
``(2) Fish.--The term `fish' includes other forms of
aquatic life.''.
(b) Technical Amendments.--
(1) Subparagraph (A) of section 6724(d)(1) of such Code is
amended by striking ``or'' at the end of clause (vi), by
striking ``and'' at the end of clause (vii) and inserting
``or'', and by adding at the end the following new clause:
``(viii) section 6050Q (relating to returns
relating to certain purchases of fish), and''.
(2) Paragraph (2) of section 6724(d) of such Code is
amended by redesignating subparagraphs (Q) through (T) as
subparagraphs (R) through (U), respectively, and by inserting
after subparagraph (P) the following new subparagraph:
``(Q) section 6050Q(c) (relating to returns
relating to certain purchases of fish),''.
(3) The table of sections for subpart B of part III of
subchapter A of chapter 68 of such Code is amended by adding at
the end the following new item:
``Sec. 6050Q. Returns relating to certain
purchases of fish.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 1994. | Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the employment tax treatment of certain crew members on fishing vessels with a crew of ten or fewer individuals.
Requires certain persons engaged in the trade or business of purchasing fish for resale to file information returns with respect to such purchases. |
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 ``Crow Tribe Land Restoration Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the Secretary of the
Interior to--
(1) develop a program to acquire land and interests in land
from eligible individuals within the Crow Reservation in the
State of Montana;
(2) hold in trust the land, and interests in land,
described in paragraph (1) for the benefit of the Crow Tribe of
the State of Montana;
(3) allow the Tribe to assume management of the land and
interests in land; and
(4) end the continuing fractionation of land on the
Reservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible individual.--The term ``eligible individual''
means an individual that owns land, or an interest in land,
within the Reservation.
(2) Reservation.--The term ``Reservation'' means the Crow
Reservation in the State of Montana.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribe.--The term ``Tribe'' means the Crow Tribe of the
State of Montana.
SEC. 4. ACQUISITION OF LAND WITHIN RESERVATION.
(a) Purchasing Program.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Secretary shall establish a
program under which the Secretary shall provide funds to the
Tribe to purchase from eligible individuals land, and interests
in land, within the Reservation.
(2) Requirements.--
(A) Voluntary sale.--A sale of land to the Tribe
under the purchasing program shall be voluntary.
(B) Reasonable purchase price.--To receive funds
under the purchasing program, the Tribe shall offer to
an eligible individual in consideration for land, or an
interest in land, within the Reservation an amount
equal to the reasonable purchase price of the land, or
interest in land, of the eligible individual, as
determined in accordance with subsection (b).
(3) Notification to eligible individuals.--
(A) In general.--As soon as practicable after the
date on which the purchasing program is established,
the Tribe shall provide to each eligible individual a
notification with respect to the program, including any
guidelines issued by the Secretary relating to the
program.
(B) Contact with eligible individuals.--
Notwithstanding any other provision of law, an eligible
individual may be contacted directly with respect to
the purchasing program by--
(i) the Tribe, or a representative of the
Tribe; or
(ii) the Secretary, or a representative of
the Secretary.
(b) Reasonable Purchase Price.--
(1) Guidelines.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish guidelines
under which the reasonable purchase price of land, or an
interest in land, of an eligible individual shall be
determined.
(2) Consideration.--In establishing guidelines under
paragraph (1), the Secretary may take into consideration--
(A) average annual earnings of land, and interests
in land, of eligible individuals; and
(B) any other factor the Secretary considers to be
appropriate.
(c) Acceptance of Offer.--
(1) In general.--On acceptance by an eligible individual of
an offer of the Tribe under this section--
(A) subject to paragraph (2), the Tribe shall pay
to the eligible individual the reasonable purchase
price of the land, or interest in land, of the eligible
individual, as determined in accordance with subsection
(b); and
(B) title to the land, or interest in land,
acquired from the eligible individual shall be conveyed
to the United States, to be held in trust by the
Secretary for the benefit of the Tribe.
(2) Eligible individual accounts.--
(A) In general.--On the request of an eligible
individual that accepts an offer of the Tribe under
this section, the Tribe shall--
(i)(I) establish in a local financial
institution an account in the name of the
eligible individual; and
(II) deposit the amount of the offer of the
Tribe under this section into that account; or
(ii) deposit the amount of the offer of the
Tribe under this section into any account in a
financial institution designated by the
eligible individual.
(B) Withdrawal and transfer.--An eligible
individual may, without obtaining approval from, or
providing a notification to, the Secretary--
(i) withdraw any amount from an account
described in subparagraph (A); or
(ii) transfer any amount from an account
described in subparagraph (A) into an account
in a different financial institution.
(C) Fees.--Any fee assessed by a financial
institution on an account under this paragraph shall be
the responsibility of the eligible individual in the
name of which the account is held.
(D) Taxation.--Amounts held in an account under
this paragraph, including any interest earned on such
amounts, shall not be subject to taxation by the
Federal Government, or any State or local government,
if the account contains only--
(i) amounts deposited into the account by
the Tribe under subparagraph (A); and
(ii) interest earned on those amounts.
(d) Judicial Review.--The terms and amount of any offer of the
Tribe to purchase land, or an interest in land, of an eligible
individual under this section shall not be subject to judicial review.
SEC. 5. PURCHASING PROGRAM FUNDING.
(a) Obligations to Treasury.--
(1) Issuance.--
(A) In general.--To the extent approved in annual
appropriations Acts and subject to approval by the
Secretary of the Treasury, the Secretary may issue to
the Secretary of the Treasury such obligations as the
Secretary determines to be necessary to fund the
purchasing program established under section 4(a)(1).
(B) Requirements.--The obligations issued under
subparagraph (A) shall be in such form and such
denomination, and subject to any other such terms and
conditions, as the Secretary of the Treasury determines
to be appropriate.
(2) Purchase.--The Secretary of the Treasury shall purchase
any obligation issued under paragraph (1).
(3) Interest.--The obligations issued under paragraph (1)
shall bear interest at a rate to be determined by the Secretary
of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United
States of comparable maturities.
(4) Limitation.--On any date, the total amount of
obligations issued under paragraph (1) shall not exceed
$_,000,000.
(b) Repayment of Obligations.--
(1) In general.--The Secretary shall use the revenues from
any land purchased by the Tribe under this Act to repay the
Secretary of the Treasury the amount of any obligation,
including interest on such an obligation, issued under
subsection (a).
(2) Reasonable assurance of repayment.--The Secretary shall
ensure, to the maximum extent practicable, that projected
revenues described in paragraph (1) provide reasonable
assurance of repayment of the amount of obligations issued
under subsection (a).
(c) Authorization of Appropriations.--For each fiscal year
beginning after the date of enactment of this Act, there are authorized
to be appropriated to the Secretary such sums as the Secretary
determines to be necessary to repay to the Secretary of the Treasury
the difference between--
(1) the amount of obligations issued under subsection (a),
including interest on such obligations, that was required to be
repaid during the preceding fiscal year; and
(2) the amount of obligations issued under subsection (a),
including interest on such obligations, that was repaid during
the preceding fiscal year.
SEC. 6. DONATION OF LAND.
(a) In General.--Subject to subsection (b), the Secretary may
accept from any eligible individual a donation of land or an interest
in land within the Reservation.
(b) Conditions.--
(1) Title held in trust.--The Secretary shall hold in trust
for the benefit of the Tribe the title to any land or interest
in land acquired by the Secretary under subsection (a).
(2) Designation of place of honor.--The Tribe shall
designate on the Reservation a place of honor, as the Tribe
determines to be appropriate, at which the name of any eligible
individual that donates land to the Secretary under subsection
(a) shall be displayed in perpetuity, in recognition of the
donation.
SEC. 7. LAND MANAGEMENT.
(a) In General.--Land, and interests in land, held in trust by the
Secretary for the benefit of the Tribe under this Act shall be managed
by the Tribe.
(b) Limitation of Trust Responsibility.--The trust responsibility
of the Secretary with respect to land and interests in land described
in subsection (a) shall be limited to--
(1) ensuring that the land and interests in land are not
subject to alienation; and
(2) enabling the Tribe to exercise jurisdiction over the
land and interests in land.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000. | Crow Tribe Land Restoration Act - Directs the Secretary of the Interior to: (1) develop a program to provide funds to the Crow Tribe of the State of Montana to acquire land and interests in land from eligible individuals within the Crow Reservation in the state; and (2) accept from eligible individuals the donation of land or an interest in land, to hold in trust for the benefit of the Tribe. Requires the Tribe to manage such land and interests.
Authorizes the Secretary to issue to the Secretary of the Treasury any obligations necessary to fund the purchasing program established by this Act. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Customer Service
Improvement Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency''--
(A) means an Executive agency (as defined under
section 105 of title 5, United States Code) that
provides significant services directly to the public or
other entity; and
(B) does not include an Executive agency if the
President determines that this Act should not apply to
the Executive agency for national security reasons.
(2) Customer.--The term ``customer'', with respect to an
agency, means any individual or entity that is directly served
by an agency.
SEC. 3. DEVELOPMENT OF CUSTOMER SERVICE STANDARDS.
(a) Government-Wide Standards.--
(1) In general.--The Director of the Office of Management
and Budget shall develop Government-wide standards for customer
service delivery, which shall be included in the Federal
Government Performance Plan required under section 1115 of
title 31, United States Code.
(2) Requirements.--The standards developed under paragraph
(1) shall include--
(A) Government-wide goals for continuous service
improvements and efforts to modernize service delivery;
and
(B) where appropriate, Government-wide target
response times for telephone calls, electronic mail,
mail, benefit processing, and payments.
(b) Agency Standards.--
(1) In general.--The Chief Performance Officer for each
agency shall establish customer service standards in accordance
with the Government-wide standards established under subsection
(a), which shall be included in the Agency Performance Plans
required under section 1115 of title 31, United States Code.
(2) Requirements.--Agency standards established under
paragraph (1) shall include, if appropriate--
(A) target call wait times during peak and non-peak
hours;
(B) target response times for correspondence, both
by mail and electronic mail;
(C) procedures for ensuring all applicable metrics
are incorporated into service agreements with
nongovernmental individuals and entities;
(D) target response times for processing benefits
and making payments; and
(E) recommendations for effective publication of
customer service contact information, including a
mailing address, telephone number, and email address.
(c) Customer Service Input.--The Performance Improvement Officer
for each agency shall collect information from customers of the agency
regarding the quality of customer service provided by the agency. Each
agency shall include the information collected under this subsection in
the performance report made available by the agency under section 1116
of title 31, United States Code.
(d) Annual Performance Update.--The Director of the Office of
Management and Budget shall include achievements by agencies in meeting
the customer service performance measures and standards developed under
subsection (a) in each update on agency performance required under
section 1116 of title 31, United States Code.
SEC. 4. SERVICE IMPROVEMENT UNIT PILOT PROGRAM.
(a) Established.--The Director of the Office of Management and
Budget shall establish a pilot program, to be known as the Service
Improvement Unit Pilot Program (in this section referred to as the
``pilot program''), to provide assistance to agencies that do not meet
the Government-wide standards established under section 3.
(b) Personnel.--The heads of agencies with expertise in change
management, process improvement, and information technology innovation
shall detail employees to the Office of Management and Budget to work
on the pilot program, based on the expertise and skills required to
address service improvement goals.
(c) Responsibilities.--Under the pilot program, the Office of
Management and Budget shall work with agencies that are not meeting the
customer service standards and performance measures established under
section 3 to improve and modernize service delivery to develop
solutions, including--
(1) evaluating the efforts of the agency to improve service
delivery;
(2) developing a plan to improve within existing resources
and by drawing on expertise and assistance from other agencies
(including the Office of Management and Budget) where
necessary;
(3) monitoring implementation by the agency of the plan
developed under paragraph (2) until the customer service
standards and performance measures are met; and
(4) submitting to the Director of the Office of Management
and Budget monthly reports on the progress being made to
improve service at the agency until the customer service
standards are met.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
submit to Congress a report on the accomplishments and outcomes of the
pilot program and any recommendations relating to achieving the
customer service standards and performance measures established under
section 3.
(e) Support.--The Administrator of General Services shall provide
administrative and other support in order to implement the pilot
program under this section. The heads of agencies shall, as appropriate
and to the extent permitted by law, provide at the request of the
Director of the Office of Management and Budget up to 2 personnel
authorizations who have expertise in change management, process
improvement, and information technology innovation to support the pilot
program.
(f) Termination.--The authority to carry out the pilot program
shall terminate 2 years after the date of enactment of this Act.
SEC. 5. RETIREMENT REPORTING.
(a) Definition.--In this section, the term ``agency'' has the
meaning given that term in section 551 of title 5, United States Code.
(b) Reports.--
(1) In general.--Except as provided in paragraph (2) and
not later than 30 days after the date of enactment of this Act,
and every month thereafter, the Director of the Office of
Personnel Management shall submit to Congress and the
Comptroller General of the United States, and issue publicly
(including on the Web site of the Office of Personnel
Management), a report that--
(A) for each agency, evaluates the timeliness,
completeness, and accuracy of information submitted by
the agency relating to employees of the agency who are
retiring; and
(B) indicates--
(i) the total number of applications for
retirement benefits, lump sum death benefits,
court ordered benefits, phased retirement, and
disability retirement that are pending action
by the Office of Personnel Management; and
(ii) the number of months each such
application has been pending.
(2) Suspension of reporting requirement.--Paragraph (1)
shall not apply to the Director of the Office of Personnel
Management for any month immediately following a 3-year period
in which there are no applications described in paragraph
(1)(B) that have been pending for more than 60 days.
(c) Modernization Timeline.--The Director of the Office of
Personnel Management shall establish--
(1) a timetable for the completion of each component of the
retirement systems modernization project of the Office of
Personnel Management, including all data elements required for
accurate completion of adjudication; and
(2) the date by which all Federal payroll processing
entities will electronically transmit all personnel data to the
Office of Personnel Management.
(d) Budget Request.--The Office of Personnel Management shall
include a detailed statement regarding the progress of the Office of
Personnel Management in completing the retirement systems modernization
project of the Office of Personnel Management and recommendations to
Congress regarding the additional resources needed to fully implement
the retirement systems modernization project of the Office of Personnel
Management in each budget request of the Office of Personnel Management
submitted as part of the preparation of the budget of the President
submitted to Congress under section 1105(a) of title 31, United States
Code.
SEC. 6. NO INCREASE IN EXPENDITURES.
It is the sense of Congress that no additional funds should be
appropriated to carry out this Act. | Government Customer Service Improvement Act of 2013 - Requires the Director of the Office of Management and Budget (OMB) to develop government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan. Requires such standards to include: (1) government-wide goals for continuous service improvements and efforts to modernize service delivery; and (2) government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. Directs: (1) the Chief Performance Officer for each executive agency to establish customer service standards in accordance with such government-wide standards, which shall be included in Agency Performance Plans; (2) the Performance Improvement Officer for each agency to collect information from customers of the agency regarding the quality of customer service provided; and (3) the Director to include agency achievements in meeting such standards and customer service performance measures in each required update on agency performance. Requires: (1) the Director to establish a two-year Service Improvement Unit Pilot Program to provide assistance to agencies that do not meet such government-wide standards, and (2) the Administrator of General Services (GSA) to provide administrative and other support to implement such Program. Requires the Director of the Office of Personnel Management (OPM) to: (1) submit to Congress and the Comptroller General (GAO) and issue publicly every month a report on information submitted by each federal agency regarding its employees who are retiring and pending applications for retirement benefits, (2) establish a timetable for completion of OPM's retirement systems modernization project and a deadline by which all federal payroll processing entities will electronically transmit all personnel data to OPM, and (3) include in each annual budget request a statement on OPM's progress in completing such project and resources needed to implement it. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of such Act
(42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of such Act
(42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which he dies or (if earlier) with
the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) with the month preceding the first month in which any of the
following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (D) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with whichever of the following months is the earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(y)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Notwithstanding section 204(d), such benefit for such month
shall be payable only to a person who is determined by the Secretary to
be the surviving spouse of the deceased individual.''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended by adding at the end the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Notwithstanding section 204(d), such benefit for such month
shall be payable only to a person who is determined by the Secretary to
be the surviving spouse of the deceased individual.''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of such Act (42 U.S.C. 428) is amended by adding at the end the
following new subsection:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Notwithstanding section 204(d), such benefit for such month
shall be payable only to a person who is determined by the Secretary to
be the surviving spouse of the deceased individual.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after 180 days after the date of the enactment of this Act. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a monthly benefit shall be paid to the recipient's surviving spouse for the month in which the recipient dies, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month. |
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 ``Atlantic Striped Bass Conservation
Act Amendments of 1997''.
SEC. 2. REAUTHORIZATION AND AMENDMENT OF ATLANTIC STRIPED BASS
CONSERVATION ACT.
The Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is
amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Atlantic Striped Bass Conservation
Act'.
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares the following:
``(1) Atlantic striped bass are of historic commercial and
recreational importance and economic benefit to the Atlantic
coastal States and to the Nation.
``(2) No single government entity has full management authority
throughout the range of the Atlantic striped bass.
``(3) The population of Atlantic striped bass--
``(A) has been subject to large fluctuations due to natural
causes, fishing pressure, environmental pollution, loss and
alteration of habitat, inadequacy of fisheries conservation and
management practices, and other causes; and
``(B) risks potential depletion in the future without
effective monitoring and conservation and management measures.
``(4) It is in the national interest to implement effective
procedures and measures to provide for effective
interjurisdictional conservation and management of this species.
``(b) Purpose.--It is therefore declared to be the purpose of the
Congress in this Act to support and encourage the development,
implementation, and enforcement of effective interstate action
regarding the conservation and management of the Atlantic striped bass.
``SEC. 3. DEFINITIONS.
``As used in this Act--
``(1) the term `Magnuson Act' means the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
``(2) The term `Atlantic striped bass' means members of stocks
or populations of the species Morone saxatilis, which ordinarily
migrate seaward of the waters described in paragraph (3)(A)(i).
``(3) The term `coastal waters' means--
``(A) for each coastal State referred to in paragraph
(4)(A)--
``(i) all waters, whether salt or fresh, of the coastal
State shoreward of the baseline from which the territorial
sea of the United States is measured; and
``(ii) the waters of the coastal State seaward from the
baseline referred to in clause (i) to the inner boundary of
the exclusive economic zone;
``(B) for the District of Columbia, those waters within its
jurisdiction; and
``(C) for the Potomac River Fisheries Commission, those
waters of the Potomac River within the boundaries established
by the Potomac River Compact of 1958.
``(4) The term `coastal State' means--
``(A) Pennsylvania and each State of the United States
bordering on the Atlantic Ocean north of the State of South
Carolina;
``(B) the District of Columbia; and
``(C) the Potomac River Fisheries Commission established by
the Potomac River Compact of 1958.
``(5) The term `Commission' means the Atlantic States Marine
Fisheries Commission established under the interstate compact
consented to and approved by the Congress in Public Laws 77-539 and
81-721.
``(6) The term `exclusive economic zone' has the meaning given
such term in section 3(6) of the Magnuson Act (16 U.S.C. 1802(6)).
``(7) The term `fishing' means--
``(A) the catching, taking, or harvesting of Atlantic
striped bass, except when incidental to harvesting that occurs
in the course of commercial or recreational fish catching
activities directed at a species other than Atlantic striped
bass;
``(B) the attempted catching, taking, or harvesting of
Atlantic striped bass; and
``(C) any operation at sea in support of, or in preparation
for, any activity described in subparagraph (A) or (B).
The term does not include any scientific research authorized by the
Federal Government or by any State government.
``(8) The term `moratorium area' means the coastal waters with
respect to which a declaration under section 5(a) applies.
``(9) The term `moratorium period' means the period beginning
on the day on which moratorium is declared under section 5(a)
regarding a coastal State and ending on the day on which the
Commission notifies the Secretaries that that State has taken
appropriate remedial action with respect to those matters that were
the case of the moratorium being declared.
``(10) The term `Plan' means a plan for managing Atlantic
striped bass, or an amendment to such plan, that is prepared and
adopted by the Commission.
``(11) The term `Secretary' means the Secretary of Commerce or
a designee of the Secretary of Commerce.
``(12) The term `Secretaries' means the Secretary of Commerce
and the Secretary of the Interior or their designees.
``SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL
STATES.
``(a) Determination.--During December of each fiscal year, and at
any other time it deems necessary the Commission shall determine--
``(1) whether each coastal State has adopted all regulatory
measures necessary to fully implement the Plan in its coastal
waters; and
``(2) whether the enforcement of the Plan by each coastal State
is satisfactory.
``(b) Satisfactory State Enforcement.--For purposes of subsection
(a)(2), enforcement by a coastal State shall not be considered
satisfactory by the Commission if, in its view, the enforcement is
being carried out in such a manner that the implementation of the Plan
within the coastal waters of the State is being, or will likely be,
substantially and adversely affected.
``(c) Notification of Secretaries.--The Commission shall
immediately notify the Secretaries of each negative determination made
by it under subsection (a).
``SEC. 5. MORATORIUM.
``(a) Secretarial Action After Notification.--Upon receiving notice
from the Commission under section 4(c) of a negative determination
regarding a coastal State, the Secretaries shall determine jointly,
within 30 days, whether that coastal State is in compliance with the
Plan and, if the State is not in compliance, the Secretaries shall
declare jointly a moratorium on fishing for Atlantic striped bass
within the coastal waters of that coastal State. In making such a
determination, the Secretaries shall carefully consider and review the
comments of the Commission and that coastal State in question.
``(b) Prohibited Acts During Moratorium.--During a moratorium
period, it is unlawful for any person--
``(1) to engage in fishing within the moratorium area;
``(2) to land, or attempt to land, Atlantic striped bass that
are caught, taken, or harvested in violation of paragraph (1);
``(3) to land lawfully harvested Atlantic striped bass within
the boundaries of a coastal State when a moratorium declared under
subsection (a) applies to that State; or
``(4) to fail to return to the water Atlantic striped bass to
which the moratorium applies that are caught incidental to
harvesting that occurs in the course of commercial or recreational
fish catching activities, regardless of the physical condition of
the striped bass when caught.
``(c) Civil Penalties.--
``(1) Civil penalty.--Any person who commits any act that is
unlawful under subsection (b) shall be liable to the United States
for a civil penalty as provided by section 308 of the Magnuson Act
(16 U.S.C. 1858).
``(2) Civil forfeitures.--
``(A) In general.--Any vessel (including its gear,
equipment, appurtenances, stores, and cargo) used, and any fish
(or the fair market value thereof) taken or retained, in any
manner, in connection with, or as the result of, the commission
of any act that is unlawful under subsection (b) shall be
subject to forfeiture to the United States as provided in
section 310 of the Magnuson Act (16 U.S.C. 1860).
``(B) Disposal of fish.--Any fish seized pursuant to this
Act may be disposed of pursuant to the order of a court of
competent jurisdiction, or, if perishable, in a manner
prescribed in regulations.
``(d) Enforcement.--A person authorized by the Secretaries or the
Secretary of the department in which the Coast Guard is operating may
take any action to enforce a moratorium declared under subsection (a)
that an officer authorized by the Secretary under section 311(b) of the
Magnuson Act (16 U.S.C. 1861(b)) may take to enforce that Act (16
U.S.C. 1801 et seq.). The Secretaries may, by agreement, on a
reimbursable basis or otherwise, utilize the personnel, services,
equipment (including aircraft and vessels), and facilities of any other
Federal department or agency and of any agency of a State in carrying
out that enforcement.
``(e) Regulations.--The Secretaries may issue regulations to
implement this section.
``SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPULATIONS.
``(a) In General.--For the purposes of carrying out this Act, the
Secretaries shall conduct continuing, comprehensive studies of Atlantic
striped bass stocks. These studies shall include, but shall not be
limited to, the following:
``(1) Annual stock assessments, using fishery-dependent and
fishery-independent data, for the purposes of extending the long-
term population record generated by the annual striped bass study
conducted by the Secretaries before 1994 and understanding the
population dynamics of Atlantic striped bass.
``(2) Investigations of the causes of fluctuations in Atlantic
striped bass populations.
``(3) Investigations of the effects of water quality, land use,
and other environmental factors on the recruitment, spawning
potential, mortality, and abundance of Atlantic striped bass
populations, including the Delaware River population.
``(4) Investigations of--
``(A) the interactions between Atlantic striped bass and
other fish, including bluefish, menhaden, mackerel, and other
forage fish or possible competitors, stock assessments of these
species, to the extent appropriate; and
``(B) the effects of interspecies predation and competition
on the recruitment, spawning potential mortality, and abundance
of Atlantic striped bass.
``(b) Socio-Economic Study.--The Secretaries, in consultation with
with the Atlantic States Marine Fisheries Commission, shall conduct a
study of the socio-economic benefits of the Atlantic striped bass
resource. The Secretaries shall issue a report to the Congress
concerning the findings of this study no later than September 30, 1998.
``(c) Reports.--The Secretaries shall make biennial reports to the
Congress and to the Commission concerning the progress and findings of
studies conducted under subsection (a) and shall make those reports
public. Such reports shall, to the extent appropriate, contain
recommendations of actions which could be taken to encourage the
sustainable management of Atlantic striped bass.
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.
``(a) Authorization.--For each of fiscal years 1998, 1999, and
2000, there are authorized to be appropriated to carry out this Act--
``(1) $800,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.
``(b) Cooperative Agreements.--The Secretaries may enter into
cooperative agreements with the Atlantic States Marine Fisheries
Commission or with States, for the purpose of using amounts
appropriated pursuant to this section to provide financial assistance
for carrying out the purposes of this Act.
``SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND
AMENDMENTS.
``(a) Standards and Procedures.--In order to ensure the opportunity
for public participation in the preparation of management plans and
amendments to management plans for Atlantic striped bass, the
Commission shall prepare such plans and amendments in accordance with
the standards and procedures established under section 805(a)(2) of the
Atlantic Coastal Fisheries Cooperative Management Act.
``(b) Application.--Subsection (a) shall apply to management plans
and amendments adopted by the Commission after the 6-month period
beginning on the date of enactment of the Atlantic Striped Bass
Conservation Act Amendments of 1997.
``SEC. 9. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC ZONE.
``(a) Regulation of Fishing in Exclusive Economic Zone.--The
Secretary shall promulgate regulations governing fishing for Atlantic
striped bass in the exclusive economic zone that the Secretary
determines--
``(1) are consistent with the national standards set forth in
section 301 of the Magnuson Act (16 U.S.C. 1851);
``(2) are compatible with the Plan and each Federal moratorium
in effect on fishing for Atlantic striped bass within the coastal
waters of a coastal State;
``(3) ensure the effectiveness of State regulations on fishing
for Atlantic striped bass within the coastal waters of a coastal
State; and
``(4) are sufficient to assure the long-term conservation of
Atlantic striped bass populations.
``(b) Consultation; Periodic Review of Regulations.--In preparing
regulations under subsection (a), the Secretary shall consult with the
Atlantic States Marine Fisheries Commission, the appropriate Regional
Fishery Management Councils, and each affected Federal, State, and
local government entity. The Secretary shall periodically review
regulations promulgated under subsection (a), and if necessary to
ensure their continued consistency with the requirements of subsection
(a), shall amend those regulations.
``(c) Applicability of Magnuson Act Provisions.--The provisions of
sections 307, 308, 309, 310, and 311 of the Magnuson Act (16 U.S.C.
1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil
penalties, criminal offenses, civil forfeitures, and enforcement shall
apply with respect to regulations and any plan issued under subsection
(a) of this section as if such regulations or plan were issued under
the Magnuson Act.''.
SEC. 3. REPEALS.
(a) Anadromous Fish Conservation Act.--Section 7 of the Anadromous
Fish Conservation Act (16 U.S.C. 757g) is repealed.
(b) Albemarle Sound-Roanoke River Basin.--Section 5 of the Act
entitled ``An Act to authorize appropriations to carry out the Atlantic
Striped Bass Conservation Act for fiscal years 1989 through 1991, and
for other purposes'', approved November 3, 1988 (16 U.S.C. 1851 note;
102 Stat. 2984), relating to studies of the Albermarle Sound-Roanoke
River Basin striped bass stock, is repealed.
(c) Regulation of Fishing in Exclusive Economic Zone.--Section 6 of
the Act entitled ``An Act to authorize appropriations to carry out the
Atlantic Striped Bass Conservation Act for fiscal years 1989 through
1991, and for other purposes'', approved November 3, 1988 (16 U.S.C.
1851 note; 102 Stat. 2986) is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Atlantic Striped Bass Conservation Act Amendments of 1997 - Amends the Atlantic Striped Bass Conservation Act to replace the existing Act with provisions requiring a moratorium on fishing for Atlantic striped bass in the coastal waters of a State that the Atlantic States Marine Fisheries Commission and the Secretaries of Commerce and the Interior determine is not complying with the Commission's plan for managing Atlantic striped bass. Provides for civil penalties and forfeiture of vessels, gear, and fish for violations of the moratorium. Mandates continuing, comprehensive studies of Atlantic striped bass stocks and a study of the socio-economic benefits of the Atlantic striped bass resource. Authorizes appropriations to carry out the Act. Authorizes cooperative agreements between the Secretaries and the Commission or States to use amounts appropriated under the Act. Requires the Commission to prepare such management plans in accordance with standards and procedures of the Atlantic Coastal Fisheries Cooperative Management Act relating to the preparation of coastal fishery management plans. Mandates regulations governing fishing for Atlantic striped bass in the Exclusive Economic Zone that are consistent with the national standards in the Magnuson-Stevens Fishery Conservation and Management Act, ensure the effectiveness of State regulations on fishing for Atlantic striped bass in the coastal waters of a coastal State, and meet other requirements. Applies provisions of that Act regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement concerning regulations and any plan issued under this paragraph. Repeals provisions of the Anadromous Fish Conservation Act relating to studies of the anadromous stocks of Atlantic striped bass. Repeals provisions of Federal law relating to a study of the striped bass fishery resources and habitats of the Albemarle Sound-Roanoke River basin area. Repeals provisions of Federal law relating to regulations governing the fishing for Atlantic striped bass in the Exclusive Economic Zone. |
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 ``Unemployment
Compensation Extension Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. References.
Sec. 102. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 103. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 104. TEUC-X trigger fix.
TITLE II--RAILROAD UNEMPLOYMENT INSURANCE
Sec. 201. Temporary increase in extended unemployment benefits under
the Railroad Unemployment Insurance Act.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 26 U.S.C. 3304 note).
SEC. 102. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 is amended to read
as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2004.
``(b) Transition.--In the case of an individual who is receiving
temporary extended unemployment compensation for the week which
immediately precedes the first day of the week that includes July 1,
2004, temporary extended unemployment compensation shall continue to be
payable to such individual for any week thereafter from the account
from which such individual received compensation for the week
immediately preceding that termination date. No compensation shall be
payable by reason of the preceding sentence for any week beginning
after December 31, 2004.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note).
SEC. 103. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
(a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is
amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
(b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by
striking ``an amount equal to the amount originally established in such
account (as determined under subsection (b)(1))'' and inserting ``7
times the individual's weekly benefit amount for the benefit year''.
(c) Effective Date.--
(1) In general.--The amendments made by this section--
(A) shall take effect as if included in the
enactment of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note); but
(B) shall apply only with respect to weeks of
unemployment beginning on or after the date of
enactment of this Act, subject to paragraph (2).
(2) Special rules.--In the case of an individual for whom a
temporary extended unemployment compensation account was
established before the date of enactment of this Act, the
Temporary Extended Unemployment Compensation Act of 2002 (as
amended by this title) shall be applied subject to the
following:
(A) Any amounts deposited in the individual's
temporary extended unemployment compensation account by
reason of section 203(c) of such Act (commonly known as
``TEUC-X amounts'') before the date of enactment of
this Act shall be treated as amounts deposited by
reason of section 203(b) of such Act (commonly known as
``TEUC amounts''), as amended by subsection (a).
(B) For purposes of determining whether the
individual is eligible for any TEUC-X amounts under
such Act, as amended by this title--
(i) any determination made under section
203(c) of such Act before the application of
the amendments made by this title shall be
disregarded; and
(ii) any such determination shall instead
be made by applying section 203(c) of such Act,
as amended by this title--
(I) as of the time that all amounts
established in such account in
accordance with section 203(b) of such
Act (as amended by this title, and
including any amounts described in
subparagraph (A)) are in fact
exhausted, except that
(II) if such individual's account
was both augmented by and exhausted of
all TEUC-X amounts before the date of
enactment of this Act, such
determination shall be made as if
exhaustion (as described in section
203(c)(1) of such Act) had not occurred
until such date of enactment.
SEC. 104. TEUC-X TRIGGER FIX.
Section 203(c)(2)(B) is amended to read as follows:
``(B) such a period would then be in effect for
such State under such Act if--
``(i) section 203(d) of such Act were
applied as if it had been amended by striking
`5' each place it appears and inserting `4';
and
``(ii) with respect to weeks of
unemployment beginning on or after the date of
enactment of this clause--
``(I) paragraph (1)(A) of such
section 203(d) did not apply; and
``(II) clause (ii) of section
203(f)(1)(A) of such Act did not
apply.''.
TITLE II--RAILROAD UNEMPLOYMENT INSURANCE
SEC. 201. TEMPORARY INCREASE IN EXTENDED UNEMPLOYMENT BENEFITS UNDER
THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
Section 2(c)(2) of the Railroad Unemployment Insurance Act (45
U.S.C. 352(c)(2)) is amended by adding at the end the following:
``(D) Temporary increase in extended unemployment
benefits.--
``(i) Employees with 10 or more years of
service.--Subject to clause (iii), in the case
of an employee who has 10 or more years of
service (as so defined), with respect to
extended unemployment benefits--
``(I) subparagraph (A) shall be
applied by substituting ``130 days of
unemployment'' for ``65 days of
unemployment''; and
``(II) subparagraph (B) shall be
applied by inserting ``(or, in the case
of unemployment benefits, 13
consecutive 14-day periods'' after ``7
consecutive 14-day periods''.
``(ii) Employees with less than 10 years of
service.--Subject to clause (iii), in the case
of an employee who has less than 10 years of
service (as so defined), with respect to
extended unemployment benefits, this paragraph
shall apply to such an employee in the same
manner as this paragraph would apply to an
employee described in clause (i) if such clause
had not been enacted.
``(iii) Application.--The provisions of
clauses (i) and (ii) shall apply to an employee
who received normal benefits for days of
unemployment under this Act during the period
beginning on July 1, 2002, and ending before
July 1, 2004.''. | Unemployment Compensation Extension Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUC program; (2) provide for additional weeks of TEUC and TEUC-X benefits; and (3) revise unemployment rate triggers for TEUC-X benefit periods.
Extends the TEUC program through weeks of unemployment ending before July 1, 2004. Provides a phase-out period for individual payments up to weeks beginning after December 31, 2004.
Increases to 26 weeks an eligible individual's TEUC payments. Provides for an additional seven weeks of payments, for a total of 33 weeks, for individuals in high-unemployment States (TEUC-X). (Current law provides 13 weeks of regular TEUC payments, with an additional 13 and total 26 in TEUC-X States.)
Revises requirements for determining TEUC-X States, using certain triggers based on insured unemployment rates and on total unemployment rates.
Amends the Railroad Unemployment Insurance Act to provide a temporary increase in extended unemployment benefits. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
<greek-th> x
SECTION 1. SHORT TITLE.<greek-th> x
This Act may be cited as the ``Medicare Market Acquisition Drug
Price Act of 2003''.<greek-th> x
SEC. 2. REFORM OF PAYMENT FOR DRUGS AND BIOLOGICALS UNDER THE MEDICARE
PROGRAM.<greek-th> x
(a) Payment Reform.--<greek-th> x
(1) In general.--Section 1842(o) of the Social Security Act
(42 U.S.C. 1395u(o)) is amended to read as follows:
<greek-th> x
``(o) Payment for Drugs and Biologicals.--<greek-th> x
``(1) General rule.--If a physician's, supplier's, or any
other person's bill or request for payment for services
includes a charge for a drug or biological for which payment
may be made under this part and the drug or biological is not
paid on a cost or prospective payment basis as otherwise
provided in this part, the amount payable for the drug or
biological shall be based on the following:<greek-th> x
``(A) Multi-source (generic) drugs.--In the case of
a drug or biological that meets the requirements for a
multi-source drug under subclauses (I) and (II) of
section 1927(k)(7)(A)(i), 105 percent of the volume-
weighted median average acquisition price for any drug
or biological covered under the same medicare HCPCS
code.<greek-th> x
``(B) Single source (brand) drugs and
biologicals.--In the case of a drug or biological that
meets the requirements for a single source drug under
section 1927(k)(7)(A)(iv), 105 percent of the average
acquisition price for the drug or
biological.<greek-th> x
``(C) Access exception.--The Secretary may modify
the rate otherwise applicable in order to assure access
to necessary drugs and biologicals in the case of sole
community providers in rural and other areas where the
providers are not reasonably able to obtain the drugs
and biologicals at the payment rates otherwise
applicable. Such modification shall not result in a
change of more than 15 percent of the rate otherwise
applicable.<greek-th> x
``(D) Data-related exception.--If the Secretary
determines that there is insufficient data available
with respect to compute an average acquisition price
for a drug or biological for a quarter or that, because
of a significant change in price from quarter-to-
quarter, the available data on the average acquisition
price does not accurately reflect the actual, current
acquisition cost for the drug or biological, the
Secretary may substitute for the quarters involved an
appropriate payment for the drug or biological for such
average acquisition price.<greek-th> x
``(E) Application of ndc codes.--If the Secretary
determines that it is appropriate to provide for
payment under this subsection using national drug code
(NDC) instead of HCPCS codes, in applying subparagraph
(A) the reference to the same HCPCS code shall be
deemed a reference to the appropriate national drug
codes for those drugs or biologicals that are
therapeutically and pharmaceutically equivalent and
bioequivalent (as defined for purposes of section
1927(k)(7)(A)).<greek-th> x
``(2) Definition of average acquisition price.--
<greek-th> x
``(A) In general.--For purposes of this subsection,
the term `average acquisition price' means, with
respect to a drug or biological and with respect to
each dosage form and strength of the drug or biological
product (without regard to any special packaging,
labeling, or identifiers on the dosage form or product
or package), the average of all final sales prices
charged by the manufacturer of the drug or biological
product in the United States, excluding sales exempt
from inclusion in the calculation of best price under
section 1927(c)(1)(C) (other than under clause
(ii)(III) of such section) and excluding sales subject
to a rebate under section 1927, as reported under
paragraph (3).<greek-th> x
``(B) Net price.--Such average acquisition price
shall be calculated net of all of the following (as
estimated by the Secretary):<greek-th> x
``(i) Volume discounts.<greek-th> x
``(ii) Prompt pay discounts and cash
discounts.<greek-th> x
``(iii) Charge-backs.<greek-th> x
``(iv) Short-dated product discounts (for
spoilage and other factors).<greek-th> x
``(v) Free goods and services.<greek-th> x
``(vi) Rebates.<greek-th> x
``(vii) All other price concessions
provided by the drug manufacturer.<greek-th> x
The Secretary may make subsequent adjustments in such
average acquisition price to take into account updated
information and differences between the price
previously estimated and the actual average acquisition
price.<greek-th> x
``(C) Weighting.--The average of all final sales
prices described in subparagraph (A) shall be
determined by dividing--<greek-th> x
``(i) the sum of all final prices charged
by the manufacturer (net of the adjustments
made under subparagraph (B)) for sales in the
period involved that are included in
subparagraph (A) for the drug or biological,
by<greek-th> x
``(ii) the total number of units of such
sales in the period.<greek-th> x
``(D) Distribution of reports.--The Secretary shall
promptly distribute applicable payment rates under this
subsection to carriers and fiscal intermediaries and
other contractors that make payment for drugs and
biologicals under this section in order to apply a
uniform reimbursement rate under this
section.<greek-th> x
``(3) Price reporting requirement.--<greek-th> x
``(A) In general.--As a condition for payment for
any drug or biological of a manufacturer under this
subsection, the manufacturer of the drug or biological
shall--<greek-th> x
``(i) report, on a quarterly basis, to the
Secretary (or the Secretary's designee)
<greek-th> x <greek-th> x <greek-th> x <greek-th>
x <greek-th> x the manufacturer's average acquisition price and the
information required under subparagraph (C) for all drugs and
biologicals of the manufacturer by national drug code
(NDC);<greek-th> x
``(ii) maintain such records (in written or
electronic form) regarding such sales and
prices for all such drugs and biologicals as
may be necessary to audit the information so
reported or required to be reported;
and<greek-th> x
``(iii) provide the Secretary with access
to such records in order to permit the
Secretary to audit information so reported or
required to be reported.<greek-th> x
``(B) Penalties.--The provisions of section
1927(b)(3)(C) shall apply with respect to the reporting
of information under subparagraph (A) in the same
manner as it applies to the reporting of information
under section 1927(b)(3)(A), except that the reference
in clause (i) of such section to $10,000 is deemed a
reference to $100,000 and any reference to a suspension
of an agreement is deemed a reference to a suspension
of payment for the drug or biological involved under
this part. The Secretary shall promptly refer to the
Inspector General of the Department of Health and Human
Services and, if appropriate, to appropriate officials
in the Department of Justice cases in which the
Secretary becomes aware of a false price representation
made in the information submitted under this
paragraph.<greek-th> x
``(C) Form of reporting.--Information required to
be reported under subparagraph (A)(i) shall be reported
in a form and manner specified by the Secretary. The
information required to be reported shall include the
identification of the generic name of the drug or
biological and its brand name (if any), the national
drug code (NDC) and the HCPCS code assigned to the drug
or biological, the dosage form, strength, volume, and
package size involved. The information for a quarter
shall be submitted not later than 30 days after the end
of the quarter. The information shall be accompanied by
a written and signed certification by an officer of the
manufacturer attesting to the accuracy of the
information reported. Such information shall include
updated information on the net price realized (taking
into account rebates and other amounts affecting net
price), regardless of the period for which such a
rebate or other adjustment in net price might have been
earned.<greek-th> x
``(D) Auditing.--The Secretary shall audit on a
periodic basis information reported or required to be
reported under this paragraph. The Secretary may
conduct such independent price gathering activities,
such as surveys and review of published catalog
information or other transactional information, as may
be appropriate to verify the accuracy of the
information reported.<greek-th> x
``(4) Dispensing fee.--If payment for a drug or biological
is made to a licensed pharmacy approved to dispense drugs or
biologicals under this part, the Secretary shall pay a
dispensing fee (less the applicable deductible and coinsurance
amounts) to the pharmacy. Such a dispensing fee shall be
subject to adjustment from year to year based upon changes in
the consumer price index over time and may be adjusted as the
Secretary determines to be appropriate to reflect differences
in the costs of dispensing different drugs and
biologicals.<greek-th> x
``(5) Payment required on an assignment-related basis.--
<greek-th> x
``(A) In general.--Payment for a charge for any
drug or biological for which payment may be made under
this part may be made only on an assignment-related
basis. <greek-th> x
``(B) Application of enforcement provisions.--The
provisions of subsection (b)(18)(B) shall apply to
charges for such drugs or biologicals in the same
manner as they apply to services furnished by a
practitioner described in subsection
(b)(18)(C).''.<greek-th> x
(2) Effective date.--Subject to subsection (c)(2), the
amendment made by paragraph (1) shall apply to drugs and
biologicals furnished on or after January 1, 2004.<greek-th> x
(b) Revision in Practice Expense Payments.--<greek-th> x
(1) Adjustment in oncologist medical supply expenses.--In
computing the practice expense component of the physician fee
schedule under section 1848 of the Social Security Act (42
U.S.C. 1395w094) with respect to payment for services of
oncologists, the Secretary of Health and Human Services shall
make adjustments to oncologists' reported medical supply
expenses in order to ensure that such expenses better reflect
the actual supply costs of providing such
services.<greek-th> x
(2) Allocation of indirect expenses.--In establishing such
fee schedule, the Secretary shall change the allocation of
indirect expenses in a manner so that all services, including
services without direct physician involvement, are allocated
the appropriate share of indirect expenses.<greek-th> x
(3) Services without direct physician involvement.--In
establishing such fee schedule, the Secretary shall calculate
payments, for those services without direct physician
involvement under the basic method, using information on the
resources required for each services and, if deemed necessary,
shall validate the underlying resource-based estimates of
direct practice expenses required to provide each
service.<greek-th> x
(4) Budget neutral adjustment.--The changes in payment made
by this subsection shall not be treated as a change in law or
regulation described in section 1848(f)(2)(D) of the Social
Security Act (42 U.S.C. 1395w094(f)(2)(D)).<greek-th> x
(5) Effective date.--The provisions of this subsection
apply to payments for services furnished on or after January 1,
2004.<greek-th> x
(c) Study of Payments for Blood Clotting Factors and Other
Biologicals.--<greek-th> x
(1) In general.--The Secretary of Health and Human Services
shall provide for a study of the appropriateness of the
medicare payment methodology for blood clotting factors and
other biologicals under part B of title XVIII of the Social
Security Act. Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on such study and shall include in such report
recommendations regarding whether to apply the payment
methodology provided under the amendment made by subsection
(a)(1) and alternative recommendations for appropriate
dispensing fees.<greek-th> x
(2) Delay in effective date.--The amendment made by
subsection (a)(1) shall not apply to blood clotting factors
furnished before the first day of the first calendar year that
begins at least 6 months after the date the report under
paragraph (1) has been submitted to the
Congress.<greek-th> x <greek-th><greek-th> x
08 | Medicare Market Acquisition Drug Price Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise payment for drugs and biologicals under Medicare.Directs the Secretary of Health and Human Services, in computing the practice expense component of the Medicare physician fee schedule with respect to payment for services of oncologists, to make adjustments to an oncologist's reported medical supply expenses in order to ensure that they better reflect the actual supply costs of providing such services.Requires the Secretary to provide for a study of the appropriateness of the Medicare payment methodology for blood clotting factors and other biologicals. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``Federal Lands
Restoration, Enhancement, Public Education, and Information Resources
Act of 2005''.
(b) Findings.--Congress finds the following:
(1) Violations of laws and regulations applicable to the
use of Federal lands under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture often result in
damages to those lands that require expenditures for
restoration activities to mitigate the damages.
(2) Increased public information and education regarding
the laws and regulations applicable to the use of these Federal
lands can help to reduce the frequency of unintentional
violations.
(3) It is appropriate that fines and other monetary
penalties paid as a result of violations of laws and
regulations applicable to the use of these Federal lands be
used to defray the costs of such restoration activities and to
provide such public information and education.
SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE
TO PUBLIC LANDS FOR RESTORATION AND INFORMATIONAL
ACTIVITIES.
(a) Lands Under Jurisdiction of Bureau of Land Management.--Section
305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1735), is amended by adding at the end the following new subsection:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a fine imposed under
section 3571 of title 18, United States Code, for a violation
of a regulation prescribed under section 303(a) shall be
available to the Secretary, without further appropriation and
until expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
public lands rendered necessary by the action which led
to the fine or by similar actions.
``(B) To increase public awareness of regulations
and other requirements regarding the use of the public
lands.
``(2) Treatment of excess funds.--Moneys referred to in
paragraph (1) that the Secretary determines are excess to the
amounts necessary to carry out the purposes specified in such
paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(b) National Park System Lands.--Section 3 of the National Park
Service Organic Act (16 U.S.C. 3), is amended--
(1) by striking ``That the Secretary'' the first place it
appears and inserting ``(a) Regulations for Use and Management
of National Park System; Enforcement.--The Secretary'';
(2) by striking ``He may also'' the first place it appears
and inserting the following:
``(b) Special Management Authorities.--The Secretary of the
Interior may'';
(3) by striking ``He may also'' the second place it appears
and inserting ``The Secretary may'';
(4) by striking ``No natural,'' and inserting the
following:
``(c) Lease and Permit Authorities.--No natural''; and
(5) by adding at the end the following new subsection:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a fine imposed under
section 3571 of title 18, United States Code, for a violation
of a rule or regulation prescribed under this section shall be
available to the Secretary of the Interior, without further
appropriation and until expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
National Park System lands rendered necessary by the
action which led to the fine or by similar actions.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of such lands.
``(2) Treatment of excess funds.--Moneys referred to in
paragraph (1) that the Secretary determines are excess to the
amounts necessary to carry out the purposes specified in such
paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(c) National Wildlife Refuge System Lands.--Subsection (f) of
section 4 of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd) is amended by adding at the end the following
new paragraphs:
``(3) Use of collected fines.--Any moneys received by the
United States as a result of a fine imposed under section 3571
of title 18, United States Code, for a violation of this Act or
a regulation issued thereunder shall be available to the
Secretary, without further appropriation and until expended,
for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
System lands rendered necessary by the action which led
to the fine or by similar actions.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of System lands.
``(4) Treatment of excess funds.--Moneys referred to in
paragraph (3) that the Secretary determines are excess to the
amounts necessary to carry out the purposes specified in such
paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(d) National Forest System Lands.--The eleventh undesignated
paragraph under the heading ``surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551), is amended----
(1) by inserting before the first sentence the following:
``SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS.
``(a) Regulations for Use and Protection of National Forest
System.--'';
(2) by striking ``destruction; and any violation'' and
inserting the following: ``destruction.
``(b) Violations; Penalties.--Any violation''; and
(3) by adding at the end the following new subsection:
``(c) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a collateral payment in
lieu of appearance or a fine imposed under section 3571 of
title 18, United States Code, for a violation of a regulation
issued under subsection (a) shall be available to the Secretary
of Agriculture, without further appropriation and until
expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on
National Forest System lands rendered necessary by the
action which led to the fine or payment.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of such lands.
``(2) Treatment of excess funds.--Moneys referred to in
paragraph (1) that the Secretary of Agriculture determines are
excess to the amounts necessary to carry out the purposes
specified in such paragraph shall be transferred to the Crime
Victims Fund established by section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601).''. | Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act of 2005 - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and Federal law relating to National Forest System Lands, to make available any moneys received from fines or any moneys received from collateral payments in lieu of appearance for violations of rules and regulations applicable to Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for certain restoration and public informational activities on such lands. Transfers any such excess funds to the Crime Victims Fund established under the Victims of Crime Act of 1984. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Functional Gastrointestinal and
Motility Disorders Research Enhancement Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Functional gastrointestinal and motility disorders
(FGIMDs) are chronic conditions associated with increased
sensitivity of the GI tract, abnormal motor functioning, and
brain-gut dysfunction.
(2) FGIMDs are characterized by symptoms in the GI tract
including pain or discomfort, nausea, vomiting, diarrhea,
constipation, incontinence, problems in the passage of food or
feces, or a combination of these symptoms.
(3) FGIMDs include conditions such as dysphagia,
gastroesophageal reflux disease, dyspepsia, cyclic vomiting
syndrome, gastroparesis, irritable bowel syndrome (IBS),
Hirschsprung's disease, chronic intestinal pseudo-obstruction,
bowel incontinence, and many others, which affect the
esophagus, stomach, gallbladder, small and large intestine, and
anorectal areas of the body.
(4) The severity of FGIMDs ranges from mildly uncomfortable
to debilitating and in some cases life-threatening.
(5) Effective treatments for the multiple symptoms of
FGIMDs are lacking, and while sufferers frequently use a
variety of medications and therapies for symptoms, few patients
report satisfaction with available treatments.
(6) Patients with FGIMDs frequently suffer for years before
receiving an accurate diagnosis, exposing them to unnecessary
and costly tests and procedures including surgeries, as well as
needless suffering and expense.
(7) The economic impact of FGIMDs is high. The annual cost
in the United States for IBS alone is estimated to be between
$1.7 billion and $10 billion in direct medical costs (excluding
prescription and over-the-counter medications) and $20 billion
in indirect medical costs.
(8) FGIMDs frequently take a toll on the workplace, as
reflected in work absenteeism, lost productivity, and lost
opportunities for the individual and society.
(9) Gastrointestinal symptoms consistent with functional
gastrointestinal disorders such as IBS and functional dyspepsia
have been recognized as a serious and disabling issue for
military veterans, particularly those who have been deployed.
(10) FGIMDs affect individuals of all ages including
children, and pediatric FGIMDs can be particularly serious,
leading to a lifetime of painful symptoms and medical expenses
associated with management of chronic illness or death.
(11) The National Institutes of Health's National
Commission on Digestive Diseases identified comprehensive
research goals related to FGIMDs in its April 2009 report to
Congress and the American public entitled ``Opportunities and
Challenges in Digestive Diseases Research: Recommendations of
the National Commission on Digestive Diseases''.
SEC. 3. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS RESEARCH
ENHANCEMENT.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS.
``The Director of NIH may expand, intensify, and coordinate the
activities of the National Institutes of Health with respect to
functional gastrointestinal and motility disorders (in this section
referred to as `FGIMDs') by--
``(1) expanding basic and clinical research into FGIMDs by
implementing the research recommendations of the National
Commission on Digestive Diseases relating to FGIMDs;
``(2) providing support for the establishment of up to five
centers of excellence on FGIMDs at leading academic medical
centers throughout the country to carry out innovative basic,
translational, and clinical research focused on FGIMDs;
``(3) exploring collaborative research opportunities among
the National Institute of Diabetes and Digestive and Kidney
Diseases, the Office of Research on Women's Health, the Office
of Rare Disease Research, and other Institutes and Centers of
the National Institutes of Health;
``(4) directing the National Institute of Diabetes and
Digestive and Kidney Diseases to provide the necessary funding
for continued expansion and advancement of the FGIMDs research
portfolio through intramural and extramural research;
``(5) directing the National Institute of Diabetes and
Digestive and Kidney Diseases and the Eunice Kennedy Shriver
National Institute of Child Health and Human Development to
expand research into FGIMDs that impact children, such as
Hirschsprung's disease and cyclic vomiting syndrome, and
maternal health, such as fecal incontinence; and
``(6) exploring opportunities to partner with the
Department of Defense and the Department of Veterans Affairs to
increase research and improve patient care regarding FGIMDs
that commonly impact veterans and active duty military
personnel, such as IBS and dyspepsia.''.
SEC. 4. PROMOTING PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND
MOTILITY DISORDERS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding at the end the following:
``SEC. 320B. PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND
MOTILITY DISORDERS.
``The Secretary may engage in public awareness and education
activities to increase understanding and recognition of functional
gastrointestinal and motility disorders (in this section referred to as
`FGIMDs'). Such activities may include the distribution of print, film,
and web-based materials targeting health care providers and the public
and prepared and disseminated in conjunction with patient organizations
that treat FGIMDs. The information expressed through such activites
should emphasize--
``(1) basic information on FGIMDs, their symptoms,
prevalence, and frequently co-occurring conditions; and
``(2) the importance of early diagnosis, and prompt and
accurate treatment of FGIMDs.''.
SEC. 5. SENSE OF CONGRESS ON THE DEVELOPMENT AND OVERSIGHT OF
INNOVATIVE TREATMENT OPTIONS FOR FUNCTIONAL
GASTROINTESTINAL AND MOTILITY DISORDERS.
It is the sense of Congress that, considering the current lack of
effective treatment options for the global symptoms of functional
gastrointestinal and motility disorders (in this section referred to as
``FGIMDs'') and the inherent challenges of developing and bringing such
treatments to market, the Commissioner of Food and Drugs should
continue and accelerate important efforts to improve the development
and oversight of treatment options for FGIMDs by--
(1) enhancing the commitment to emerging efforts like the
Patient Reported Outcomes Consortium to expedite medical device
and drug development, study appropriate balances between risk
and patient benefit, and identify proper endpoints for
conditions without clear, biological indicators;
(2) enhancing the commitment to broad efforts like the
Critical Path Initiative focused on ensuring that scientific
breakthroughs are quickly translated into safe and beneficial
treatment options; and
(3) continuing collaboration with patient organizations
that treat FGIMDs so that the patient perspective is considered
when determining the need for innovative treatments. | Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH activities with respect to functional gastrointestinal and motility disorders (FGIMDs), including by: (1) expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases, (2) providing support for the establishment of centers of excellence on FGIMDs, (3) directing the National Institute of Diabetes and Digestive and Kidney Diseases to provide the necessary funding for the continued expansion and advancement of the FGIMDs research portfolio through intramural and extramural research, and (4) directing such Institute and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children.
Authorizes the Secretary of Health and Human Services (HHS) to engage in public awareness and education activities to increase understanding and recognition of FGIMDs. |
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SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE
DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled
``An Act to provide for the organization of the militia of the District
of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49-
409, D.C. Official Code), is amended by striking ``President of the
United States'' and inserting ``Mayor of the District of Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C.
Official Code) is amended by striking ``President of the United
States'' and inserting ``Mayor of the District of Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a) of such
Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''; and
(B) by striking ``President.'' and inserting ``Mayor.''.
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is
amended by striking ``President'' and inserting ``Mayor of the District
of Columbia''.
(3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is
amended by striking ``President of the United States'' and inserting
``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``to the Secretary of
the Army'' and all that follows through ``which board'' and
inserting ``to a board of examination appointed by the
Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of the
Army'' and all that follows through the period and inserting
``the Mayor of the District of Columbia, together with any
recommendations of the Commanding General.''.
(5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is
amended--
(A) by striking ``President of the United States'' each
place it appears and inserting ``Mayor of the District of
Columbia''; and
(B) by striking ``the President may retire'' and inserting
``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C.
Official Code) is amended by striking ``, or for the United States
Marshal'' and all that follows through ``shall thereupon order'' and
inserting ``to order''.
(2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is
amended by striking ``the President'' and inserting ``the Mayor of the
District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec. 49-503,
D.C. Official Code) is amended by striking ``the President of the
United States'' and inserting ``the Mayor of the District of
Columbia''.
SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Detail for Training.--(1) Section 4301(c) of title 10, United
States Code, is amended by striking ``governor or other appropriate
authority of the State or Territory, Puerto Rico, or the District of
Columbia'' and inserting ``Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia''.
(2) Section 9301(c) of such title is amended by striking ``governor
or other appropriate authority of the State or Territory, Puerto Rico,
or the District of Columbia'' and inserting ``Governor of the State,
Territory, or Puerto Rico or the Mayor of the District of Columbia''.
(b) Failure To Satisfactorily Perform Prescribed Training.--Section
10148(b) of such title is amended by striking ``the commanding general
of the District of Columbia National Guard'' and inserting ``the Mayor
of the District of Columbia''.
(c) Appointment of Chief of National Guard Bureau.--Section
10502(a)(1) of such title is amended by striking ``the commanding
general of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(d) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of
such title is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the Mayor of the
District of Columbia''.
(e) Other Senior National Guard Bureau Officers.--Section 10506(1)
of such title is amended by striking ``the commanding general of the
District of Columbia National Guard'' both places it appears and
inserting ``the Mayor of the District of Columbia''.
(f) Consent for Active Duty or Relocation.--(1) Section 12301 of
title 10, United States Code, is amended--
(A) in subsection (b), by striking ``commanding general of
the District of Columbia National Guard'' in the second
sentence and inserting ``Mayor of the District of Columbia'';
and
(B) in subsection (d), by striking ``governor or other
appropriate authority of the State concerned'' and inserting
``governor of the State (or, in the case of the District of
Columbia National Guard, the Mayor of the District of
Columbia)''.
(2) Section 12406 of such title is amended by striking ``the
commanding general of the National Guard of the District of Columbia''
and inserting ``the Mayor of the District of Columbia''.
(g) Consent for Relocation of Units.--Section 18238 of such title
is amended by striking ``, in the case of the District of Columbia, the
commanding general of the National Guard of the District of Columbia''
and inserting ``the Mayor of the District of Columbia, as the case may
be''.
SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title 32,
United States Code, is amended by striking ``(or commanding general in
the case of the District of Columbia)''.
(b) Drug Interdiction and Counter-Drug Activities.--Section
112(i)(2) of such title is amended by striking ``the Commanding General
of the National Guard of the District of Columbia'' and inserting ``the
Mayor of the District of Columbia''.
(c) Appointment of Adjutant General.--Section 314 of such title is
amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by striking
``the commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia,''.
(d) Personnel Matters.--(1) Section 327(a) of such title is amended
by striking ``the commanding general of the National Guard of the
District of Columbia'' and inserting ``the Mayor of the District of
Columbia, as the case may be''.
(2) Section 331 of such title is amended by striking ``its
commanding general'' and inserting ``the Mayor of the District of
Columbia''.
(3) Section 505 of such title is amended by striking ``commanding
general of the National Guard of the District of Columbia'' in the
first sentence and inserting ``Mayor of the District of Columbia''.
(e) National Guard Challenge Program.--Section 509 of such title is
amended--
(1) in subsection (c)(1), by striking ``the commanding
general of the District of Columbia National Guard, under which
the Governor or the commanding general'' and inserting ``the
Mayor of the District of Columbia, under which the Governor or
the Mayor'';
(2) in subsection (g)(2), by striking ``the commanding
general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia'';
(3) in subsection (j), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''; and
(4) in subsection (k), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(f) Issuance of Supplies.--Section 702(a) of such title is amended
by striking ``commanding general of the National Guard of the District
of Columbia'' and inserting ``Mayor of the District of Columbia''.
(g) Appointment of Fiscal Officer.--Section 708(a) of such title is
amended by striking ``commanding general of the National Guard of the
District of Columbia'' and inserting ``Mayor of the District of
Columbia''.
SEC. 4. CONFORMING AMENDMENT TO GUARD AND RESERVE TRANSITION
INITIATIVES.
Section 4416(a)(3) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is amended by
striking ``or territory, Puerto Rico, or the District of Columbia'' and
inserting ``, territory, or the Commonwealth of Puerto Rice, or the
Mayor of the District of Columbia''.
SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT.
Section 602(b) of the District of Columbia Home Rule Act (sec. 1-
206.02(b), D.C. Official Code) is amended by striking ``the National
Guard of the District of Columbia,''. | Makes the Mayor of the District of Columbia the Commander-in-Chief of the District's militia in lieu of the President. Grants to the Mayor: (1) administrative authority with respect to the reserve corps of the District's National Guard; (2) authority to appoint and commission the militia's Commanding General, Adjutant General, and all other commissioned officers; and (3) sole authority to call for duty a portion of the militia to suppress a riot in the District. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Sentencing Act of 2010''.
SEC. 2. COCAINE SENTENCING DISPARITY REDUCTION.
(a) CSA.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(iii), by striking ``50 grams'' and
inserting ``280 grams''; and
(2) in subparagraph (B)(iii), by striking ``5 grams'' and
inserting ``28 grams''.
(b) Import and Export Act.--Section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)(C), by striking ``50 grams'' and inserting
``280 grams''; and
(2) in paragraph (2)(C), by striking ``5 grams'' and inserting
``28 grams''.
SEC. 3. ELIMINATION OF MANDATORY MINIMUM SENTENCE FOR SIMPLE
POSSESSION.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a))
is amended by striking the sentence beginning ``Notwithstanding the
preceding sentence,''.
SEC. 4. INCREASED PENALTIES FOR MAJOR DRUG TRAFFICKERS.
(a) Increased Penalties for Manufacture, Distribution,
Dispensation, or Possession With Intent To Manufacture, Distribute, or
Dispense.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended--
(1) in subparagraph (A), by striking ``$4,000,000'',
``$10,000,000'', ``$8,000,000'', and ``$20,000,000'' and inserting
``$10,000,000'', ``$50,000,000'', ``$20,000,000'', and
``$75,000,000'', respectively; and
(2) in subparagraph (B), by striking ``$2,000,000'',
``$5,000,000'', ``$4,000,000'', and ``$10,000,000'' and inserting
``$5,000,000'', ``$25,000,000'', ``$8,000,000'', and
``$50,000,000'', respectively.
(b) Increased Penalties for Importation and Exportation.--Section
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended--
(1) in paragraph (1), by striking ``$4,000,000'',
``$10,000,000'', ``$8,000,000'', and ``$20,000,000'' and inserting
``$10,000,000'', ``$50,000,000'', ``$20,000,000'', and
``$75,000,000'', respectively; and
(2) in paragraph (2), by striking ``$2,000,000'',
``$5,000,000'', ``$4,000,000'', and ``$10,000,000'' and inserting
``$5,000,000'', ``$25,000,000'', ``$8,000,000'', and
``$50,000,000'', respectively.
SEC. 5. ENHANCEMENTS FOR ACTS OF VIOLENCE DURING THE COURSE OF A DRUG
TRAFFICKING OFFENSE.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall review and
amend the Federal sentencing guidelines to ensure that the guidelines
provide an additional penalty increase of at least 2 offense levels if
the defendant used violence, made a credible threat to use violence, or
directed the use of violence during a drug trafficking offense.
SEC. 6. INCREASED EMPHASIS ON DEFENDANT'S ROLE AND CERTAIN AGGRAVATING
FACTORS.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall review and
amend the Federal sentencing guidelines to ensure an additional
increase of at least 2 offense levels if--
(1) the defendant bribed, or attempted to bribe, a Federal,
State, or local law enforcement official in connection with a drug
trafficking offense;
(2) the defendant maintained an establishment for the
manufacture or distribution of a controlled substance, as generally
described in section 416 of the Controlled Substances Act (21
U.S.C. 856); or
(3)(A) the defendant is an organizer, leader, manager, or
supervisor of drug trafficking activity subject to an aggravating
role enhancement under the guidelines; and
(B) the offense involved 1 or more of the following super-
aggravating factors:
(i) The defendant--
(I) used another person to purchase, sell, transport,
or store controlled substances;
(II) used impulse, fear, friendship, affection, or some
combination thereof to involve such person in the offense;
and
(III) such person had a minimum knowledge of the
illegal enterprise and was to receive little or no
compensation from the illegal transaction.
(ii) The defendant--
(I) knowingly distributed a controlled substance to a
person under the age of 18 years, a person over the age of
64 years, or a pregnant individual;
(II) knowingly involved a person under the age of 18
years, a person over the age of 64 years, or a pregnant
individual in drug trafficking;
(III) knowingly distributed a controlled substance to
an individual who was unusually vulnerable due to physical
or mental condition, or who was particularly susceptible to
criminal conduct; or
(IV) knowingly involved an individual who was unusually
vulnerable due to physical or mental condition, or who was
particularly susceptible to criminal conduct, in the
offense.
(iii) The defendant was involved in the importation into
the United States of a controlled substance.
(iv) The defendant engaged in witness intimidation,
tampered with or destroyed evidence, or otherwise obstructed
justice in connection with the investigation or prosecution of
the offense.
(v) The defendant committed the drug trafficking offense as
part of a pattern of criminal conduct engaged in as a
livelihood.
SEC. 7. INCREASED EMPHASIS ON DEFENDANT'S ROLE AND CERTAIN MITIGATING
FACTORS.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall review and
amend the Federal sentencing guidelines and policy statements to ensure
that--
(1) if the defendant is subject to a minimal role adjustment
under the guidelines, the base offense level for the defendant
based solely on drug quantity shall not exceed level 32; and
(2) there is an additional reduction of 2 offense levels if the
defendant--
(A) otherwise qualifies for a minimal role adjustment under
the guidelines and had a minimum knowledge of the illegal
enterprise;
(B) was to receive no monetary compensation from the
illegal transaction; and
(C) was motivated by an intimate or familial relationship
or by threats or fear when the defendant was otherwise unlikely
to commit such an offense.
SEC. 8. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.
The United States Sentencing Commission shall--
(1) promulgate the guidelines, policy statements, or amendments
provided for in this Act as soon as practicable, and in any event
not later than 90 days after the date of enactment of this Act, in
accordance with the procedure set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note), as though the
authority under that Act had not expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and applicable
law.
SEC. 9. REPORT ON EFFECTIVENESS OF DRUG COURTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report analyzing the effectiveness of drug court programs
receiving funds under the drug court grant program under part EE of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797-u et seq.).
(b) Contents.--The report submitted under subsection (a) shall--
(1) assess the efforts of the Department of Justice to collect
data on the performance of federally funded drug courts;
(2) address the effect of drug courts on recidivism and
substance abuse rates;
(3) address any cost benefits resulting from the use of drug
courts as alternatives to incarceration;
(4) assess the response of the Department of Justice to
previous recommendations made by the Comptroller General regarding
drug court programs; and
(5) make recommendations concerning the performance, impact,
and cost-effectiveness of federally funded drug court programs.
SEC. 10. UNITED STATES SENTENCING COMMISSION REPORT ON IMPACT OF
CHANGES TO FEDERAL COCAINE SENTENCING LAW.
Not later than 5 years after the date of enactment of this Act, the
United States Sentencing Commission, pursuant to the authority under
sections 994 and 995 of title 28, United States Code, and the
responsibility of the United States Sentencing Commission to advise
Congress on sentencing policy under section 995(a)(20) of title 28,
United States Code, shall study and submit to Congress a report
regarding the impact of the changes in Federal sentencing law under
this Act and the amendments made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.
Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.
Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.
Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workers' Compensation
Modernization and Improvement Act''.
SEC. 2. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE NURSES.
(a) Definition of Medical Services.--Section 8101(3) of title 5,
United States Code, is amended--
(1) by striking ``law. Reimbursable'' and inserting ``law
(reimbursable''; and
(2) by inserting before the semicolon, the following: ``,
and medical services may include treatment by a physician
assistant or advanced practice nurse, such as a nurse
practitioner, within the scope of their practice as defined by
State law, consistent with regulations prescribed by the
Secretary of Labor)''.
(b) Medical Services and Other Benefits.--Section 8103 of title 5,
United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a), the following:
``(b) Medical services furnished or prescribed pursuant to
subsection (a) may include treatment by a physician assistant or
advanced practice nurse, such as a nurse practitioner, within the scope
of their practice as defined by State law, consistent with regulations
prescribed by the Secretary of Labor.''.
(c) Certification of Traumatic Injury.--Section 8121(6) of title 5,
United States Code, is amended by inserting before the period, the
following: ``(except that in a case of a traumatic injury, a physician
assistant or advanced practice nurse, such as a nurse practitioner,
within the scope of their practice as defined by State law, may also
provide certification of such traumatic injury and related disability
during the continuation of pay period covered by section 8118, in a
manner consistent with regulations prescribed by the Secretary of
Labor)''.
SEC. 3. COVERING TERRORISM INJURIES.
Section 8102(b) of title 5, United States Code, is amended in the
matter preceding paragraph (1)--
(1) by inserting ``or from an attack by a terrorist or
terrorist organization, either known or unknown,'' after
``force or individual,''; and
(2) by striking ``outside'' and all that follows through
``1979)'' and inserting ``outside of the United States''.
SEC. 4. DISFIGUREMENT.
Section 8107(c)(21) of title 5, United States Code--
(1) by striking ``For'' and inserting the following: ``(A)
Except as provided under subparagraph (B), for''; and
(2) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), for an injury
occurring during the 3-year period prior to the date of
enactment of the Federal Workers' Compensation Modernization
and Improvement Act for which the Secretary of Labor has not
made a compensation determination on disfigurement under
subparagraph (A), or for an injury occurring on or after the
date of enactment of such Act resulting in a serious
disfigurement of the face, head, or neck, proper and equitable
compensation in proportion to the severity of the
disfigurement, not to exceed $50,000, as determined by the
Secretary, shall be awarded in addition to any other
compensation payable under this schedule. The applicable
maximum compensation for disfigurement provided under this
subparagraph shall be adjusted annually on March 1 in
accordance with the percentage amount determined by the cost of
living adjustment in section 8146a.''.
SEC. 5. SOCIAL SECURITY EARNINGS INFORMATION.
Section 8116 of title 5, United States Code, is amended by adding
at the end the following:
``(e) Notwithstanding any other provision of law, the Secretary of
Labor may require, as a condition of receiving any benefits under this
subchapter, that a claimant for such benefits consent to the release by
the Social Security Administration of the Social Security earnings
information of such claimant.''.
SEC. 6. CONTINUATION OF PAY IN A ZONE OF ARMED CONFLICT.
Section 8118 of title 5, United States Code, is amended--
(1) in subsection (b), by striking ``Continuation'' and
inserting ``Except as provided under subsection (e)(2),
continuation'';
(2) in subsection (c), by striking ``subsections (a) and
(b)'' and inserting ``subsections (a) and (b) or subsection
(e),'';
(3) in subsection (d), by striking ``subsection (a)'' and
inserting ``subsection (a) or (e)'';
(4) by redesignating subsection (e) as subsection (f); and
(5) by inserting after subsection (d) the following:
``(e) Continuation of Pay in a Zone of Armed Conflict.--
``(1) In general.--Notwithstanding subsection (a), the
United States shall authorize the continuation of pay of an
employee as defined in section 8101(1) of this title (other
than those referred to in subparagraph (B) or (E)), who has
filed a claim for a period of wage loss due to traumatic injury
in performance of duty in a zone of armed conflict (as so
determined by the Secretary of Labor under paragraph (3)), as
long as the employee files a claim for such wage loss benefit
with his immediate superior not later than 45 days following
termination of assignment to the zone of armed conflict or
return to the United States, whichever occurs later.
``(2) Continuation of pay.--Notwithstanding subsection (b),
continuation of pay under this subsection shall be furnished
for a period not to exceed 135 days without any break in time
or waiting period, unless controverted under regulations
prescribed by the Secretary of Labor.
``(3) Determination of zones of armed conflict.--For
purposes of this subsection, the Secretary of Labor, in
consultation with the Secretary of State and the Secretary of
Defense, shall determine whether a foreign country or other
foreign geographic area outside of the United States (as that
term is defined in section 202(7) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4302(7))) is a zone of armed
conflict based on whether--
``(A) the Armed Forces of the United States are
involved in hostilities in the country or area;
``(B) the incidence of civil insurrection, civil
war, terrorism, or wartime conditions threatens
physical harm or imminent danger to the health or well-
being of United States civilian employees in the
country or area;
``(C) the country or area has been designated a
combat zone by the President under section 112(c) of
the Internal Revenue Code of 1986 (26 U.S.C. 112(c));
``(D) a contingency operation involving combat
operations directly affects civilian employees in the
country or area; or
``(E) there exist other relevant conditions and
factors.''.
SEC. 7. SUBROGATION OF CONTINUATION OF PAY.
(a) Subrogation of the United States.--Section 8131 of title 5,
United States Code, is amended--
(1) in subsection (a), by inserting ``continuation of pay
or'' before ``compensation''; and
(2) in subsection (c), by inserting ``continuation of pay
or'' before ``compensation already paid''.
(b) Adjustment After Recovery From A Third Person.--Section 8132 of
title 5, United States Code, is amended--
(1) by inserting ``continuation of pay or'' before
``compensation'' the first, second, fourth, and fifth place it
appears;
(2) by striking ``in his behalf'' and inserting ``on his
behalf''; and
(3) by inserting ``continuation of pay and'' before
``compensation'' the third place it appears.
SEC. 8. FUNERAL EXPENSES.
Section 8134 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``If'' and inserting
``Except as provided in subsection (b), if'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Notwithstanding subsection (a), for deaths occurring on or
after the date of enactment of the Federal Workers' Compensation
Modernization and Improvement Act, if death results from an injury
sustained in the performance of duty, the United States shall pay, to
the personal representative of the deceased or otherwise, funeral and
burial expenses not to exceed $6,000, in the discretion of the
Secretary of Labor. The applicable maximum compensation for burial
expenses provided under this subsection shall be adjusted annually on
March 1 in accordance with the percentage amount determined by the cost
of living adjustment in section 8146a.''.
SEC. 9. EMPLOYEES' COMPENSATION FUND.
Section 8147 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``except administrative expenses''
and inserting ``including administrative expenses'';
and
(B) by striking the last 2 sentences; and
(2) in subsection (b)--
(A) in the first sentence, by inserting before the
period ``and an estimate of a pro-rata share of the
amount of funds necessary to administer this subchapter
for the fiscal year beginning in the next calendar
year''; and
(B) in the second sentence, by striking ``costs''
and inserting ``amount set out in the statement of
costs and administrative expenses furnished pursuant to
this subsection''.
SEC. 10. CONFORMING AMENDMENT.
Section 8101(1)(D) of title 5, United States Code, is amended by
inserting before the semicolon ``who suffered an injury on or prior to
March 3, 1979''.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act, shall take effect 60 days after the date of enactment of this
Act.
SEC. 12. PAYGO COMPLIANCE.
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.
Passed the House of Representatives November 29, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Federal Workers' Compensation Modernization and Improvement Act - Modifies the definition of "medical, surgical, and hospital services and supplies" under the Federal Employees' Compensation Act (FECA) to include physician assistants and advanced practice nurses and to provide for the reimbursement for services provided by such assistants and nurses. Permits such assistants and nurses to certify disability due to traumatic injury during a continuation of pay period.
Extends eligibility for compensation under FECA for disability or death resulting from an attack by a terrorist or terrorist organization.
Allows additional FECA benefits, up to $50,000, for workers who sustain an injury that results in a serious disfigurement of the face, head, or neck.
Authorizes the Secretary of Labor to require, as a condition of receiving compensation under FECA, a claimant to consent to the release by the Social Security Administration (SSA) of such claimant's social security earnings information.
Provides for the continuation of pay, for up to 135 days, of an employee who has filed a claim for wage loss due to a traumatic injury in a zone of armed conflict. Requires a claim for wage loss to be filed not later than 45 days following termination of assignment to the zone of armed conflict or return to the United States, whichever occurs later. Grants a right of subrogation to the United States for the continuation of pay of a federal employee.
Allows payment of up to $6,000 of funeral and burial expenses for deaths of federal employees that result from an injury sustained in the performance of duty.
Allows payment of administrative expenses from the Employees' Compensation Fund.
Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010. |
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 ``Hudson River Valley Special Resource
Study Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area''--
(A) means the portion of the Hudson River that
flows from Rodgers Island at Fort Edward to the
southern-most boundary of Westchester County, New York;
and
(B) includes any relevant sites and landscapes
within the counties in New York that abut the area
described in subparagraph (A).
SEC. 3. FINDINGS.
Congress finds as follows:
(1) The Hudson River Valley possesses important and unique
cultural, historical, natural, recreational and scenic
resources that have been central to the development and
sustainment of our Nation.
(2) The Hudson River Valley encompasses a rich array of
sensitive natural resources ranging from the River itself and
its vast estuarine district, to its wetlands, refuges, parks,
forests, farmlands, preserves, cliffs, mountains, and valleys.
(3) The Hudson River and its tributaries are home to a
number of rare and threatened animal species, habitats, and
plants.
(4) The Hudson River Valley is home to myriad biking,
heritage, pedestrian and scenic trail systems on the eastern
and western sides of the River that are now connected by the
Walkway Over the Hudson bridge, which has been designated as a
National Recreation Trail.
(5) Throughout history, the Hudson River Valley has played
a central role in the development of our nation, starting from
the vibrant Native American communities that first inhabited
the land, to Henry Hudson's voyage up the river later named for
him in the vessel Half Moon in 1609 and later with the American
Revolution, the debate on our Constitution, the first
successful steamboat voyage by Robert Fulton in 1807, the
Industrial Revolution, and the modern labor and environmental
movements.
(6) The Hudson River Valley gave birth to important
movements in American art, architecture and literature through
the work of Andrew Jackson Downing, Alexander Jackson Davis,
Thomas Cole, Frederick Church and their associates from the
Hudson River School of Art, as well as through authors such as
Washington Irving, James Fenimore Cooper, William Cullen
Bryant, Susan and Anna Warner, and John Burroughs.
(7) The depictions and descriptions of the Hudson River
Valley's renowned scenery and natural resources played a
central role in the recognition of the value of the landscape
and the development of an American esthetic and environmental
ideal.
(8) A 1996 National Park Service study called the Hudson
River Valley ``the landscape that defined America.''.
(9) The Hudson River Valley has been the subject of
multiple State and Federal inventories, studies, and plans that
should greatly assist a National Park Service special resource
study.
SEC. 4. AUTHORIZATION OF STUDY.
(a) In General.--As soon as funds are made available for this
purpose, the Secretary shall complete a study of the Hudson River
Valley in the State of New York to evaluate--
(1) the national significance of the area; and
(2) the suitability and feasibility of designating the area
as a unit of the National Park System.
(b) Study Guidelines.--In conducting the study under subsection
(a), the Secretary shall--
(1) use the criteria for the study of areas for potential
inclusion in the National Park System included in section 8 of
Public Law 91-383, as amended by section 303 of the National
Parks Omnibus Management Act of 1998 (Public Law 105-391; 112
Stat. 3501); and
(2) closely examine park unit models, in particular
national river and recreation areas, as well as other landscape
protection models, that--
(A) encompass large areas of non-Federal lands
within their designated boundaries;
(B) foster public and private collaborative
arrangements for achieving National Park Service
objectives; and
(C) protect and respect the rights of private land
owners.
SEC. 5. REPORT.
Not later than 24 months after the date that funds are first made
available for this purpose, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report on the
findings, conclusions, and recommendations of the study authorized by
this Act. | Hudson River Valley Special Resource Study Act - Directs the Secretary of the Interior to complete a study of the Hudson River Valley in the state of New York to evaluate: (1) the national significance of the part of the Hudson River that flows from Rodgers Island at Fort Edward to the southern-most boundary of Westchester County, New York, including any relevant sites and landscapes within counties in New York that abut that part of the River (the study area); and (2) the suitability and feasibility of designating the study area as a unit of the National Park System. |
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 Better Choice in Dialysis
Act of 2006''.
SEC. 2. MEDICARE PILOT PROJECT FOR PAYMENT FOR MORE FREQUENT
HEMODIALYSIS TREATMENT.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
implement a 5-year pilot project to measure the impact of increasing
the payment amount otherwise provided under section 1881(b) of the
Social Security Act (42 U.S.C. 1395rr(b)), based upon the provision of
hemodialysis treatment more frequently than 3 times per week.
(b) Increased Payment Amount.--
(1) In general.--Under the pilot project, subject to
paragraph (2), the increase in payment amount shall be, in the
case of hemodialysis treatment provided--
(A) for a 4th session in a week, 70 percent of the
full composite rate;
(B) for a 5th session in a week, 40 percent of the
full composite rate;
(C) for a 6th session in a week, 30 percent of the
full composite rate;
(D) for a 7th session in a week, 20 percent of the
full composite rate; and
(E) for any subsequent session in a week, no
additional payment amount.
(2) Funding limitation.--The pilot program shall be
structured in a manner so that the total additional amounts
paid under the program for hemodialysis treatment during--
(A) its first year of operation does not exceed
$15,000,000;
(B) its second year of operation does not exceed
$30,000,000;
(C) its third year of operation does not exceed
$50,000,000;
(D) its fourth year of operation does not exceed
$75,000,000; and
(E) its fifth year of operation does not exceed
$90,000,000.
No expenditures shall be made for hemodialysis treatment under
the pilot program after its fifth year of operation.
(3) Funding from smi trust fund.--Funds from the Federal
Supplementary Medical Insurance Trust Fund under section 1841
of the Social Security Act (42 U.S.C. 1395t) shall be
available, in advance of appropriations, to meet obligations
arising from the pilot program under this section.
(c) Data Collection and Analysis.--
(1) Data collection.--The Secretary shall provide for the
collection of data to measure the clinical and financial impact
of higher frequency hemodialysis treatments, including its
impact on--
(A) health status and on the utilization of, and
expenditures for, other health care services, including
for separately-billable drugs, such as erythropoietin
(also known as Epogen), iron, and hospitalizations; and
(B) patients' working status, resulting in--
(i) a reduction in Social Security
Disability Insurance payments;
(ii) increased Federal and State income and
employment tax payments; and
(iii) a reduction in Medicare payments due
to increased coverage under employer group
health plans.
(2) Reports to congress.--The Secretary shall periodically
submit to Congress reports on the pilot program under this
section. The Secretary shall submit a final report to Congress
and to the Medicare Payment Advisory Commission no later than 6
months after the completion of the program. Such final report
shall include findings regarding the clinical and financial
impact of more frequent hemodialysis treatment.
(3) Medpac analysis.--The Medicare Payment Advisory
Commission shall evaluate the Secretary's findings in the final
report under paragraph (2) and shall submit to Congress, no
later than 6 months after the date of the Commission's receipt
of such final report, and shall include in the report its
analysis of the desirability of expanded medicare payment for
more frequent hemodialysis treatment.
(d) Definitions.--In this section:
(1) Full composite rate.--The term ``full composite rate''
means the rate determined under section 1881(b)(7) of the
Social Security Act (42 U.S.C. 1395rr(b)(7)).
(2) Hemodialysis treatment.--The term ``hemodialysis
treatment'' includes equivalent therapy requiring blood access,
but does not include treatment administered on an emergency or
acute basis.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Access to Better Choice in Dialysis Act of 2006 - Directs the Secretary of Health and Human Services to implement a five-year pilot project to measure the impact of increasing the payment amount otherwise provided under title XVIII (Medicare) of the Social Security Act, based upon the provision of hemodialysis treatment more frequently than three times per week. |
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 ``Early Attention To Nutrition (EATN)
Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) heart disease, cancer, stroke, and diabetes are
responsible for \2/3\ of deaths in the United States;
(2) the major risk factors for those diseases and
conditions are established in childhood through unhealthy
eating habits, physical inactivity, obesity, and tobacco use;
(3) obesity rates have doubled in children and tripled in
adolescents over the last 2 decades;
(4) today, 1 in 7 young people are obese, and 1 in 3 are
overweight;
(5) obese children are twice as likely as nonobese children
to become obese adults;
(6) an overweight condition and obesity can result in
physical, psychological, and social consequences, including
heart disease, diabetes, cancer, depression, decreased self-
esteem, and discrimination;
(7) only 2 percent of children consume a diet that meets
the 5 main recommendations for a healthy diet from the Food
Guide Pyramid published by the Secretary of Agriculture;
(8) 3 out of 4 high school students in the United States do
not eat the recommended 5 or more servings of fruits and
vegetables each day; and
(9) 3 out of 4 children in the United States consume more
saturated fat than is recommended in the Dietary Guidelines for
Americans published by the Secretary of Agriculture.
SEC. 3. TEAM NUTRITION NETWORK GRANTS.
Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is
amended to read as follows:
``SEC. 19. TEAM NUTRITION NETWORK GRANTS.
``(a) Purposes.--The purposes of this section are--
``(1) to promote the nutritional health of school children
through nutrition education and other activities that support
healthy lifestyles for children;
``(2) to provide grants to States for the development of
statewide, comprehensive, and integrated nutrition education
programs; and
``(3) to provide training and technical assistance to
States, school and community nutrition programs, and child
nutrition food service professionals.
``(b) Definition of Team Nutrition Network.--In this section, the
term `team nutrition network' means a multidisciplinary program to
promote healthy eating to children based on scientifically valid
information and sound educational, social, and marketing principles.
``(c) Grants.--The Secretary is authorized to make grants to State
educational agencies to promote the nutritional health of school
children through the establishment of team nutrition networks.
``(d) Allocation.--
``(1) In general.--Subject to paragraph (2) and subsections
(g) and (h), the Secretary shall allocate funds made available
for a fiscal year under subsection (i) to make grants to
eligible State educational agencies for a fiscal year in an
amount determined by the Secretary, based on the ratio that--
``(A) the number of lunches reimbursed through food
service programs under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) in schools,
institutions, and service institutions in the State
that participate in the food service programs; bears to
``(B) the number of lunches reimbursed through the
food service programs in schools, institutions, and
service institutions in all States that participate in
the food service programs.
``(2) Minimum grant.--
``(A) In general.--The amount of a grant made to a
State educational agency for a fiscal year under this
section shall not be less than $500,000.
``(B) Insufficient funds.--If the amount made
available for any fiscal year is insufficient to pay
the amount to which each eligible State educational
agency is entitled under subparagraph (A), the
Secretary shall select, on a competitive basis,
eligible State educational agencies that will receive,
at least, the minimum amount of grants required under
subparagraph (A).
``(e) Eligibility.--To be eligible to receive a grant under this
section, a State educational agency shall submit a State plan to the
Secretary for approval, in such manner and at such time as the
Secretary determines, that includes information regarding how the grant
will be used in accordance with this section.
``(f) Uses of Grant.--Subject to subsection (g), a grant made under
this section may be used to--
``(1) instruct students with regard to the nutritional
value of foods and the relationship between food and human
health;
``(2) promote healthy eating by children;
``(3) provide assistance to schools in the adoption and
implementation of school policies that promote healthy eating;
``(4) foster community environments that support healthy
eating and physical activities;
``(5) provide training and technical assistance to teachers
and school food service professionals consistent with this
section;
``(6) evaluate State and local nutrition education
programs;
``(7) disseminate educational materials statewide through
the use of the Internet, mailings, conferences, and other
communication channels;
``(8) provide subgrants to school and school food
authorities for carrying out nutrition education activities at
the local level; and
``(9) conduct programs and education for parents and
caregivers regarding healthy eating for children.
``(g) State Coordinators.--
``(1) In general.--The Secretary shall ensure that at least
10 percent of a grant made to a State educational agency for
each fiscal year is used by the State educational agency to
appoint a team nutrition network coordinator for the State.
``(2) Role of state coordinators.--A team nutrition network
coordinator for a State shall--
``(A) develop and administer the team nutrition
network in the State; and
``(B) coordinate the team nutrition network of the
State with--
``(i) the Secretary (acting through the
Food and Nutrition Service);
``(ii) State agencies responsible for
children's health programs (including school-
based children's health programs); and
``(iii) other appropriate Federal, State,
and local agencies.
``(h) National Activities.--
``(1) In general.--The Secretary shall reserve 20 percent
of the amount of funds made available for each fiscal year
under subsection (i) to promote team nutrition networks
nationally in accordance with this subsection.
``(2) Activities.--Of the amount of funds that are reserved
for a fiscal year under this section, the Secretary shall use--
``(A) 50 percent of the reserved funds for--
``(i) evaluation of activities funded under
this section; and
``(ii) development of a clearinghouse for
collecting and disseminating information on
best practices for promoting healthy eating in
school and community child nutrition programs;
and
``(B) 50 percent of the reserved funds to carry out
national activities to support team nutrition networks
through the Secretary, acting through the
Undersecretary of Food and Nutrition Services.
``(i) Funding.--
``(1) In general.--On October 1, 2004, and on each October
1 thereafter through October 1, 2007, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture to
carry out this section $50,000,000, to remain available until
expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''. | Early Attention to Nutrition (EATN) Act of 2004 - Amends the Child Nutrition Act of 1966 to establish multidisciplinary team nutrition networks, through grants to State education agencies and national activities, to promote the nutritional health of school children. |
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 ``Carlsbad Irrigation Project Acquired
Land Transfer Act''.
SEC. 2. CONVEYANCE.
(a) Lands and Facilities.--
(1) In general.--Except as provided in paragraph (2), and
subject to subsection (c), the Secretary of the Interior (in
this Act referred to as the ``Secretary'') may convey to the
Carlsbad Irrigation District (a quasi-municipal corporation
formed under the laws of the State of New Mexico and in this
Act referred to as the ``District''), all right, title, and
interest of the United States in and to the lands described in
subsection (b) (in this Act referred to as the ``acquired
lands'') and all interests the United States holds in the
irrigation and drainage system of the Carlsbad Project and all
related lands including ditch rider houses, maintenance shop
and buildings, and Pecos River Flume.
(2) Limitation.--
(A) Retained surface rights.--The Secretary shall
retain title to the surface estate (but not the mineral
estate) of such acquired lands which are located under
the footprint of Brantley and Avalon dams or any other
project dam or reservoir division structure.
(B) Storage and flow easement.--The Secretary shall
retain storage and flow easements for any tracts
located under the maximum spillway elevations of Avalon
and Brantley Reservoirs.
(b) Acquired Lands Described.--The lands referred to in subsection
(a) are those lands (including the surface and mineral estate) in Eddy
County, New Mexico, described as the acquired lands and in section (7)
of the ``Status of Lands and Title Report: Carlsbad Project'' as
reported by the Bureau of Reclamation in 1978.
(c) Terms and Conditions of Conveyance.--Any conveyance of the
acquired lands under this Act shall be subject to the following terms
and conditions:
(1) Management and use, generally.--The conveyed lands
shall continue to be managed and used by the District for the
purposes for which the Carlsbad Project was authorized, based
on historic operations and consistent with the management of
other adjacent project lands.
(2) Assumed rights and obligations.--Except as provided in
paragraph (3), the District shall assume all rights and
obligations of the United States under--
(A) the agreement dated July 28, 1994, between the
United States and the Director, New Mexico Department
of Game and Fish (Document No. 2-LM-40-00640), relating
to management of certain lands near Brantley Reservoir
for fish and wildlife purposes; and
(B) the agreement dated March 9, 1977, between the
United States and the New Mexico Department of Energy,
Minerals, and Natural Resources (Contract No. 7-07-57-
X0888) for the management and operation of Brantley
Lake State Park.
(3) Exceptions.--In relation to agreements referred to in
paragraph (2)--
(A) the District shall not be obligated for any
financial support agreed to by the Secretary, or the
Secretary's designee, in either agreement; and
(B) the District shall not be entitled to any
receipts for revenues generated as a result of either
agreement.
(d) Completion of Conveyance.--If the Secretary does not complete
the conveyance within 180 days from the date of enactment of this Act,
the Secretary shall submit a report to the Congress within 30 days
after that period that includes a detailed explanation of problems that
have been encountered in completing the conveyance, and specific steps
that the Secretary has taken or will take to complete the conveyance.
SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED
LANDS.
(a) Identification and Notification of Leaseholders.--Within 120
days after the date of enactment of this Act, the Secretary of the
Interior shall--
(1) provide to the District a written identification of all
mineral and grazing leases in effect on the acquired lands on
the date of enactment of this Act; and
(2) notify all leaseholders of the conveyance authorized by
this Act.
(b) Management of Mineral and Grazing Leases, Licenses, and
Permits.--The District shall assume all rights and obligations of the
United States for all mineral and grazing leases, licenses, and permits
existing on the acquired lands conveyed under section 2, and shall be
entitled to any receipts from such leases, licenses, and permits
accruing after the date of conveyance. All such receipts shall be used
for purposes for which the Project was authorized and for financing the
portion of operations, maintenance, and replacement of the Summer Dam
which, prior to conveyance, was the responsibility of the Bureau of
Reclamation, with the exception of major maintenance programs in
progress prior to conveyance which shall be funded through the cost
share formulas in place at the time of conveyance. The District shall
continue to adhere to the current Bureau of Reclamation mineral leasing
stipulations for the Carlsbad Project.
(c) Availability of Amounts Paid Into Reclamation Fund.--
(1) Existing receipts.--Receipts in the reclamation fund on
the date of enactment of this Act which exist as construction
credits to the Carlsbad Project under the terms of the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be
deposited in the General Treasury and credited to deficit
reduction or retirement of the Federal debt.
(2) Receipts after enactment.--Of the receipts from mineral
and grazing leases, licenses, and permits on acquired lands to
be conveyed under section 2, that are received by the United
States after the date of enactment and before the date of
conveyance--
(A) not to exceed $200,000 shall be available to
the Secretary for the actual costs of implementing this
Act with any additional costs shared equally between
the Secretary and the District; and
(B) the remainder shall be deposited into the
General Treasury of the United States and credited to
deficit reduction or retirement of the Federal debt.
SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.
Nothing in this Act shall be construed to limit the ability of the
District to voluntarily implement water conservation practices.
SEC. 5. LIABILITY.
Effective on the date of conveyance of any lands and facilities
authorized by this Act, the United States shall not be held liable by
any court for damages of any kind arising out of any act, omission, or
occurrence relating to the conveyed property, except for damages caused
by acts of negligence committed by the United States or by its
employees, agents, or contractors, prior to conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that provided under chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims Act.
SEC. 6. FUTURE BENEFITS.
Effective upon transfer, the lands and facilities transferred
pursuant to this Act shall not be entitled to receive any further
Reclamation benefits pursuant to the Reclamation Act of June 17, 1902,
and Acts supplementary thereof or amendatory thereto attributable to
their status as part of a Reclamation Project.
Passed the Senate October 7 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | Carlsbad Irrigation Project Acquired Land Transfer Act
- Authorizes the Secretary of the Interior to convey to the Carlsbad Irrigation District specified lands and interests within the Carlsbad Project in New Mexico.
Requires a report from the Secretary to the Congress if the conveyance is not completed within 180 days after the enactment of this Act.
Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Requires receipts from leases, licenses, and permits accruing after the conveyance date to be used for Project purposes and for financing the portion of operations, maintenance, and replacement of the Summer Dam which, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to the conveyance. Requires receipts paid into the reclamation fund as construction credits to the Project to be credited to deficit reduction or retirement of the Federal debt. |
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 ``Let Wall Street Pay for Wall
Street's Bailout Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Bush Administration allocated the first $350
billion of TARP funds in a manner that has outraged the Nation
by failing to provide the most basic oversight of the funds.
(2) Congress has declined to block the remaining $350
billion of TARP funds despite the lack of oversight and the
record fiscal year 2009 budget deficit estimated at $1.2
trillion.
(3) The Board of Governors of the Federal Reserve System
has committed more than a trillion dollars to stabilize the
economy by bailing out various banks deemed ``too big to
fail''.
(4) The $700 billion TARP fund and the new Federal Reserve
lending facilities were created to protect Wall Street
investors; therefore, the same Wall Street investors should pay
for this infusion of taxpayer money.
(5) The easiest method to raise the money from Wall Street
is a securities transfer tax, a tax that has a negligible
impact on the average investor.
(6) This transfer tax would be on the sale and purchase of
financial instruments such as stock, options, and futures. A
quarter percent (0.25 percent) tax on financial transactions
could raise approximately $150 billion a year.
(7) The United States had a transfer tax from 1914 to 1966.
The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331, 38
Stat. 745)) levied a 0.2 percent tax on all sales or transfers
of stock. In 1932, Congress more than doubled the tax to help
overcome the budgetary challenges during the Great Depression.
(8) All revenue generated by this transfer tax should be
deposited in the general fund of the Treasury of the United
States, scaled to meet the net cost of these bailouts, and
phase out when the cost of the bailouts are repaid.
SEC. 3. RECOUPMENT OF DEFICIT ARISING FROM FEDERAL BAILOUT.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Securities Transactions
``Sec. 4475. Tax on securities transactions.
``SEC. 4475. TAX ON SECURITIES TRANSACTIONS.
``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered securities transaction an amount equal to the applicable
percentage of the value of the security involved in such transaction.
``(b) By Whom Paid.--The tax imposed by this section shall be paid
by the trading facility on which the transaction occurs.
``(c) Applicable Percentage.--For purposes of this section--
``(1) In general.--The term `applicable percentage' means
the lesser of--
``(A) the specified percentage, or
``(B) 0.25 percent.
``(2) Specified percentage.--
``(A) In general.--The term `specified percentage'
means, with respect to any taxable year beginning in a
calendar year, the percentage that the Secretary
estimates would result in the aggregate revenue to the
Treasury under this section for such taxable year and
all prior taxable years to equal the Secretary's
estimate of the net cost (if any) to the Federal
Government of--
``(i) carrying out the Troubled Asset
Relief Program established under title 1 of the
Emergency Economic Stabilization Act of 2008,
and
``(ii) the exercise of authority by the
Board of Governors of the Federal Reserve
System under the third undesignated paragraph
of section 13 of the Federal Reserve Act (12
U.S.C. 343).
``(B) Determination of percentage.--Such percentage
shall be determined by the Secretary not later than 30
days after the date of the enactment of this section,
and redetermined for taxable years beginning in each
calendar year thereafter. Such percentage shall take
into account the Secretary's most recent estimation of
such net cost. Any specified percentage determined
under this paragraph which is not a multiple of 1/100th
of a percentage point shall be rounded to the nearest
1/100th of a percentage point.
``(d) Covered Securities Transaction.--The term `covered securities
transaction' means--
``(1) any transaction to which subsection (b), (c), or (d)
of section 31 of the Securities Exchange Act of 1934 applies,
and
``(2) any transaction subject to the exclusive jurisdiction
of the Commodity Futures Trading Commission.
``(e) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.''.
(b) Clerical Amendment.--The table of subchapters for chapter 36 of
such Code is amended by inserting after the item relating to subchapter
B the following new item:
``subchapter c. tax on securities transactions''.
(c) Effective Date.--The amendments made by this section shall
apply to sales occurring more than 30 days after the date of the
enactment of this Act. | Let Wall Street Pay for Wall Street's Bailout Act of 2009 - Amends the Internal Revenue Code to require securities trading facilities to pay an excise tax on a specified percentage of the value of securities and commodities transactions sufficient to recoup the net cost of carrying out the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008. |
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 ``Social Security Right To Know Act''.
SEC. 2. MATERIAL TO BE INCLUDED IN ANNUAL REPORT OF TRUSTEES.
Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is
amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) by striking ``paragraph (2)'' and inserting
``subparagraph (B)'';
(3) by inserting ``(1)'' after ``(c)'';
(4) by redesignating the undesignated text following
subparagraph (E) (as redesignated by paragraph (1) of this
section) as paragraph (2);
(5) by moving the last sentence of paragraph (2) (as
redesignated by paragraph (4) of this section) so that it
follows the fifth sentence of paragraph (1) (as redesignated by
paragraph (3) of this section);
(6)(A) by moving the text of the fifth sentence of
paragraph (2) (as redesignated by paragraph (4) of this
section) beginning with ``be printed as a House document'' and
ending with ``the report is made'' so that it follows ``shall''
in the first sentence of paragraph (2) (as redesignated by
paragraph (4) of this section);
(B) by striking the remainder of the fifth sentence of
paragraph (2) (as redesignated by paragraph (4) of this
section); and
(C) by inserting ``and'' after the text so moved;
(7) in the fourth sentence of paragraph (2) (as
redesignated by paragraph (4) of this section), by striking
``Such report shall also include an'' and inserting the
following:
``(C) An'';
(8) in the third sentence of paragraph (2) (as redesignated
by paragraph (4) of this section), by striking ``Such report
shall include an'' and inserting the following:
``(B) An'';
(9) in the first sentence of paragraph (2) (as redesignated
by paragraph (4) of this section)--
(A) by striking ``(2) above'' after ``paragraph''
and inserting ``(1)(B)''; and
(B) by striking ``shall include a statement'' and
inserting ``shall include the following:
``(A) A statement'';
(10) by inserting after subparagraph (C) (as redesignated
by paragraph (7) of this section) the following:
``(D) A statement, in terms of inflation-adjusted dollars,
present discounted value, and nominal dollars, of--
``(i) the aggregate amount of the unfunded long-
term projected liability of the social security system
and any change in that amount from the preceding year;
and
``(ii) the amount of deficit or surplus that the
social security system will run in the last year of
such long-term projection period, with any aggregate
assets or liabilities held by the Trust Funds in that
final projected year.
``(E) The economic model and relevant data used to make the
financial projections required to be reported under this
paragraph, including any changes in the model and data from the
preceding year.
``(F) A conspicuous summary of the items required by
clauses (i) and (ii) of subparagraph (D), in terms of
inflation-adjusted dollars.
``(G) An explanation that states in substance that the
Trust Funds balances reflect resources authorized by Congress
to pay future social security benefits, but do not consist of
real economic assets that can be used in the future to fund
benefits, and that such balances are claims against the United
States Treasury that, when redeemed, must be financed through increased
taxes, public borrowing, benefit reduction, or elimination of other
Federal expenditures.''.
SEC. 3. MATERIAL TO BE INCLUDED IN SOCIAL SECURITY ACCOUNT STATEMENT.
Section 1143(a) of the Social Security Act (42 U.S.C. 1320b-13(a))
is amended--
(1) in paragraph (2)(C) by striking ``and'';
(2) in paragraph (2)(D) by striking the period and
inserting ``; and'';
(3) in paragraph (2), by adding at the end the following
new subparagraph:
``(E)(i) as determined by the Chief Actuary of the Social
Security Administration--
``(I) a comparison of the annual social security
tax inflows (including amounts appropriated under
subsections (a) and (b) of section 201 of this Act and
section 121(e) of the Social Security Amendments of
1983 (26 U.S.C. 401 note)) to the amount paid in
benefits annually; and
``(II) a statement whether the ratio described in
subclause (I) will result in a cash flow deficit and
what year any such deficit will commence, as well as
the first year in which funds in the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund will cease to be
sufficient to cover any such deficit and the percentage
of benefits due at that time that could be paid from
the annual social security tax inflows (as that term is
used in subclause (I));
``(ii) the explanation required by section 201(c)(2)(G);
and
``(iii) an explanation, in simple and easily understood
terms, of the average rate of return that a taxpayer can expect
to receive on old-age insurance benefits as compared to the
total amount of social security taxes a taxpayer expects to
pay, including the inflation-adjusted average rate of return
for workers born in every year beginning with 1900, set out in
chart or graph form, with an explanatory caption or legend, as
determined by the Chief Actuary of the Social Security
Administration.''.
SEC. 4. USE OF CONTINUOUS WORK HISTORY SAMPLE FOR STATISTICAL RESEARCH.
(a) Data To Be Made Available.--Notwithstanding any other provision
of law, the Social Security Administration shall make available to the
public the Continuous Work History Sample (referred to in this section
as the ``CWHS'') data administered by such Administration subject to
the restrictions provided for in subsections (b) and (c).
(b) Limitations on Release of Data.--The Office of Research and
Statistics of the Social Security Administration shall make statistical
samples of individual records from the CWHS available to a user if the
user--
(1) agrees to make use of the data from the CWHS solely for
the purpose of conducting statistical research activities;
(2) agrees in writing to such conditions as may be
reasonably determined by the Commissioner of the Social
Security Administration to be necessary to ensure that data
from the CWHS is not made available in individually
identifiable form; and
(3) fully reimburses the Office of Research and Statistics
for the cost of supplying the data.
(c) No Personally Identifiable Information.--To protect privacy,
the Office of Research and Statistics of the Social Security
Administration shall remove all identifiers which can link CWHS records
to the identity of an individual respondent prior to the release of the
data.
(d) Definitions.--In this section--
(1) the term ``Continuous Work History Sample'' means the
statistical sample of individual administrative records held by
the Social Security Administration; and
(2) the term ``user'' means any individual or legal entity,
including an employee of the Federal Government, who receives
access to the Continuous Work History Sample. | Requires social security account statements to contain: (1) a comparison of the annual social security tax inflows to the amount paid in benefits annually and a statement whether the ratio will result in a cash flow deficit and what year such deficit will commence as well as the first year in which funds in the Trust Funds will cease to be sufficient to cover the deficit and the percentage of benefits due at that time that could be paid from annual tax inflows; and (2) an explanation of the average rate of return that a taxpayer can expect to receive on old- age insurance benefits as compared to the total amount of social security taxes a taxpayer expects to pay.
Makes Social Security Administration Continuous Work History Sample data publicly available for statistical research purposes subject to certain limitations. |
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 ``Nuclear Emergency Re-establishment
of Obligations (NERO) Act''.
SEC. 2. EMERGENCY AUTHORITY OF CHAIRMAN.
(a) In General.--The Chairman of the Nuclear Regulatory Commission
may not exercise emergency authority to make decisions or take actions
otherwise reserved for the full Commission unless the Chairman has
declared an emergency based on--
(1) an imminent safety threat to a facility or materials
licensed or regulated by the Commission; or
(2) a determination by the Secretary of Homeland Security,
the Secretary of Energy, the Secretary of Transportation, the
Director of the Federal Bureau of Investigation, the Director
of the Central Intelligence Agency, or the Director of National
Intelligence that a security incident exists that poses an
imminent threat to a facility or materials licensed or
regulated by the Commission.
(b) Additional Requirements.--If the Chairman declares an emergency
under subsection (a)--
(1) the Chairman shall within 1 hour notify each member of
the Commission and appropriate Commission staff offices, and
within 4 days shall notify the Congress, of--
(A) the declaration, including specific reference
to the emergency on which the declaration is based; and
(B) all actions and recommendations made under the
emergency authority;
(2) the Chairman shall ensure that all members of the
Commission are provided timely and current access to all
records and information, and all Commission staff involved,
relating to actions taken during the emergency;
(3) to the extent practicable, the Chairman shall consult
with the full Commission on any actions to be taken under the
emergency;
(4) the Chairman shall terminate the emergency period not
later than the termination of the threat or determination on
which the emergency declaration is based under subsection (a);
(5) not later than 1 day after the termination of the
emergency, the Chairman shall notify each member of the
Commission, and notify the Congress, of such termination; and
(6) not later than 10 days after the termination of the
emergency, the Chairman shall submit a complete report to the
Commission on the actions taken during the emergency.
(c) Commission Procedures.--Not later than 90 days after the date
of enactment of this Act, the Nuclear Regulatory Commission shall
revise its procedures to comply with the requirements of this section.
Such revision shall define the roles of the Commissioners during an
emergency, specifying complete--
(1) access to records and information relating to actions
taken during the emergency;
(2) access to Commission staff involved in the management
of the emergency;
(3) access to the location or locations where decisions are
made during the emergency; and
(4) participation in decisions that affect Commission
actions and policies beyond the response to a particular
emergency.
SEC. 3. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS.
A letter or other document transmitted by the Nuclear Regulatory
Commission, on behalf of the full Commission, to a member of Congress
in his or her capacity as chairman or ranking minority member of a
Committee of Congress, shall include a certification that the letter or
document is being sent to both the Chairman and ranking minority member
of that Committee in accordance with published procedures of the
Commission.
SEC. 4. APPOINTMENT OF COMMISSION OFFICERS.
All appointments by the Chairman of the Nuclear Regulatory
Commission of the officers of the Commission shall be subject to
approval by the full Commission, and service as such an officer shall
be dependent on a vote of affirmation by the full Commission at least
once every 2 years.
SEC. 5. TIME LIMITS FOR COMMISSION REVIEW OF BRIEFS REQUESTED.
(a) In General.--Except as provided in subsection (b), if the
Nuclear Regulatory Commission issues an order requesting parties to
file briefs relating to whether the Commission should review, uphold,
or overturn a decision by the Licensing Board--
(1) the Commission shall vote on the matter not later than
40 days after receipt of such briefs; and
(2) not later than 10 days after such vote, the Commission
shall publish its decision, including, except in the case of
adjudicatory matters, the votes of each of the members of the
Commission.
(b) Exception.--Subsection (a) shall not apply to orders requesting
parties to file briefs relating to revocation of a previously issued
license.
SEC. 6. ALLEGATIONS OF WRONGDOING.
(a) Referral to Inspector General.--Not later than 90 days after
the date of enactment of this Act, the Nuclear Regulatory Commission
shall revise its procedures to ensure that any allegation of wrongdoing
on the part of the Chairman of the Commission is referred to the
Inspector General of the Commission.
(b) Supervision of Inspector General.--During the pendency of any
investigation by the Inspector General of the Nuclear Regulatory
Commission with respect to an allegation described in subsection (a),
the responsibility for supervising the Inspector General shall be
delegated to a member of the Commission other than the Chairman.
SEC. 7. APPROVAL OF COMMISSIONER TRAVEL.
The Chairman of the Nuclear Regulatory Commission shall authorize
all domestic and international travel requested by other members of the
Commission for official business unless the Chairman submits a notice
of disapproval to the full Commission specifying the basis for the
disapproval. The notice of disapproval shall be submitted within 5 days
after the travel is requested or the travel shall be deemed approved.
SEC. 8. BUDGET REVIEW AND DEVELOPMENT.
No budget or budget revision shall be adopted for the Nuclear
Regulatory Commission unless each member of the Commission has been
given an opportunity to--
(1) participate in the development of such budget or
revision after being provided access to all relevant
information used in such development; and
(2) vote on the approval of such budget or revision. | Nuclear Emergency Re-establishment of Obligations (NERO) Act - Prohibits the Chairman of the Nuclear Regulatory Commission (NRC) from exercising emergency authority to make decisions or take actions otherwise reserved for the full Commission unless the Chairman has declared an emergency based upon: (1) an imminent safety threat to a facility or materials licensed or regulated by the NRC, or (2) a determination by senior officials of designated agencies that a security incident exists that poses an imminent threat to a facility or materials licensed or regulated by the NRC.
Prescribes additional procedures if the Chairman does declare such emergency exists.
Subjects to approval by the full Commission all appointments by the NRC Chairman of NRC officers.
Prescribes time limits for NRC review of requested briefs.
Directs the NRC to revise its procedures to ensure that any allegation of wrongdoing on the part of the NRC Chairman is referred to the Inspector General of the NRC.
Instructs the NRC Chairman to authorize all domestic and international travel requested by NRC members for official business unless a notice of disapproval is submitted to the full Commission specifying the basis for the disapproval.
Prohibits adoption of any budget or budget revision unless each NRC member has been given an opportunity to: (1) participate in the development of such budget or revision after being provided access to all relevant information, and (2) vote on the approval of such budget or revision. |
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 Korea Democracy Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Under the Agreed Framework of October 21, 1994, North
Korea committed to--
(A) freeze and eventually dismantle its graphite-
moderated reactors and related facilities;
(B) implement the North-South Joint Declaration on
the Denuclearization of the Korean Peninsula, which
prohibits the production, testing, or possession of
nuclear weapons; and
(C) allow implementation of its IAEA safeguards
agreement under the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT) for nuclear facilities designated
under the Agreed Framework and any other North Korean
nuclear facilities.
(2) The General Accounting Office has reported that North
Korea has diverted heavy oil received from the United States-
led Korean Peninsula Energy Development Organization for
unauthorized purposes in violation of the Agreed Framework.
(3) On April 1, 2002, President George W. Bush stated that
he would not certify North Korea's compliance with all
provisions of the Agreed Framework.
(4) North Korea has violated the basic terms of the Agreed
Framework and the North-South Joint Declaration on the
Denuclearization of the Korean Peninsula by pursuing the
enrichment of uranium for the purpose of building a nuclear
weapon and by ``nuclearizing'' the Korean peninsula.
(5) North Korea has admitted to having a covert nuclear
weapons program and declared the Agreed Framework nullified.
(6) North Korea has announced its intention to restart the
5-megawatt reactor and related reprocessing facility at
Yongbyon, which were frozen under the Agreed Framework, and has
expelled the IAEA personnel monitoring the freeze.
(7) North Korea has announced its intention to withdraw
from the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow on July 1, 1968 (21 UST
483).
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreed framework.--The term ``Agreed Framework'' means
the Agreed Framework Between the United States of America and
the Democratic People's Republic of Korea, signed in Geneva on
October 21, 1994, and the Confidential Minute to that
agreement.
(2) IAEA.--The term ``IAEA'' means the International Atomic
Energy Agency.
(3) KEDO.--The term ``KEDO'' means the Korean Peninsula
Energy Development Organization.
(4) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(5) NPT.--The term ``NPT'' means the Treaty on the Non-
Proliferation of Nuclear Weapons done at Washington, London,
and Moscow, July 1, 1968 (22 UST 483).
SEC. 4. SENSE OF CONGRESS REGARDING THE AGREED FRAMEWORK AND THE NORTH
KOREAN NUCLEAR WEAPONS PROGRAM.
It is the sense of Congress that--
(1) the Agreed Framework is, as a result of North Korea's
own illicit and deceitful actions over several years and recent
declaration, null and void;
(2) North Korea's pursuit and development of nuclear
weapons--
(A) is of grave concern and represents a serious
threat to the security of the United States, its
regional allies, and friends;
(B) is a clear and present danger to United States
forces and personnel in the region and the United
States homeland; and
(C) seriously undermines the security and stability
of Northeast Asia; and
(3) North Korea must immediately come into compliance with
its obligations under the Treaty on the Non-Proliferation of
Nuclear Weapons and other commitments to the international
community by--
(A) renouncing its nuclear weapons and materials
production ambitions;
(B) dismantling its nuclear infrastructure and
facilities;
(C) transferring all sensitive nuclear materials,
technologies, and equipment (including nuclear devices
in any stage of development) to the IAEA forthwith; and
(D) allowing immediate, full, and unfettered access
by IAEA inspectors to ensure that subparagraphs (A),
(B), and (C) have been fully and verifiably achieved;
and
(4) any diplomatic solution to the North Korean
crisis--
(A) should take into account that North
Korea is not a trustworthy negotiating partner;
(B) must achieve the total dismantlement of
North Korea's nuclear weapons and nuclear
production capability; and
(C) must include highly intrusive
verification requirements, including on-site
monitoring and free access for the
investigation of all sites of concern, that are
no less stringent than those imposed on Iraq
pursuant to United Nations Security Council
Resolution 1441 (2002) and previous
corresponding resolutions.
SEC. 5. PROHIBITION ON UNITED STATES ASSISTANCE UNDER THE AGREED
FRAMEWORK.
No department, agency, or entity of the United States Government
may provide assistance to North Korea or the Korean Peninsula Energy
Development Organization under the Agreed Framework.
SEC. 6. LIMITATIONS ON NUCLEAR COOPERATION.
(a) Restriction on Entry Into Force of Nuclear Cooperation
Agreement and Implementation of the Agreement.--Section 822(a) of the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted by section 1000(b)(7) of
Public Law 106-113; 113 Stat. 1501A-472) is amended to read as follows:
``(a) In General.--
``(1) Restrictions.--Notwithstanding any other provision of
law or any international agreement, unless or until the
conditions described in paragraph (2) are satisfied--
``(A) no agreement for cooperation (as defined in
section 11 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2014 b.)) between the United States and North
Korea may become effective;
``(B) no license may be issued for export directly
or indirectly to North Korea of any nuclear material,
facilities, components, or other goods, services, or
technology that would be subject to such agreement;
``(C) no approval may be given for the transfer or
retransfer directly or indirectly to North Korea of any
nuclear material, facilities, components, or other
goods, services, or technology that would be subject to
such agreement;
``(D) no license may be issued under the Export
Administration Act of 1979 for the export to North
Korea of any item or related technical data which, as
determined under section 309(c) of the Nuclear Non-
Proliferation Act of 1978, could be of significance for
nuclear explosive purposes or the production of nuclear
materials;
``(E) no license may be issued under section 109 b.
of the Atomic Energy Act of 1954 for the export to
North Korea of any component, substance, or item that
is subject to a license requirement under such section;
``(F) no approval may be granted, under the Export
Administration Act of 1979 or section 109 b.(3) of the
Atomic Energy Act of 1954, for the retransfer to North
Korea of any item, technical data, component, or
substance described in subparagraph (D) or (E); and
``(G) no authorization may be granted under section
57 b.(2) of the Atomic Energy Act of 1954 for any
person to engage, directly or indirectly, in the
production of special nuclear material (as defined in
section 11 aa. of the Atomic Energy Act of 1954) in
North Korea.
``(2) Conditions.--The conditions referred to in paragraph
(1) are that--
``(A) the President determines and reports to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate that--
``(i) North Korea has come into full
compliance with its safeguards agreement with
the IAEA (INFCIRC/403), and has taken all steps
that have been deemed necessary by the IAEA in
this regard;
``(ii) North Korea has permitted the IAEA
full access to--
``(I) all additional sites and all
information (including historical
records) deemed necessary by the IAEA
to verify the accuracy and completeness
of North Korea's initial report of May
4, 1992, to the IAEA on all nuclear
sites and material in North Korea; and
``(II) all nuclear sites deemed to
be of concern to the IAEA subsequent to
that report;
``(iii) North Korea has consistently and
verifiably taken steps to implement the Joint
Declaration on Denuclearization, and is in full
compliance with its obligations under numbered
paragraphs 1, 2, and 3 of the Joint Declaration
on Denuclearization;
``(iv) North Korea does not have uranium
enrichment or nuclear reprocessing facilities,
and is making no progress toward acquiring or
developing such facilities;
``(v) North Korea does not have nuclear
materials or nuclear weapons and is making no
effort to acquire, develop, test, produce, or
deploy such weapons; and
``(vi) the transfer, approval, licensing,
or authorization of any of such materials,
components, facilities, goods, services,
technologies, data, substances or production
to, for or in North Korea is in the national
interest of the United States; and
``(B) there is enacted into law a joint resolution
stating in substance the approval of Congress of such
action.''.
(b) Conforming Amendment.--Section 822(b) of such Act is amended by
striking ``subsection (a)'' and inserting ``subsection (a)(1)''.
SEC. 7. APPLICATION OF UNITED STATES SANCTIONS.
(a) Authority To Impose Additional United States Sanctions Against
North Korea.--The President is authorized to exercise any of his
authorities under the Foreign Assistance Act of 1961, the Arms Export
Control Act, the International Emergency Economic Powers Act, or any
other provision of law to impose full economic sanctions against North
Korea, or to take any other appropriate action against North Korea,
including the interdiction of shipments of weapons, weapons-related
components, materials, or technologies, or dual-use items traveling to
or from North Korea, in response to the activities of North Korea to
develop nuclear weapons in violation of North Korea's international
obligations.
(b) Prohibition on Availability of Funds for Easing of Sanctions
Against North Korea.--None of the funds appropriated under any
provision of law may be made available to carry out any sanctions
regime against North Korea that is less restrictive than the sanctions
regime in effect against North Korea immediately prior to the September
17, 1999, announcement by the President of an easing of sanctions
against North Korea.
SEC. 8. PURSUIT OF MULTILATERAL MEASURES.
The President should take all necessary and appropriate actions to
obtain--
(1) international condemnation of North Korea for its
pursuit of nuclear weapons and serious breach of the Treaty on
the Non-Proliferation of Nuclear Weapons and other
international obligations, and
(2) multilateral diplomatic and economic sanctions against
North Korea that are at least as restrictive as United Nations
Security Council Resolution 661 concerning Iraq.
SEC. 9. TREATMENT OF REFUGEES FROM NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that the United
States should begin immediately to work with other countries in the
region to adopt a policy with respect to refugees from North Korea that
would--
(1) guarantee all such refugees safe arrival in a country
of first asylum in which the refugees would stay on a temporary
basis; and
(2) promote burden-sharing of refugee costs between
countries by providing for the resettlement of the refugees
from the country of first asylum to a third country.
(b) Eligibility for Refugee Status.--
(1) In general.--In the case of an alien who is a national
of North Korea, the alien may establish, for purposes of
admission as a refugee under section 207 of the Immigration and
Nationality Act, that the alien has a well-founded fear of
persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion
by asserting such a fear and asserting a credible basis for
concern about the possibility of such persecution.
(2) Not treated as national of south korea.--For purposes
of eligibility for refugee status under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), or for asylum
under section 208 of such Act (8 U.S.C. 1158), a national of
North Korea shall not be considered a national of the Republic
of Korea.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 10. INCREASED BROADCASTING BY RADIO FREE ASIA.
(a) In General.--In making grants to Radio Free Asia, the
Broadcasting Board of Governors shall ensure that Radio Free Asia
increases its broadcasting with respect to North Korea to 24 hours each
day.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 11. SENSE OF CONGRESS.
It is the sense of Congress that the United States, in conjunction
with the Republic of Korea and other allies in the Pacific region,
should take measures, including military reinforcements, enhanced
defense exercises and other steps as appropriate, to ensure--
(1) the highest possible level of deterrence against the
multiple threats that North Korea poses; and
(2) the highest level of readiness of United States and
allied forces should military action become necessary.
SEC. 12. PRESIDENTIAL REPORT.
Not later than 180 days after the date of enactment of this Act,
the President shall submit a report to Congress regarding his actions
to implement the provisions of this Act. | North Korea Democracy Act of 2003 - Expresses the sense of Congress that: (1) the Agreed Framework of October 21, 1994 is, as a result of North Korea's actions, null and void; (2) North Korea's pursuit and development of nuclear weapons represents a serious threat to the security of the United States, its regional allies, and friends, and seriously undermines the security and stability of Northeast Asia; and (3) North Korea must come into compliance with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and other commitments to the international community by taking specified actions.Prohibits U.S. assistance to North Korea or the Korean Peninsula Energy Development Organization under the Agreed Framework.Prohibits nuclear cooperation between the United States and North Korea unless: (1) the President determines and reports to specified congressional committees that North Korea is in compliance with its safeguards agreement with the International Atomic Energy Agency (IAEA), has permitted the IAEA full access to all nuclear sites, and has taken steps to implement and fulfill its obligations under the Joint Declaration on Denuclearization; and (2) Congress enacts a joint resolution approving such action.Authorizes the President to impose full economic sanctions against North Korea, or take other appropriate specified actions, in response to activities of North Korea to develop nuclear weapons in violation of its international obligations.Urges the United States to work with other countries in the region to adopt a policy of receiving temporarily refugees from North Korea. Authorizes refugee status to nationals of North Korea for purposes of admission into the United States.Provides for Radio Free Europe to increase broadcasting to North Korea to 24 hours a day. |
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 ``Columbia-Pacific National Heritage
Area Study Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Chinookan people have--
(A) lived in the Columbia-Pacific region for over
6,000 years;
(B) developed a wealthy and vibrant culture from
the abundance of the Columbia River and the
sophisticated trade economy of the people; and
(C) established cultural centers in Chinook,
Washington, and Seaside, Oregon;
(2) early European explorers, including Heceta, Vitus
Bering, Sir Francis Drake, and Captain Cook, began to explore
and chart the region in search of the Great River of the West,
the last remaining major land feature mapped by Europeans;
(3) many people travel from around the world to the
Columbia-Pacific region to--
(A) experience the rich historical culture of the
region; and
(B) search for new business opportunities in the
region;
(4) in 1792 Boston-based Captain Robert Gray was the first
to bring a sailing ship into the River, naming the River after
his ship, the COLUMBIA REDIVIVA;
(5) Gray's trip through the Columbia River opened up the
River to trade with east coast cities, European countries, and
Asian kingdoms;
(6) during the 13 years before the Lewis and Clark Corps of
Discovery arrived overland, more than 88 ships entered the
Columbia River as part of a sophisticated global trade network
that became known as the ``Golden Round'', which stimulated the
economy of the newly freed colonies and accelerated the
development of the international fur trade;
(7) ports and communities along the Columbia River continue
to support the traditional industries of fishing, seafood
processing, timber harvesting, and trade;
(8) in 1805 Lewis and Clark, seeking an all water route to
the Pacific Ocean for commerce to expand the American claim to
the Pacific Ocean, arrived at the mouth of the Columbia River
where the group built a fort to spend the winter;
(9) the legacy of Lewis and Clark continues to be available
to the public at the newly expanded units of the Lewis and
Clark National Historical Park;
(10) in 1811 John Jacob Astor established a permanent
settlement for commerce at the mouth of the Columbia River
known as ``Astoria'', which became the first American city west
of the Rocky Mountains;
(11) Astoria was sold to the Hudson Bay Company and during
the period from 1812 to 1828, was a British territory;
(12) Astoria was ultimately returned to the United States
making Astoria the only city in the United States to become the
territory of another country and then revert back to the United
States;
(13) for several thousand years the approaches to the mouth
of the Columbia River have served as the original homeland
defense system as the Chinookan people established villages on
headlands and promontories of the River in order to watch the
traffic entering, leaving, and traveling on the River;
(14) with the start of the Civil War, the native villages
were replaced with forts operated by the United States Army;
(15) the Army forts at Cape Disappointment, Fort Columbia,
and Fort Stevens were in continuous operation through the end
of World War II;
(16) the United States Coast Guard maintains a large
homeland security operation through Group Astoria with the Cape
Disappointment Motor Lifeboat Station, Astoria Air Station, 2
cutters operating out of Astoria, and the Tongue Point
maintenance yard;
(17) through the United States Coast Guard operations, the
Columbia River continues to serve as the guard post for the
protection of international commerce of the largest river
transport system on the west coast;
(18) the water offshore Clatsop County, Oregon, and Pacific
County, Washington, is known as the ``Graveyard of the
Pacific'', because thousands of vessels and lives have been
lost in the water, with survivors struggling ashore and seeking
refuge in the historic beach communities of Cannon Beach,
Seaside, Gearhart, Seaview, Long Beach, Ocean Park, and
Oysterville;
(19) shipwrecks and storm waters are still a threat to
commercial and recreational boaters in the area;
(20) modern navigation aids include lighthouses,
lightships, and lifesaving stations;
(21) the United States Coast Guard continues to operate the
Cape Disappointment Lifesaving Station and the National Motor
Lifeboat School;
(22) members of the United States Coast Guard from
throughout the United States are sent to the ``Top Gun''
training center to--
(A) challenge some of the most dangerous waters in
the world; and
(B) prepare for service at stations throughout the
United States;
(23) the Columbia River is home to 1 of the most abundant
commercial and sport fisheries in the world;
(24) for centuries, the people in the Columbia-Pacific
region have made a living from the Columbia River, including--
(A) the Chinookan people, who developed a
sophisticated and vibrant culture using the resources
of the River; and
(B) beginning in the 1840's, American settlers and
European and Asian immigrants, who developed a vibrant
economy around the salmon fisheries;
(25) the communities of Astoria, Warrenton, Hammond,
Chinook, and Ilwaco--
(A) have their roots in the development of the
early fishing industry; and
(B) continue to support both commercial and sport
fisheries that--
(i) provide--
(I) economic opportunities for
residents; and
(II) recreational opportunities for
visitors; and
(ii) preserve over a century of cultural
traditions;
(26) commercial timber harvesting has been an important
component of the culture of the Columbia River for over 150
years;
(27) timber has been harvested and used in local mills or
transported, primarily along the Columbia River to the Pacific
Ocean; and
(28) raw logs and forest products continue to be
transported along the Columbia River and across the Bar to
markets around the world.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Columbia-Pacific National Heritage Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study area.--The term ``study area'' means--
(A) the coastal areas of Clatsop County, Oregon,
and Pacific County, Washington, which are known as the
``North Beach Peninsula''; and
(B) areas relating to Native American history,
local history, Euro-American settlement culture, and
related economic activities of the Columbia River
within a corridor along the Columbia River eastward in
Clatsop County, Oregon, and Pacific, Columbia, and
Wahkiakum Counties, Washington.
SEC. 4. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY.
(a) In General.--The Secretary, in consultation with the managers
of any Federal land within the Heritage Area, appropriate State and
local governmental agencies, and any interested organizations, shall
conduct a study to determine the feasibility of designating the study
area as the Columbia-Pacific National Heritage Area.
(b) Requirements.--The study shall include analysis, documentation,
and determinations on whether--
(1) the study area--
(A) has an assemblage of natural, historic,
cultural, educational, scenic, or recreational
resources that together are nationally important to the
heritage of the United States;
(B) represent distinctive aspects of the heritage
of the United States worthy of recognition,
conservation, interpretation, and continuing use;
(C) are best managed through agreements between
public and private entities at the local or regional
level;
(D) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the heritage of
the United States;
(E) provides outstanding opportunities to conserve
natural, historical, cultural, or scenic features;
(F) provides outstanding recreational and
educational opportunities; and
(G) has resources and traditional uses that have
national importance;
(2) residents, business interests, nonprofit organizations,
the Federal Government (including relevant Federal land
management agencies), and State, local, and tribal governments
within the study area--
(A) are involved in the planning; and
(B) have demonstrated significant support through
letters and other means for designation and management
of the Heritage Area; and
(3) the study area--
(A) has been identified; and
(B) is supported by State and local agencies, the
public, and private businesses.
SEC. 5. REPORT.
Not later than 3 fiscal years after the date on which funds are
made available to carry out the study, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report that
describes the findings, conclusions, and recommendations of the
Secretary with respect to the study.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as are necessary to carry out this Act. | Columbia-Pacific National Heritage Area Study Act - Directs the Secretary of the Interior to conduct a study to determine the feasibility of designating the study area of the coastal areas of Clatsop County, Oregon, and Pacific County, Washington (known as the North Beach Peninsula) and areas relating to Native American history, local history, Euro-American settlement culture, and related economic activities of the Columbia River within a corridor along such River eastward in Clatsop County, Oregon, and Pacific, Columbia, and Wahkiakum Counties, Washington, as the "Columbia-Pacific National Heritage Area." |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EEOICPA Amendment Act of 2010''.
SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON TOXIC SUBSTANCES AND
WORKER HEALTH.
(a) Advisory Board on Toxic Substances and Worker Health.--Subtitle
E of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385 et seq.) is amended by adding at the end the
following new section:
``SEC. 3687. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
``(a) Establishment.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the President shall establish
and appoint an Advisory Board on Toxic Substances and Worker
Health (in this section referred to as the `Board').
``(2) Consultation on appointments.--The President shall
make appointments to the Board in consultation with
organizations with expertise on worker health issues in order
to ensure that the membership of the Board reflects a balance
of perspectives from the scientific, medical, legal, worker,
and worker advocate communities.
``(3) Chair.--The President shall designate a Chair for the
Board from among its members.
``(b) Duties.--The Board shall--
``(1) advise the Secretary, the Secretary of Energy, and
the Secretary of Health and Human Services concerning the
review and approval of the site exposure matrix used to
determine eligibility for compensation under this subtitle for
illnesses resulting from exposure to toxic substances;
``(2) periodically review and approve guidance provided to
claims examiners on weighing medical evidence under this
subtitle;
``(3) review reports by consulting physicians to ensure
quality, objectivity, and consistency; and
``(4) coordinate exchanges of data and findings with the
Advisory Board on Radiation and Worker Health to the extent
necessary.
``(c) Staff.--
``(1) In general.--The Secretary shall appoint a staff to
facilitate the work of the Board. The staff shall be headed by
a Director who shall be appointed under subchapter VIII of
chapter 33 of title 5, United States Code.
``(2) Federal agency personnel.--The Secretary may accept
as staff of the Board personnel on detail from other Federal
agencies as necessary to enable the Board to carry out its
duties under this section. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
``(3) Contractors.--The Secretary shall employ outside
contractors and specialists selected by the Board to support
the work of the Board.
``(d) Expenses.--Members of the Board, other than full-time
employees of the United States, while attending meetings of the Board
or while otherwise serving at the request of the President, while
serving away from their homes or regular places of business, shall be
allowed travel and meal expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
``(e) Security Clearances.--
``(1) Application.--The Secretary of Energy shall ensure
that the members and staff of the Board, and the contractors
performing work in support of the Board, are afforded the
opportunity to apply for a security clearance for any matter
for which such a clearance is appropriate.
``(2) Determination.--The Secretary of Energy should, not
later than 180 days after receiving a completed application for
a security clearance under this subsection, make a
determination whether or not the individual concerned is
eligible for the clearance.
``(3) Report.--For fiscal year 2012 and each fiscal year
thereafter, the Secretary of Energy shall include in the budget
justification materials submitted to Congress in support of the
Department of Energy budget for that fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) a report specifying the number of
applications for security clearances under this subsection, the
number of such applications granted, and the number of such
applications denied.
``(f) Information.--The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board access
to any information that the Board considers relevant to carry out its
responsibilities under this section, including information such as
Restricted Data (as defined in section 11(y) of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy
Act.''.
(b) Ombudsman Report.--Section 3686 of such Act (42 U.S.C. 7385s-
15) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Response to Report.--
``(1) Timing.--Not later than 90 days after the publication
of the annual report under subsection (e), the Secretary shall
submit to Congress a written response to the report.
``(2) Contens of response.--
``(A) Agreement.--If the Secretary agrees with a
finding of the Ombudsman in the report, the Secretary
shall include in the response proposed actions to
address any issues raised by the finding.
``(B) Disagreement.--If the Secretary disagrees
with a finding of the Ombusman in the report, the
Secretary shall include in the response the reasons of
disagreement with the finding.
``(3) Publication.--The Secretary shall post the response
on the public Internet site of the Department of Labor.''. | EEOICPA Amendment Act of 2010 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health.
Requires the Board to advise the Secretary of Labor, the Secretary of Energy (DOE), and the Secretary of Health and Human Services (HHS) on the review and approval of the site exposure matrix (SEM) used to determine the eligibility of DOE contractor employee claims for compensation for illnesses resulting from exposure to toxic substances.
(The SEM is a Department of Labor database on the presence of toxic substances at DOE and Radiation Exposure Compensation Act [RECA] facilities, as well as of information on scientifically established links between toxic substances and illnesses.) |
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 ``Dr. Rita Hocog Inos
Territorial Fellowship Act''.
SEC. 2. FELLOWSHIP PROGRAM FOR STUDENTS FROM AMERICAN SAMOA, THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, GUAM, AND
THE UNITED STATES VIRGIN ISLANDS.
(a) Establishment of Fellowship Program.--To encourage civic
engagement among students from American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States Virgin Islands,
the Secretary of the Interior shall carry out a program, to be known as
the ``Dr. Rita Hocog Inos Territorial Fellowship Program'', to award
local and Federal Government fellowships to qualified students from
those territories, subject to the availability of amounts described in
subsection (i).
(b) Types of Fellowship.--The fellowships that may be awarded under
the program are as follows:
(1) A local government fellowship with a cooperating agency
or entity of the territory in which the qualified student is
domiciled.
(2) A Federal Government fellowship with a cooperating--
(A) Executive agency (as defined in section 105 of
title 5, United States Code); or
(B) office of a Representative or Senator in, or a
Delegate or Resident Commissioner to, the Congress.
(c) Qualified Student.--For purposes of this section, the term
``qualified student'' means a student who is--
(1) a citizen of the United States;
(2) domiciled in American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, or the United States Virgin
Islands; and
(3) enrolled in a degree or certificate program at an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
(d) Term of Fellowship.--The term of a fellowship under the program
shall be an academic semester or a summer, as designated by the
Secretary.
(e) Fellowship Award.--
(1) In general.--Under the program, a fellowship award
shall consist of either a stipend described in paragraph (2) or
academic credit toward graduation. Such award may also include
a travel stipend of not more than $1,500 for each fellowship
term, based on the distance of the student awarded the
fellowship from the site of the fellowship.
(2) Stipend.--Subject to paragraph (3), a stipend described
in this paragraph is as follows:
(A) $6,000 for an academic semester fellowship.
(B) $4,000 for a summer fellowship.
(3) Fiscal years after 2013.--In the case of any fiscal
year beginning after September 30, 2013, each dollar amount in
paragraph (2) shall be such dollar amount in effect for the
preceding fiscal year, increased by the sum of--
(A) the percentage of the dollar amount in effect
for such preceding fiscal year that is equal to the
percentage (if any) by which--
(i) the Consumer Price Index for the most
recent calendar year ending prior to the
beginning of the fiscal year, exceeds
(ii) the Consumer Price Index for the next
previous calendar year; plus
(B) one percent of the dollar amount in effect for
such previous year.
(f) Application and Selection.--
(1) In general.--The Secretary shall develop and administer
an application and selection process for awarding a fellowship
under the program.
(2) Priority.--In awarding a fellowship under the program,
the Secretary shall give priority to a qualified student who
has already completed one such fellowship.
(3) Limitation on number of fellowships awarded to each
student.--Under the program, a qualified student may be awarded
no more than--
(A) one local government fellowship; and
(B) one Federal Government fellowship.
(g) Reporting.--The Secretary shall submit to Congress, not later
than 3 years after the date of the enactment of this Act, a report on
the Dr. Rita Hocog Inos Territorial Fellowship Program. The report
shall include information on--
(1) the use of funds appropriated for the purpose of
carrying out the program; and
(2) barriers to participation in the program.
(h) Other Definitions.--In this section:
(1) The term ``Consumer Price Index'' means the Consumer
Price Index for All Urban Consumers published by the Department
of Labor.
(2) The term ``program'' means the Dr. Rita Hocog Inos
Territorial Fellowship Program.
(3) The term ``Secretary'' means the Secretary of the
Interior.
(i) Funding.--To carry out the fellowship program, the Secretary
may use amounts appropriated to the Department of the Interior for
technical assistance to territories under the heading ``assistance to
territories'' in an appropriation Act for the Department of the
Interior for fiscal year 2013 or any subsequent fiscal year. The
Secretary may use no other amounts for such purpose. | Dr. Rita Hocog Inos Territorial Fellowship Act - Directs the Secretary of the Interior to establish the Dr. Rita Hocog Inos Fellowship Program to award local government and federal government fellowships to qualified students from American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands. Allows a fellow to receive either a specified stipend or academic credit toward graduation for participating in an internship. Defines a "qualified student" as a student who is a U.S. citizen, domiciled in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands, and enrolled in a degree or certificate program at an institution of higher education. |
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 ``Local Energy Supply and Resiliency
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Combined heat and power system.--The term ``combined
heat and power system'' means generation of electric energy and
heat in a single, integrated system that meets the efficiency
criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of
the Internal Revenue Code of 1986, under which heat that is
conventionally rejected is recovered and used to meet thermal
energy requirements.
(2) Demand response.--The term ``demand response'' means
changes in electric usage by electric utility customers from
the normal consumption patterns of the customers in response
to--
(A) changes in the price of electricity over time;
or
(B) incentive payments designed to induce lower
electricity use at times of high wholesale market
prices or when system reliability is jeopardized.
(3) Distributed energy.--The term ``distributed energy''
means energy sources and systems that--
(A) produce electric or thermal energy close to the
point of use using renewable energy resources or waste
thermal energy;
(B) generate electricity using a combined heat and
power system;
(C) distribute electricity in microgrids;
(D) store electric or thermal energy; or
(E) distribute thermal energy or transfer thermal
energy to building heating and cooling systems through
a district energy system.
(4) District energy system.--The term ``district energy
system'' means a system that provides thermal energy to
buildings and other energy consumers from 1 or more plants to
individual buildings to provide space heating, air
conditioning, domestic hot water, industrial process energy,
and other end uses.
(5) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a
location in the absence of electric power from the primary
source.
(6) Loan.--The term ``loan'' has the meaning given the term
``direct loan'' in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(7) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected loads and
distributed energy resources, including generators and energy
storage devices, within clearly defined electrical boundaries
that--
(A) acts as a single controllable entity with
respect to the grid; and
(B) can connect and disconnect from the grid to
operate in both grid-connected mode and island mode.
(8) Renewable energy source.--The term ``renewable energy
source'' includes--
(A) biomass;
(B) geothermal energy;
(C) hydropower;
(D) landfill gas;
(E) municipal solid waste;
(F) ocean (including tidal, wave, current, and
thermal) energy;
(G) organic waste;
(H) photosynthetic processes;
(I) photovoltaic energy;
(J) solar energy; and
(K) wind.
(9) Renewable thermal energy.--The term ``renewable thermal
energy'' means heating or cooling energy derived from a
renewable energy resource.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Thermal energy.--The term ``thermal energy'' means--
(A) heating energy in the form of hot water or
steam that is used to provide space heating, domestic
hot water, or process heat; or
(B) cooling energy in the form of chilled water,
ice, or other media that is used to provide air
conditioning, or process cooling.
(12) Waste thermal energy.--The term ``waste thermal
energy'' means energy that--
(A) is contained in--
(i) exhaust gases, exhaust steam, condenser
water, jacket cooling heat, or lubricating oil
in power generation systems;
(ii) exhaust heat, hot liquids, or flared
gas from any industrial process;
(iii) waste gas or industrial tail gas that
would otherwise be flared, incinerated, or
vented;
(iv) a pressure drop in any gas, excluding
any pressure drop to a condenser that
subsequently vents the resulting heat;
(v) condenser water from chilled water or
refrigeration plants; or
(vi) any other form of waste energy, as
determined by the Secretary; and
(B)(i) in the case of an existing facility, is not
being used; or
(ii) in the case of a new facility, is not
conventionally used in comparable systems.
SEC. 3. DISTRIBUTED ENERGY LOAN PROGRAM.
(a) Loan Program.--
(1) In general.--Subject to the provisions of this
subsection and subsections (b) and (c), the Secretary shall
establish a program to provide to eligible entities--
(A) loans for the deployment of distributed energy
systems in a specific project; and
(B) loans to provide funding for programs to
finance the deployment of multiple distributed energy
systems through a revolving loan fund, credit
enhancement program, or other financial assistance
program.
(2) Eligibility.--Entities eligible to receive a loan under
paragraph (1) include--
(A) a State, territory, or possession of the United
States;
(B) a State energy office;
(C) a tribal organization (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b));
(D) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)); and
(E) an electric utility, including--
(i) a rural electric cooperative;
(ii) a municipally owned electric utility;
and
(iii) an investor-owned utility.
(3) Selection requirements.--In selecting eligible entities
to receive loans under this section, the Secretary shall, to
the maximum extent practicable, ensure--
(A) regional diversity among eligible entities to
receive loans under this section, including
participation by rural States and small States; and
(B) that specific projects selected for loans--
(i) expand on the existing technology
deployment program of the Department of Energy;
and
(ii) are designed to achieve 1 or more of
the objectives described in paragraph (4).
(4) Objectives.--Each deployment selected for a loan under
paragraph (1) shall include 1 or more of the following
objectives:
(A) Improved security and resiliency of energy
supply in the event of disruptions caused by extreme
weather events, grid equipment or software failure, or
terrorist acts.
(B) Implementation of distributed energy in order
to increase use of local renewable energy resources and
waste thermal energy sources.
(C) Enhanced feasibility of microgrids, demand
response, or islanding;
(D) Enhanced management of peak loads for consumers
and the grid.
(E) Enhanced reliability in rural areas, including
high energy cost rural areas.
(5) Restriction on use of funds.--Any eligible entity that
receives a loan under paragraph (1) may only use the loan to
fund programs relating to the deployment of distributed energy
systems.
(b) Loan Terms and Conditions.--
(1) Terms and conditions.--Notwithstanding any other
provision of law, in providing a loan under this section, the
Secretary shall provide the loan on such terms and conditions
as the Secretary determines, after consultation with the
Secretary of the Treasury, in accordance with this section.
(2) Specific appropriation.--No loan shall be made unless
an appropriation for the full amount of the loan has been
specifically provided for that purpose.
(3) Repayment.--No loan shall be made unless the Secretary
determines that there is reasonable prospect of repayment of
the principal and interest by the borrower of the loan.
(4) Interest rate.--A loan provided under this section
shall bear interest at a fixed rate that is equal or
approximately equal, in the determination of the Secretary, to
the interest rate for Treasury securities of comparable
maturity.
(5) Term.--The term of the loan shall require full
repayment over a period not to exceed the lesser of--
(A) 20 years; or
(B) 90 percent of the projected useful life of the
physical asset to be financed by the loan (as
determined by the Secretary).
(6) Use of payments.--Payments of principal and interest on
the loan shall--
(A) be retained by the Secretary to support energy
research and development activities; and
(B) remain available until expended, subject to
such conditions as are contained in annual
appropriations Acts.
(7) No penalty on early repayment.--The Secretary may not
assess any penalty for early repayment of a loan provided under
this section.
(8) Return of unused portion.--In order to receive a loan
under this section, an eligible entity shall agree to return to
the general fund of the Treasury any portion of the loan amount
that is unused by the eligible entity within a reasonable
period of time after the date of the disbursement of the loan,
as determined by the Secretary.
(9) Comparable wage rates.--Each laborer and mechanic
employed by a contractor or subcontractor in performance of
construction work financed, in whole or in part, by the loan
shall be paid wages at rates not less than the rates 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.
(c) Rules and Procedures; Disbursement of Loans.--
(1) Rules and procedures.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall adopt
rules and procedures for carrying out the loan program under
subsection (a).
(2) Disbursement of loans.--Not later than 1 year after the
date on which the rules and procedures under paragraph (1) are
established, the Secretary shall disburse the initial loans
provided under this section.
(d) Reports.--Not later than 2 years after the date of receipt of
the loan, and annually thereafter for the term of the loan, an eligible
entity that receives a loan under this section shall submit to the
Secretary a report describing the performance of each program and
activity carried out using the loan, including itemized loan
performance data.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 4. TECHNICAL ASSISTANCE AND GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a technical
assistance and grant program (referred to in this section as
the ``program'')--
(A) to disseminate information and provide
technical assistance directly to eligible entities so
the eligible entities can identify, evaluate, plan, and
design distributed energy systems; and
(B) to make grants to eligible entities so that the
eligible entities may contract to obtain technical
assistance to identify, evaluate, plan, and design
distributed energy systems.
(2) Technical assistance.--The technical assistance
described in paragraph (1) shall include assistance with 1 or
more of the following activities relating to distributed energy
systems:
(A) Identification of opportunities to use
distributed energy systems.
(B) Assessment of technical and economic
characteristics.
(C) Utility interconnection.
(D) Permitting and siting issues.
(E) Business planning and financial analysis.
(F) Engineering design.
(3) Information dissemination.--The information
disseminated under paragraph (1)(A) shall include--
(A) information relating to the topics described in
paragraph (2), including case studies of successful
examples;
(B) computer software and databases for assessment,
design, and operation and maintenance of distributed
energy systems; and
(C) public databases that track the operation and
deployment of existing and planned distributed energy
systems.
(b) Eligibility.--Any nonprofit or for-profit entity shall be
eligible to receive technical assistance and grants under the program.
(c) Applications.--
(1) In general.--An eligible entity desiring technical
assistance or grants under the program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Application process.--The Secretary shall seek
applications for technical assistance and grants under the
program--
(A) on a competitive basis; and
(B) on a periodic basis, but not less frequently
than once every 12 months.
(3) Priorities.--In selecting eligible entities for
technical assistance and grants under the program, the
Secretary shall give priority to eligible entities with
projects that have the greatest potential for--
(A) facilitating the use of renewable energy
resources;
(B) strengthening the reliability and resiliency of
energy infrastructure to the impact of extreme weather
events, power grid failures, and interruptions in
supply of fossil fuels;
(C) improving the feasibility of microgrids or
islanding, particularly in rural areas, including high
energy cost rural areas;
(D) minimizing environmental impact, including
regulated air pollutants and greenhouse gas emissions;
and
(E) maximizing local job creation.
(d) Grants.--On application by an eligible entity, the Secretary
may award grants to the eligible entity to provide funds to cover not
more than--
(1) 100 percent of the costs of the initial assessment to
identify opportunities;
(2) 75 percent of the cost of feasibility studies to assess
the potential for the implementation;
(3) 60 percent of the cost of guidance on overcoming
barriers to implementation, including financial, contracting,
siting, and permitting issues; and
(4) 45 percent of the cost of detailed engineering.
(e) Rules and Procedures.--
(1) Rules.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall adopt rules and
procedures for carrying out the program.
(2) Grants.--Not later than 120 days after the date of
issuance of the rules and procedures for the program, the
Secretary shall issue grants under this Act.
(f) Reports.--The Secretary shall submit to Congress and make
available to the public--
(1) not less frequently than once every 2 years, a report
describing the performance of the program under this section,
including a synthesis and analysis of the information provided
in the reports submitted to the Secretary under section 2(c);
and
(2) on termination of the program under this section, an
assessment of the success of, and education provided by, the
measures carried out by eligible entities during the term of
the program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for the period of
fiscal years 2016 through 2020, to remain available until expended. | Local Energy Supply and Resiliency Act of 2015 This bill requires the Department of Energy (DOE) to establish certain programs to support distributed energy systems, which are energy sources and systems that: (1) produce electric or thermal energy close to the point of use using renewable energy resources or waste thermal energy, (2) generate electricity using a combined heat and power system, (3) distribute electricity in microgrids, (4) store electric or thermal energy, or (5) distribute or transfer thermal energy to building heating and cooling systems through a district energy system. DOE must establish: (1) a loan program to provide funding for deploying distributed energy systems to states and other government entities, institutions of higher education, and electric utilities; and (2) a technical assistance and grant program to disseminate information and provide technical assistance to nonprofit and profit entities for identifying, evaluating, planning, and designing distributed energy systems. |
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 ``Supporting Grandparents Raising
Grandchildren Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 2,500,000 grandparents in the United States are
the primary caretaker of their grandchildren, and experts report
that such numbers are increasing as the opioid epidemic expands.
(2) Between 2009 and 2016, the incidence of parental alcohol or
other drug use as a contributing factor for children's out-of-home
placement rose from 25.4 to 37.4 percent.
(3) When children cannot remain safely with their parents,
placement with relatives is preferred over placement in foster care
with nonrelatives because placement with relatives provides
stability for children and helps them maintain family connections.
(4) The number of foster children placed with a grandparent or
other relative increased from 24 percent in 2006 to 32 percent in
2016, according to data from the Department of Health and Human
Services.
(5) Grandparents' lives are enhanced by caring for their
grandchildren; the overwhelming majority of grandparents report
experiencing significant benefits in serving as their
grandchildren's primary caregivers.
(6) Providing full-time care to their grandchildren may
decrease grandparents' ability to address their own physical and
mental health needs and personal well-being.
(7) Grandparents would benefit from better coordination and
dissemination of information and resources available to support
them in their caregiving responsibilities.
SEC. 3. ADVISORY COUNCIL TO SUPPORT GRANDPARENTS RAISING GRANDCHILDREN.
(a) Establishment.--There is established an Advisory Council to
Support Grandparents Raising Grandchildren.
(b) Membership.--
(1) In general.--The Advisory Council shall be composed of the
following members, or their designee:
(A) The Secretary of Health and Human Services.
(B) The Secretary of Education.
(C) The Administrator of the Administration for Community
Living.
(D) The Director of the Centers for Disease Control and
Prevention.
(E) The Assistant Secretary for Mental Health and Substance
Use.
(F) The Assistant Secretary for the Administration for
Children and Families.
(G) A grandparent raising a grandchild.
(H) An older relative caregiver of children.
(I) As appropriate, the head of other Federal departments,
or agencies, identified by the Secretary of Health and Human
Services as having responsibilities, or administering programs,
relating to current issues affecting grandparents or other
older relatives raising children.
(2) Lead agency.--The Department of Health and Human Services
shall be the lead agency for the Advisory Council.
(c) Duties.--
(1) In general.--
(A) Information.--The Advisory Council shall identify,
promote, coordinate, and disseminate to the public information,
resources, and the best practices available to help
grandparents and other older relatives--
(i) meet the health, educational, nutritional, and
other needs of the children in their care; and
(ii) maintain their own physical and mental health and
emotional well-being.
(B) Opioids.--In carrying out the duties described in
subparagraph (A), the Advisory Council shall consider the needs
of those affected by the opioid crisis.
(C) Native americans.--In carrying out the duties described
in subparagraph (A), the Advisory Council shall consider the
needs of members of Native American tribes.
(2) Report.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Advisory Council shall submit a
report to--
(i) the appropriate committees;
(ii) the State agencies that are responsible for
carrying out family caregiver programs; and
(iii) the public online in an accessible format.
(B) Report format.--The report shall include--
(i) best practices, resources, and other useful
information for grandparents and other older relatives
raising children identified under paragraph (1)(A)
including, if applicable, any information related to the
needs of children who have been impacted by the opioid
epidemic;
(ii) an identification of any gaps in items under
clause (i); and
(iii) where applicable, identification of any
additional Federal legislative authority necessary to
implement the activities described in clause (i) and (ii).
(3) Follow-up report.--Not later than 2 years after the date on
which the report required under paragraph (2)(A) is submitted, the
Advisory Council shall submit a follow-up report that includes the
information identified in paragraph (2)(B) to--
(A) the appropriate committees;
(B) the State agencies that are responsible for carrying
out family caregiver programs; and
(C) the public online in an accessible format.
(4) Public input.--
(A) In general.--The Advisory Council shall establish a
process for public input to inform the development of, and
provide updates to, the best practices, resources, and other
information described in paragraph (1) that shall include--
(i) outreach to States, local entities, and
organizations that provide information to, or support for,
grandparents or other older relatives raising children; and
(ii) outreach to grandparents and other older relatives
with experience raising children.
(B) Nature of outreach.--Such outreach shall ask
individuals to provide input on--
(i) information, resources, and best practices
available, including identification of any gaps and unmet
needs; and
(ii) recommendations that would help grandparents and
other older relatives better meet the health, educational,
nutritional, and other needs of the children in their care,
as well as maintain their own physical and mental health
and emotional well-being.
(d) FACA.--The Advisory Council shall be exempt from the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
(e) Funding.--No additional funds are authorized to be appropriated
to carry out this Act.
(f) Sunset.--The Advisory Council shall terminate on the date that
is 3 years after the date of enactment of this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) Advisory council.--In this Act, the term ``Advisory
Council'' means the Advisory Council to Support Grandparents
Raising Grandchildren that is established under section 3.
(2) Appropriate committees.--In this Act, the term
``appropriate committees'' means the following:
(A) The Special Committee on Aging of the Senate.
(B) The Committee on Health, Education, Labor, and Pensions
of the Senate.
(C) The Committee on Education and the Workforce of the
House of Representatives.
(D) The Committee on Energy and Commerce of the House of
Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Supporting Grandparents Raising Grandchildren Act (Sec. 3) This bill establishes an Advisory Council to Support Grandparents Raising Grandchildren. The council must identify, promote, coordinate, and publicly disseminate information and resources to help older relatives meet the needs of the children in their care and maintain their own health and emotional well-being. The council must report on the information and resources. The bill terminates the council after three years. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Anti-Semitism Act of
2010''.
SEC. 2. REPORTS.
Section 4 of the Global Anti-Semitism Review Act of 2004 (Public
Law 108-332) is amended to read as follows:
``SEC. 4. REPORTS AND BRIEFS.
``(a) Reports.--Not later than one year after the date of the
enactment of this Act and not later than December 31 of each even-
numbered year thereafter, the Secretary of State shall submit to
Congress a report on acts of anti-Semitism in countries around the
world, including a description of--
``(1) acts of anti-Semitic physical violence against, and
anti-Semitic harassment of, Jewish people, and acts of anti-
Semitic violence against, and anti-Semitic vandalism of, Jewish
community institutions, such as schools, synagogues, or
cemeteries, that occurred in each country, including a
description of emerging issues and key trends;
``(2) anti-Semitic incitement and discourse, including
instances of propaganda in government and nongovernment media,
and including anti-Semitic incitement and discourse couched as
expression against the State of Israel, that occur in each
country, including a description of emerging issues and key
trends;
``(3) the responses of the government of each country to
the acts, incitement, and discourse referred to in paragraphs
(1) and (2), including the willingness of leading government
officials to publicly condemn such acts, incitement, and
discourse;
``(4) the actions taken by the government of each country
to enact, enforce, and prosecute laws relating to anti-
Semitism, including the provision to law enforcement,
prosecutorial, and other bodies of training and resources
relating to monitoring and combating anti-Semitism;
``(5) government monitoring, collecting data on, and
publicly reporting the acts, incitement, and discourse referred
to in paragraphs (1) and (2), and fulfillment or non-
fulfillment of governmental obligations or commitments to such
monitoring, collecting, and reporting; and
``(6) the promotion by the government of each country of
anti-bias and tolerance education directed specifically to
countering anti-Semitism, including Holocaust education and
commemoration.
``(b) Briefs.--Not later than year after the date of the enactment
of this Act and not later than December 31 of each year thereafter, the
Ambassador at Large for Monitoring and Combating Anti-Semitism shall
brief Congress on United States policies to monitor and combat anti-
Semitism in countries around the world, including a description of--
``(1) United States advocacy within intergovernmental
organizations of policies to address anti-Semitism in the
member states of such organizations, including technical and
other assistance, training, and cooperation offered, and United
States diplomacy to counter anti-Semitism within
intergovernmental organizations and forums that promote anti-
Semitism or provide it with a platform;
``(2) United States advocacy in bilateral relations with
countries around the world of policies to address anti-
Semitism, including technical assistance and other assistance,
training, and cooperation offered;
``(3) United States contributions to support specific
initiatives to monitor and combat anti-Semitism in countries
around the world;
``(4) United States outreach to Jewish communities in
countries around the world, including Jewish communities in
countries where such communities are endangered, vulnerable to,
or subject to anti-Semitic violence, harassment, vandalism,
incitement, or discourse;
``(5) United States advocacy to encourage countries around
the world to implement commitments to monitor and combat anti-
Semitism;
``(6) incorporation by the Department of State of
monitoring and combating anti-Semitism into the Department's
public diplomacy program, including the International Visitors
Program; and
``(7) Department of State training on issues relating to
monitoring and combating anti-Semitism, including training at
the Foreign Service Institute, being provided to chiefs of
mission, human rights officers, other Foreign Service officers,
the staff of the Office to Monitor and Combat Anti-Semitism,
the staff of the Office of International Religious Freedom, and
other officers and staff of the Department of State and other
departments and agencies as needed.''.
SEC. 3. OFFICE TO MONITOR AND COMBAT ANTI-SEMITISM.
Section 59 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2731) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)--
(i) in the heading, by striking ``Special
Envoy'' and inserting ``Ambassador at Large'';
and
(ii) by striking ``Special Envoy'' and
```Special Envoy''' and inserting ``Ambassador
at Large'' and ```Ambassador at Large''',
respectively; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Appointment of ambassador at large.--The
President shall appoint the Ambassador at Large, by and
with the advice and consent of the Senate.'';
(2) in subsection (c), by striking ``Special Envoy'' each
place it appears and inserting ``Ambassador at Large''; and
(3) by adding at the end the following new subsection:
``(d) Funding.--The Secretary of State shall provide the Ambassador
at Large with funds for the hiring of staff for the Office (which staff
shall be distinct from the staff of the Office of International
Religious Freedom or any other office or bureau of the Department of
State) to assist the Ambassador at Large in carrying out the provisions
of this section, including sufficient staff to coordinate and assist in
the preparation of reports required under section 4(a) of the Global
Anti-Semitism Review Act of 2004 (Public Law 108-332), for the conduct
of investigations by the Office, and for any necessary travel.''.
SEC. 4. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``the Ambassador at Large for
Monitoring and Combating Anti-Semitism appointed under
section 59 of the State Department Basic Authorities
Act of 1956,'' before ``the Ambassador at Large for
International Religious Freedom'';
(B) by striking ``January 1, 1999'' and inserting
``January 1, 2012''; and
(C) by inserting ``human rights officers, the staff
of the Office to Monitor and Combat Anti-Semitism,
other staff of the Office of International Religious
Freedom, and other officers and staff of the Department
of State and other Federal departments and agencies as
needed'' after ``chiefs of mission,'';
(2) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(3) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) instruction on anti-Semitism, including various
aspects and manifestations of anti-Semitism, and on legal, law
enforcement, and prosecutorial issues relevant to monitoring
and combating anti-Semitism;''. | Combating Anti-Semitism Act of 2010 - Amends the Global Anti-Semitism Review Act of 2004 to revise substantive and periodic reporting provisions.
Amends the State Department Basic Authorities Act of 1956 to provide that the Office to Monitor and Combat anti-Semitism shall be headed by the Ambassador at Large for Monitoring and Combating anti-Semitism. (The Office is currently headed by the Special Envoy for Monitoring and Combating anti-Semitism.)
Amends the Foreign Service Act of 1980 to include in Foreign Service officer training after January 1, 2012, instruction on anti-Semitism and on legal and law enforcement issues relevant to monitoring and combating anti-Semitism. |
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 Medical Treatment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advertising claim.--The term ``advertising claim''
means any representation made or suggested by statement, word,
design, device, sound, or any combination thereof with respect
to a medical treatment.
(2) Danger.--The term ``danger'' means an adverse reaction
to an unapproved drug or medical device that, when used as
directed--
(A) causes serious harm;
(B) occurred as a result of the medical treatment;
(C) would not otherwise have occurred; and
(D) is more serious than reactions experienced with
routinely used medical treatments approved by the Food
and Drug Administration for the same medical condition
or conditions.
(3) Device.--The term ``device'' has the meaning given such
term in section 201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h)).
(4) Drug.--The term ``drug'' has the meaning given such
term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321 (g)(1)).
(5) Food.--The term ``food''--
(A) has the meaning given such term in section
201(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(f)); and
(B) includes a dietary supplement as defined in
section 201(ff) of such Act.
(6) Health care practitioner.--The term ``health care
practitioner'' means a physician or other individual who is
legally authorized to provide health care services in the State
in which the services are provided.
(7) Interstate commerce.--The term ``interstate commerce''
means commerce between any State or territory and any place
outside thereof, and commerce within the District of Columbia
or within any other territory not organized with a legislative
body.
(8) Label.--The term ``label'' has the meaning given such
term in section 201(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(k)).
(9) Labeling.--The term ``labeling'' has the meaning given
such term in section 201(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(m)).
(10) Legal representative.--The term ``legal
representative'' means a parent or an individual who qualifies
as a legal guardian under applicable State law.
(11) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
(12) Medical treatment.--The term ``medical treatment''
means any food, drug, device, or procedure that is used and
intended as a cure, mitigation, treatment, or prevention of
disease or a health condition.
(13) Patient.--The term ``patient'' means any individual
who seeks medical treatment from a health care practitioner for
a disease or health condition.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Seller.--The term ``seller'' means an individual or
organization that receives payment related to the medical
treatment of a patient of a health practitioner, except that
this term does not apply to a health care practitioner who
receives payment from an individual or representative of such
individual for the administration of a medical treatment to
such individual.
(16) Unapproved drug or medical device.--The term
``unapproved drug or medical device'' with respect to a drug or
medical device, means a drug or medical device that is not
approved or authorized for manufacture, sale, and distribution
in interstate commerce under section 505, 513, or 515 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C 355, 360c, and
360(e)) or under section 351 of the Public Health Service Act
(42 U.S.C. 262).
SEC. 3. ACCESS TO MEDICAL TREATMENT.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), an individual shall have the
right to be treated by a health care practitioner with any medical
treatment (including a medical treatment that is not approved,
certified, or licensed by the Secretary) that such individual desires,
or that the legal representative of such individual authorizes, if--
(1) such practitioner has personally examined such
individual and agrees to provide treatment to such individual;
(2) the administration of such treatment does not violate
applicable licensing laws and is within the scope of the
practice of such practitioner;
(3) the health care practitioner complies with the
requirements of subsection (b); and
(4) it is a medical treatment that has not been approved,
certified, or licensed by the Secretary, or is any medical
treatment that has been approved by the designated governmental
agency for a member country of the European Union or the
European Free Trade Association, Canada, Australia, New
Zealand, or Japan but not otherwise approved, certified, or
licensed by the Secretary.
(b) Medical Treatment Requirements.--
(1) In general.--A health care practitioner may provide the
medical treatment requested by an individual described in
subsection (a) if--
(A) there is no reason for the practitioner to
conclude that, based on generally accepted principles
and current information, the medical treatment
requested, when used or provided as directed, will
cause danger to the patient;
(B) in the case of an individual whose treatment is
the administration of a food, drug, or device that has
to be approved, certified, or licensed by the
Secretary, but has not been so approved, certified, or
licensed--
(i) such individual has been informed in
writing that such food, drug, or device has not
been approved, certified, or licensed by the
Secretary for use as a medical treatment of the
medical condition of such individual; and
(ii) prior to the administration of such
treatment, the practitioner has provided the
patient a written statement, which shall become
part of the medical record of the patient, that
includes the following provision: ``WARNING:
This food, drug, or device has not been
declared to be safe and effective by the
Federal Government and any individual who uses
such food, drug, or device does so at his or
her own risk.'';
(C) such individual has been informed in writing of
the nature of the medical treatment, including--
(i) the contents and methods of such
treatment;
(ii) the anticipated benefits of such
treatment;
(iii) any reasonably foreseeable side
effects that may result from such treatment;
(iv) the results of past application of
such treatment by the health care practitioner
and others; and
(v) any other information necessary to
fully meet the requirements for informed
consent of human subjects prescribed by
regulations issued by the Food and Drug
Administration;
(D) except as provided in subsection (c), there
have been no advertising claims made with respect to
the efficacy of the medical treatment by the
practitioner, manufacturer, or distributor;
(E) the label or labeling of any food, drug, or
device that is a part of the requested medical
treatment is not false or misleading;
(F) such individual--
(i) has been provided with a written
statement that such individual has been fully
informed with respect to the information
described in subparagraphs (A) through (D);
(ii) desires such treatment; and
(iii) signs such statement; and
(G) the health care practitioner provides the
patient with a recommendation for the treatment
involved under circumstances that give the patient
sufficient opportunity to consider whether or not to
use such treatment.
(2) Burden of proof.--In any proceeding relating to the
enforcement of paragraph (1)(E) with respect to the label of a
drug, device, or food used in medical treatment covered under
this subsection, the provisions of section 403B(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2(c)) shall
apply with respect to establishing the burden of proof that
such label is false or misleading.
(3) Rule of construction.--Nothing in this section shall be
construed to require informed consent for the prescription of
dietary supplements and foods not requiring such informed
consent prior to the date of the enactment of this Act.
(c) Claim Exceptions.--
(1) Reporting by a health care practitioner.--Subsection
(b)(1)(D) shall not apply to an accurate and truthful reporting
by a health care practitioner of the results of the
practitioner's administration of a medical treatment in
recognized journals, at seminars, conventions, or similar
meetings, or to others, so long as the reporting practitioner
has no direct or indirect financial interest in the reporting
of the material and has received no financial benefits of any
kind from the manufacturer, distributor, or other seller for
such reporting. Such reporting may not be used by a
manufacturer, distributor, or other seller to advance the sale
of such treatment.
(2) Statements by a practitioner to a patient.--Subsection
(b)(1)(D) shall not apply to any statement made by a health
care practitioner directly to a patient or prospective patient.
A health care practitioner shall not be held liable for any
advertising claims made by others unless the practitioner is a
party in the dissemination of the information in such claims.
(3) Dietary supplements statement.--Subsection (b)(1)(D)
shall not apply to statements or claims permitted under
sections 403B and 403(r)(6) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).
SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.
(a) Health Care Practitioner.--If a health care practitioner, after
administering a medical treatment, discovers that the treatment itself
was a danger to the individual receiving such treatment, the
practitioner shall--
(1) immediately cease the use of such treatment;
(2) refrain from recommending the use of any unapproved
drug or medical device that was a part of such treatment;
(3) report to the manufacturer and the Director of the
Centers for Disease Control and Prevention--
(A) the nature of such treatment;
(B) the results of such treatment;
(C) the complete protocol of such treatment; and
(D) the source from which such treatment or any
part thereof was obtained; and
(4) include as part of the reporting under paragraph (3),
an affidavit pursuant to section 1746 of title 28, United
States Code, confirming that all statements made in the report
under such paragraph are accurate.
(b) Secretary.--Upon confirmation that a medical treatment has
proven dangerous to individuals, the Secretary shall properly
disseminate information with respect to the danger of the medical
treatment and prohibit the further use of such treatment.
SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT.
If a health care practitioner, after administering a medical
treatment that is not an approved drug or medical device for a life-
threatening medical condition or conditions, discovers that such
medical treatment has, in the opinion of the health care practitioner,
positive effects on such condition or conditions that are significantly
greater than the positive effects that are expected from an approved
medical treatment for the same condition or conditions, the
practitioner shall--
(1) make a monthly reporting to the National Center for
Complementary and Alternative Medicine at the National
Institutes of Health of--
(A) the nature of such medical treatment (which is
not a conventional medical treatment);
(B) the general results of such treatment
administered in the month involved; and
(C) the protocol of such treatment; and
(2) provide an affidavit pursuant to section 746 of title
28, United States Code, confirming that all statements made in
the monthly reporting under paragraph (1) are accurate and
truthful.
SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND
OTHER EQUIPMENT.
(a) In General.--Notwithstanding any other provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), an individual
may--
(1) introduce or deliver into interstate commerce a food,
drug, device, or any other equipment; and
(2) produce, transport, receive and hold a food, drug,
device, or any other equipment,
solely for use in accordance with this Act if there have been no
advertising claims by the manufacturer, distributor, or seller of the
food, drug, device, or equipment involved.
(b) Notification.--If an individual imports a shipment of a food,
drug, device, or any other equipment, the individual shall notify the
Secretary of any such shipment.
(c) Production of Unapproved Drugs, Devices, and Other Equipment.--
In the case of unapproved drugs, devices, or other equipment, except
those approved by a country listed in section 3(a)(4), a manufacturer
shall provide notice the Secretary of the intent of such manufacturer
to deliver the product into interstate commerce.
(d) Rule of Construction.--Nothing in this Act shall be construed
to limit or interfere with the authority of a health care practitioner
to prescribe, recommend, provide, or administer to a patient for any
medical condition or disease any unapproved drug or medical device that
is lawful under the law of the State or States in which the health care
practitioner practices.
SEC. 7. OTHER LAWS NOT AFFECTED BY THIS ACT.
Nothing in this Act shall be construed to--
(1) apply to the manufacture, distribution, possession,
administration, recommendation, prescription, or provision, or
support the use of any drug that is a controlled substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.);
(2) apply to statements or claims permitted or authorized
under sections 403 and 403B of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343, 343-2); or
(3) in any way adversely affect the distribution or sale of
dietary supplements (as defined in section 201(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)).
SEC. 8. PENALTY.
A health care practitioner who knowingly violates any provision of
this Act shall not be covered by the protections under this Act and
shall be subject to all other applicable laws and regulations. | Access to Medical Treatment Act - Gives an individual the right to be treated by a health care practitioner with any medical treatment that the individual desires, including a treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services, if: (1) the practitioner has personally examined the individual and agrees to treat the individual; and (2) the administration of such treatment does not violate licensing laws and is within the scope of the practice of such practitioner.
Authorizes health care practitioners to provide any method of treatment to such an individual if certain requirements are met, including that: (1) there is no reason to conclude that such treatment will cause danger to the individual; and (2) the patient is informed in writing that such treatment has not been approved, certified, or licensed by the Secretary. Requires a practitioner to report: (1) administering such treatment and discovering it to be a danger to an individual; and (2) the positive effects of an unconventional medical treatment for a life-threatening medical condition. Allows an individual to introduce or deliver into interstate commerce, or to produce, transport, receive, or hold, a food, drug, device, or equipment solely for use in accordance with this Act if there have been no advertising claims made by the manufacturer, distributor, or seller with respect to a medical treatment. Requires notification to the Secretary if: (1) an individual imports a shipment of a food, drug, device, or any other equipment; or (2) a manufacturer intends to deliver an unapproved drug, device, or other equipment into interstate commerce.
States that nothing in this Act shall in any way adversely affect the distribution or sale of dietary supplements. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. DEFINITIONS.
As used in this Act--
(1) ``Secretary'' means the Secretary of the Interior,
acting through the Commissioner of Reclamation;
(2) ``Reclamation'' means the Bureau of Reclamation, United
States Department of the Interior;
(3) ``Fish passage and screening facilities'' means
ladders, collection devices, and all other kinds of facilities
which enable fish to pass through, over, or around water
diversion structures; facilities and other constructed works
which modify, consolidate, or replace water diversion
structures in order to achieve fish passage; screens and other
devices which reduce or prevent entrainment and impingement of
fish in a water diversion, delivery, or distribution system;
and any other facilities, projects, or constructed works or
strategies which are designed to provide for or improve fish
passage while maintaining water deliveries and to reduce or
prevent entrainment and impingement of fish in a water storage,
diversion, delivery, or distribution system of a water project;
(4) ``Federal reclamation project'' means a water resources
development project constructed, operated, and maintained
pursuant to the Reclamation Act of 1902 (32 Stat. 388), and
acts amendatory thereof and supplementary thereto;
(5) ``Non-Federal party'' means any non-Federal party,
including federally recognized Indian tribes, non-Federal
governmental and quasi-governmental entities, private entities
(both profit and non-profit organizations), and private
individuals;
(6) ``Snake River Basin'' means the entire drainage area of
the Snake River, including all tributaries, from the headwaters
to the confluence of the Snake River with the Columbia River;
(7) ``Columbia River Basin'' means the entire drainage area
of the Columbia River located in the United States, including
all tributaries, from the headwaters to the Columbia River
estuary; and
(8) ``Habitat improvements'' means work to improve habitat
for aquatic plants and animals within a currently existing
stream channel below the ordinary high water mark, including
stream reconfiguration to rehabilitate and protect the natural
function of streambeds, and riverine wetland construction and
protection.
SEC. 2. AUTHORIZATION.
(a) In General.--Subject to the requirements of this Act, the
Secretary is authorized to plan, design, and construct, or provide
financial assistance to non-Federal parties to plan, design, and
construct, fish passage and screening facilities or habitat
improvements at any non-Federal water diversion or storage project
located anywhere in the Columbia River Basin when the Secretary
determines that such facilities would enable Reclamation to meet its
obligations under section 7(a)(2) of the Endangered Species Act of 1973
(16 U.S.C. 1536(a)(2)) regarding the construction and continued
operation and maintenance of all Federal reclamation projects located
in the Columbia River Basin, excluding the Federal reclamation projects
located in the Snake River Basin.
(b) Prohibition of Acquisition of Land for Habitat Improvements.--
Notwithstanding subsection (a), nothing in this Act authorizes the
acquisition of land for habitat improvements.
SEC. 3. LIMITATIONS.
(a) Written Agreement.--The Secretary may undertake the
construction of, or provide financial assistance covering the cost to
the non-Federal parties to construct, fish passage and screening
facilities at non-Federal water diversion and storage projects or
habitat improvements located anywhere in the Columbia River Basin only
after entering into a voluntary, written agreement with the non-Federal
party or parties who own, operate, or maintain the project, or any
associated lands involved.
(b) Federal Share.--The Federal share of the total costs of
constructing the fish passage and screening facility or habitat
improvements shall be not more than 75 percent.
(c) Non-Federal Share.--
(1) Except as provided in paragraph (4), a written
agreement entered into under subsection (a) shall provide that
the non-Federal party agrees to pay the non-Federal share of
the total costs of constructing the fish passage and screening
facility or habitat improvements.
(2) The non-Federal share may be provided in the form of
cash or in-kind services.
(3) The Secretary shall--
(A) require the non-Federal party to provide
appropriate documentation of any in-kind services
provided; and
(B) determine the value of the in-kind services.
(4) The requirements of this subsection shall not apply to
Indian tribes.
(d) Grant and Cooperative Agreements.--Any financial assistance
made available pursuant to this Act shall be provided through grant
agreements or cooperative agreements entered into pursuant to and in
compliance with chapter 63 of title 31, United States Code.
(e) Terms and Conditions.--The Secretary may require such terms and
conditions as will ensure performance by the non-Federal party, protect
the Federal investment in fish passage and screening facilities or
habitat improvements, define the obligations of the Secretary and the
non-Federal party, and ensure compliance with this Act and all other
applicable Federal, State, and local laws.
(f) Rights and Duties of Non-Federal Parties.--All right and title
to, and interest in, any fish passage and screening facilities
constructed or funded pursuant to the authority of this Act shall be
held by the non-Federal party or parties who own, operate, and maintain
the non-Federal water diversion and storage project, and any associated
lands, involved. The operation, maintenance, and replacement of such
facilities shall be the sole responsibility of such party or parties
and shall not be a project cost assignable to any Federal reclamation
project.
SEC. 4. OTHER REQUIREMENTS.
(a) Permits.--The Secretary may assist a non-Federal party who
owns, operates, or maintains a non-Federal water diversion or storage
project, and any associated lands, to obtain and comply with any
required State, local, or tribal permits.
(b) Federal Law.--In carrying out this Act, the Secretary shall be
subject to all Federal laws applicable to activities associated with
the construction of a fish passage and screening facility or habitat
improvements.
(c) State Water Law.--
(1) In carrying out this Act, the Secretary shall comply
with any applicable State water laws.
(2) Nothing in this Act affects any water or water-related
right of a State, an Indian tribe, or any other entity or
person.
(d) Required Coordination.--The Secretary shall coordinate with the
Northwest Power and Conservation Council; appropriate agencies of the
States of Idaho, Oregon, and Washington; and appropriate federally
recognized Indian tribes in carrying out the program authorized by this
Act.
SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW.
(a) In General.--The Reclamation Act of 1902 (32 Stat. 388), and
Acts amendatory thereof and supplementary thereto, shall not apply to
the non-Federal water projects at which the fish passage and screening
facilities authorized by this Act are located, nor to the lands which
such projects irrigate.
(b) Nonreimbursable and Nonreturnable Expenditures.--
Notwithstanding any provision of law to the contrary, the expenditures
made by the Secretary pursuant to this Act shall not be a project cost
assignable to any Federal reclamation project (either as a construction
cost or as an operation and maintenance cost) and shall be non-
reimbursable and non-returnable to the United States Treasury.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary for the purposes of this Act.
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, directly or through financial assistance to non-federal parties, to plan, design, and construct fish passage and screening facilities or habitat improvements at any non-federal water diversion or storage project located anywhere in the Columbia River Basin. Provides such authority when the Secretary determines that such facilities would enable the Bureau to meet its obligations for the construction, operation, and maintenance of federal reclamation projects in the Columbia River Basin, excluding the projects located in the Snake River Basin. Limits the federal share to 75% of project costs.
Authorizes the Secretary to assist a non-federal party who owns, operates, or maintains a non-federal water diversion or storage project and associated lands to obtain and comply with any required state, local, or tribal permits. Makes the Secretary subject to all federal laws applicable to activities associated with the construction of a fish passage and screening facility or habitat improvements. Directs the Secretary to: (1) comply with any applicable state water laws; and (2) coordinate with the Northwest Power and Conservation Council, appropriate agencies of the states of Idaho, Oregon, and Washington, and appropriate federally recognized Indian tribes in carrying out the program authorized by this Act.
Makes the Reclamation Act of 1902 and other federal reclamation laws inapplicable to the non-federal water projects at which the fish passage and screening facilities authorized by this Act are located and the lands such projects irrigate. Declares that expenditures made by the Secretary under this Act shall not be a project cost assignable to any federal reclamation project and shall be non-reimbursable and non-returnable to 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 ``Arsenic-Treated Residential-Use Wood
Prohibition Act''.
SEC. 2. HAZARDOUS WASTE CLASSIFICATION.
Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e))
is amended by adding at the end the following:
``(3) CCA-treated wood.--
``(A) Definitions.--In this paragraph:
``(i) Arsenic-treated wood.--The term
`arsenic-treated wood' means wood treated with
an arsenical pesticide.
``(ii) CCA-treated wood.--The term `CCA-
treated wood' means wood that is treated with
any pesticide that is an inorganic arsenical or
chromated copper arsenical.
``(iii) Pesticide.--The term `pesticide'
has the meaning given the term in section 2 of
the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
``(B) Regulation of cca-treated wood.--
``(i) In general.--Notwithstanding section
261.4(b)(9) of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph), or any similar
successor regulation, discarded CCA-treated
wood, other arsenical-treated wood, and CCA-
treated sawdust shall be disposed of in a lined
landfill with a leachate system and groundwater
monitoring system (or such other system as the
Administrator determines is appropriate to
capture arsenic and prevent arsenic from
contaminating groundwater).
``(ii) Risk assessment.--
``(I) In general.--Not later than
March 15, 2003, the Administrator, in
consultation with the Consumer Products
Safety Commission, shall publish in the
Federal Register an assessment of the
risks posed by the production, cutting,
milling, sanding, mulching, and use of
CCA-treated wood.
``(II) Methodology.--In conducting
the risk assessment, the Administrator
shall follow the methodology
recommended by the Scientific Advisory
Panels which were organized by the
United States Environmental Protection
Agency and which met in October 2001.
``(C) Prohibition of production.--
``(i) In general.--As soon as practicable
after the date of enactment of this paragraph,
the Administrator shall promulgate regulations
that--
``(I) provide for the cessation of
production of CCA-treated wood not
later than 60 days after the date of
enactment of this paragraph; and
``(II) prohibit the production of
CCA-treated wood on and after that
date.
``(ii) Exemptions.--If the Administrator
publishes in the Federal Register a notice that
the uses of CCA-treated wood identified in
subclauses (I), (II), and (III) are safe, as of
the date of publication of that notice, clause
(i) shall not apply to the production of CCA-
treated wood used for--
``(I) railroad ties;
``(II) marine pilings; or
``(III) utility poles.''.
SEC. 3. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.
(a) In General.--The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
(1) by redesignating sections 33 and 34 as sections 34 and
35, respectively; and
(2) by inserting after section 32 the following:
``SEC. 33. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.
``(a) Definitions.--In this section:
``(1) CCA-treated wood.--The term `CCA-treated wood' means
wood that is treated with any pesticide that is a chromated
copper arsenical.
``(2) Manufacture.--The term `manufacture', with respect to
CCA-treated wood and items described in subsection (b)(1),
includes--
``(A) the creation of a product designed to be
assembled by a consumer; and
``(B) the building of a product on behalf of a
consumer in accordance with specifications given by the
consumer.
``(b) Prohibition.--Notwithstanding any other provision of law,
except as provided in paragraph (3)(C)(ii) of section 3001(e) of the
Solid Waste Disposal Act (42 U.S.C. 6921(e)), not later than 90 days
after the date of enactment of this subsection, the Administrator shall
promulgate regulations that prohibit the use of CCA-treated wood--
``(1) in the manufacture of any product that may be used
for or by children, including--
``(A) playground equipment, play houses, or other
structures designed for frequent use specifically by
children;
``(B) fences;
``(C) walkways;
``(D) docks, including residential docks,
residential landscaping and boat houses; and
``(E) any other similar product, as determined by
the Administrator; and
``(2) for mulch, compost, a soil amendment, or any other
residential or occupational purpose, as determined by the
Administrator.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by striking the items relating to sections 30 and 31
and inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Prohibition of certain uses of arsenic-treated lumber.
``(a) Definitions.
``(1) CCA-treated wood.
``(2) Manufacture.
``(b) Prohibition.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND
SCHOOL SYSTEMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) CCA-treated wood.--The term ``CCA-treated wood'' means
wood that is treated with any pesticide that is an inorganic
arsenical or chromated copper arsenical.
(3) Pesticide.--The term ``pesticide'' has the meaning
given the term in section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136).
(b) Educational Program.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop and conduct an
educational program to assist consumers, State and local governments,
school systems, and other institutions in--
(1) testing arsenic levels in CCA-treated wood and soil
surrounding CCA-treated wood;
(2) making decisions relating to the containment and
removal of CCA-treated wood from homes, playgrounds, schools,
and other facilities designed primarily for use by children;
and
(3) providing guidance regarding the decontamination of
soils, mulches, and other media under structures made of CCA-
treated wood where children or pets may be exposed to arsenic.
(c) Assistance for Schools.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a pilot
program to provide grants and technical assistance to school systems to
assist the school systems in--
(1) removing playground and other equipment containing CCA-
treated wood from grounds of the school systems;
(2) applying sealant to CCA-treated wood structures; and
(3) conducting any necessary remediation relating to use of
CCA-treated wood.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Arsenic-Treated Residential-Use Wood Prohibition Act - Amends the Solid Waste Disposal Act to: (1) list CCA-treated wood (wood treated with a pesticide that is an inorganic arsenical or chromated copper arsenical) as a hazardous waste; (2) require disposal of discarded CCA wood, notwithstanding regulations exempting certain solid wastes from the definition of hazardous waste, in a lined landfill with a leachate system and groundwater monitoring system; (3) require the Administrator of the Environmental Protection Agency to conduct an assessment of the risks of CCA-treated wood production, processing, and use; and (4) direct the Administrator to promulgate regulations for the cessation and prohibition of production of such wood, with exceptions.
Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require the Administrator to promulgate regulations prohibiting the use of CCA-treated wood (for FIFRA purposes, wood treated with a pesticide that is a chromated copper arsenical) in the manufacture, production, or use of any product that may be used for or by children or for mulch, compost, a soil amendment, or any other residential or occupational purpose.
Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning CCA-treated wood containment, removal, and decontamination; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing CCA-treated wood and remediation activities. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) there are over 600 different Federal financial
assistance programs to implement domestic policy;
(2) while the assistance described in paragraph (1) has
been directed at critical problems, some Federal administrative
requirements may be duplicative, burdensome or conflicting,
thus impeding cost-effective delivery of services at the local
level;
(3) the Nation's State, local, and tribal governments and
private, nonprofit organizations are dealing with increasingly
complex problems which require the delivery and coordination of
many kinds of services; and
(4) streamlining and simplification of Federal financial
assistance administrative procedures and reporting requirements
will improve the delivery of services to the public.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) improve the effectiveness and performance of Federal
financial assistance programs;
(2) to simplify Federal financial assistance application
and reporting requirements;
(3) to improve the delivery of services to the public; and
(4) to facilitate greater coordination among those
responsible for delivering such services.
SEC. 4. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(2) Federal agency.--The term ``Federal agency'' means any
agency as defined under section 551(1) of title 5, United
States Code.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the same meaning as defined in
section 7501(a)(5) of title 31, United States Code, under which
Federal financial assistance is provided, directly or
indirectly, to a non-Federal entity.
(4) Local government.--The term ``local government'' means
a political subdivision of a State that is a unit of general
local government (as defined under section 7501(a)(11) of title
31, United States Code);
(5) Non-federal entity.--The term ``non-Federal entity''
means a State, local government, or nonprofit organization.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means any corporation, trust, association,
cooperative, or other organization that--
(A) is operated primarily for scientific,
educational, service, charitable, or similar purposes
in the public interest;
(B) is not organized primarily for profit; and
(C) uses net proceeds to maintain, improve, or
expand the operations of the organization.
(7) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands, and any instrumentality
thereof, any multi-State, regional, or interstate entity which
has governmental functions, and any Indian Tribal Government.
(8) Tribal government.--The term ``tribal government''
means an Indian tribe, as that term is defined in section
7501(a)(9) of title 31, United States Code.
(9) Uniform administrative rule.--The term ``uniform
administrative rule'' means a government-wide uniform rule for
any generally applicable requirement established to achieve
national policy objectives that applies to multiple Federal
financial assistance programs across Federal agencies.
SEC. 5. DUTIES OF FEDERAL AGENCIES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, each Federal agency shall develop and implement
a plan that--
(1) streamlines and simplifies the application,
administrative, and reporting procedures for Federal financial
assistance programs administered by the agency;
(2) demonstrates active participation in the interagency
process under section 6(a)(2);
(3) demonstrates appropriate agency use, or plans for use,
of the common application and reporting system developed under
section 6(a)(1);
(4) designates a lead agency official for carrying out the
responsibilities of the agency under this Act;
(5) allows applicants to electronically apply for, and
report on the use of, funds from the Federal financial
assistance program administered by the agency;
(6) ensures recipients of Federal financial assistance
provide timely, complete, and high quality information in
response to Federal reporting requirements; and
(7) establishes specific annual goals and objectives to
further the purposes of this Act and measure annual performance
in achieving those goals and objectives, which may be done as
part of the agency's annual planning responsibilities under the
Government Performance and Results Act.
(b) Extension.--If one or more agencies are unable to comply with
the requirements of subsection (a), the Director shall report to the
Committee on Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of Representatives the
reasons for noncompliance. After consultation with such committees, the
Director may extend the period for plan development and implementation
for each noncompliant agency for up to 12 months.
(c) Comment and Consultation on Agency Plans.--
(1) Comment.--Each agency shall publish the plan developed
under subsection (a) in the Federal Register and shall receive
public comment of the plan through the Federal Register and
other means (including electronic means). To the maximum extent
practicable, each Federal agency shall hold public forums on
the plan.
(2) Consultation.--The lead official designated under
subsection (a)(4) shall consult with representatives of non-
Federal entities during development and implementation of the
plan. Consultation with representatives of State, local, and
tribal governments shall be in accordance with section 204 of
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534).
(d) Submission of Plan.--Each Federal agency shall submit the plan
developed under subsection (a) to the Director and Congress and report
annually thereafter on the implementation of the plan and performance
of the agency in meeting the goals and objectives specified under
subsection (a)(7). Such report may be included as part of any of the
general management reports required under law.
SEC. 6. DUTIES OF THE DIRECTOR.
(a) In General.--The Director, in consultation with agency heads,
and representatives of non-Federal entities, shall direct, coordinate
and assist Federal agencies in establishing:
(1) A common application and reporting system, including--
(A) a common application or set of common
applications, wherein a non-Federal entity can apply
for Federal financial assistance from multiple Federal
financial assistance programs that serve similar
purposes and are administered by different Federal
agencies;
(B) a common system, including electronic
processes, wherein a non-Federal entity can apply for,
manage, and report on the use of funding from multiple
Federal financial assistance programs that serve
similar purposes and are administered by different
Federal agencies; and
(C) uniform administrative rules for Federal
financial assistance programs across different Federal
agencies.
(2) An interagency process for addressing--
(A) ways to streamline and simplify Federal
financial assistance administrative procedures and
reporting requirements for non-Federal entities;
(B) improved interagency and intergovernmental
coordination of information collection and sharing of
data pertaining to Federal financial assistance
programs, including appropriate information sharing
consistent with the Privacy Act of 1974; and
(C) improvements in the timeliness, completeness,
and quality of information received by Federal agencies
from recipients of Federal financial assistance.
(b) Lead Agency and Working Groups.--The Director may designate a
lead agency to assist the Director in carrying out the responsibilities
under this section. The Director may use interagency working groups to
assist in carrying out such responsibilities.
(c) Review of Plans and Reports.--Agencies shall submit to the
Director, upon his request and for his review, information and other
reporting regarding their implementation of this Act.
(d) Exemptions.--The Director may exempt any Federal agency or
Federal financial assistance program from the requirements of this Act
if the Director determines that the Federal agency does not have a
significant number of Federal financial assistance programs. The
Director shall maintain a list of exempted agencies which will be
available to the public through OMB's Internet site.
SEC. 7. EVALUATION.
(a) In General.--The Director (or the lead agency designated under
section 6(b)) shall contract with the National Academy of Public
Administration to evaluate the effectiveness of this Act. Not later
than 4 years after the date of enactment of this Act, the evaluation
shall be submitted to the lead agency, the Director, and Congress. The
evaluation shall be performed with input from State, local, and tribal
governments, and nonprofit organizations.
(b) Contents.--The evaluation under subsection (a) shall--
(1) assess the effectiveness of this Act in meeting the
purposes of this Act and make specific recommendations to
further the implementation of this Act;
(2) evaluate actual performance of each agency in achieving
the goals and objectives stated in agency plans;
(3) assess the level of coordination among the Director,
Federal agencies, State, local, and tribal governments, and
nonprofit organizations in implementing this Act.
SEC. 8. COLLECTION OF INFORMATION.
Nothing in this Act shall be construed to prevent the Director or
any Federal agency from gathering, or to exempt any recipient of
Federal financial assistance from providing, information that is
required for review of the financial integrity or quality of services
of an activity assisted by a Federal financial assistance program.
SEC. 9. JUDICIAL REVIEW.
There shall be no judicial review of compliance or noncompliance
with any of the provisions of this Act. No provision of this Act shall
be construed to create any right or benefit, substantive or procedural,
enforceable by any administrative or judicial action.
SEC. 10. STATUTORY REQUIREMENTS.
Nothing in this Act shall be construed as a means to deviate from
the statutory requirements relating to applicable Federal financial
assistance programs.
SEC. 11. EFFECTIVE DATE AND SUNSET.
This Act shall take effect on the date of enactment of this Act and
shall cease to be effective five years after such date of enactment.
Passed the Senate October 12 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | Federal Financial Assistance Management Improvement Act of 1998 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation.
Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives.
Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application and reporting system; and (2) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities.
Permits the Director to designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities.
Exempts any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site.
Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be: (1) submitted to the lead agency, the Director, and the Congress; and (2) performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment. |
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 ``Intermodal Transportation Act of
2003''.
SEC. 2. INTERMODAL TRANSPORTATION FACILITIES PROGRAM.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following:
``Sec. 5316. Intermodal transportation facilities program
``(a) Establishment.--The Secretary shall establish and carry out
an intermodal transportation facilities program in accordance with this
section.
``(b) Grants.--In carrying out the program, the Secretary shall
make grants on a competitive basis to public or private entities to
finance projects for the construction, reconstruction, maintenance,
repair, and renovation of facilities, whether publicly or privately
owned, designed and operated to promote the intermodal transportation
of passengers.
``(c) Eligible Grant Recipients.--The Secretary shall make grants
for a project under this section directly to the public or private
entity that will develop or operate the facility receiving assistance
under the project.
``(d) Applications.--To be eligible to receive a grant for a
project under this section, an entity shall submit to the Secretary an
application at such time, in such form, and containing such information
as the Secretary may require. At a minimum, the application shall
contain a plan for the project and such additional information as the
Secretary may require to ensure full accountability for the obligation
and expenditure of amounts for the project.
``(e) Eligible Projects.--Facilities for which assistance may be
provided under the program include the following:
``(1) Facilities to connect urban or rural local transit,
van, and commuter services with intercity bus and rail
services.
``(2) Facilities to connect intercity bus, intercity rail,
local transit, van, and commuter services with commercial air
services.
``(3) Facilities to provide park and ride services at
suburban locations connecting with local mass transportation,
commuter services, and intercity bus and rail facilities.
``(4) Such other intermodal facilities as the Secretary
determines appropriate.
``(f) Priority.--In making grants under this section, the Secretary
shall give priority to projects that integrate all available modes of
intercity and local mass transportation in a community.
``(g) Federal Share.--The Federal share of the cost of a project
financed using amounts from a grant under this section shall not exceed
90 percent.
``(h) Applicability of Planning and Other Requirements.--The
Secretary may make a grant for a project under this section only after
finding that the project is part of the approved program of projects
required under sections 5303 through 5306. Section 5333(b) applies to a
project receiving assistance under this section.
``(i) Contract Authority.--A grant approved by the Secretary that
is financed with amounts made available to carry out this section is a
contractual obligation of the United States Government to pay the
Government's share of the cost of the project.
``(j) Authorization of Appropriations.--There shall be available
from the Highway Trust Fund to carry out this section $100,000,000 for
each of fiscal years 2004 through 2009. Such sums shall remain
available until expended.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 5315 the following:
``5316. Intermodal facilities program.''.
SEC. 3. RURAL CONNECTIONS TO AIRPORTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5316, as inserted by section 2(a) of
this Act, the following:
``Sec. 5317. Rural connections to airports
``(a) In General.--The Secretary of Transportation shall carry out
a program to promote essential intercity bus and commercial van service
by private operators between non-urbanized and small urban areas and
primary airports, as defined in section 47102, including intermediate
points.
``(b) State Programs.--A State shall use amounts apportioned under
this section for eligible transportation projects that are included in
a State program of projects. The program shall be submitted annually to
the Secretary. The Secretary may approve the program only if the
Secretary finds that the program is consistent with the purposes of
this section and provides a fair distribution of amounts in the State.
``(c) Apportionment of Amounts.--The Secretary shall apportion
amounts made available to carry out this section among the States in
the same manner as amounts are apportioned under section 5311(c).
``(d) Eligible Projects.--Eligible projects under this section
include--
``(1) planning and marketing for eligible intercity bus and
commercial van service;
``(2) capital grants for bus terminals, park and ride
facilities, and joint-use facilities, including intermodal
terminals located at or near an airport or at any other
location, if there is a planned airport connection from the
facility;
``(3) operating grants through purchase-of-service
agreements, user-side subsidies, and demonstration projects;
``(4) developing and enhancing security procedures for bus
and commercial van passengers connecting to commercial air
services; and
``(5) enhancing connections between intercity bus or
commercial van service and commercial air services at the
airport.
``(e) Eligible Service Providers.--
``(1) In general.--Subject to paragraph (2), a State may
contract with a duly licensed private operator of intercity bus
or commercial van service to provide essential intercity bus or
commercial van service under the program.
``(2) Limitation.--Funds made available to carry out this
section may not be used to provide service that duplicates, in
whole or in part, service being provided by an existing private
operator without operating subsidy.
``(f) Federal Share.--The Federal share of the cost of a project
financed using amounts made available under this section shall not
exceed 90 percent.
``(g) Availability of Amounts.--Amounts apportioned to a State
under this section shall remain available until expended.
``(h) Relationship to Other Laws.--Section 5311(j) applies to this
section.
``(i) Authorization of Appropriations.--There shall be available
from the Highway Trust Fund to carry out this section--
``(1) $30,000,000 for each of fiscal years 2004, 2005, and
2006; and
``(2) $35,000,000 for each of fiscal years 2007, 2008, and
2009.
Such sums shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 5316, as inserted by
section 2(b) of this Act, the following:
``5317. Rural connections to airports.''.
SEC. 4. FUNDING FOR RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE
PROGRAM.
Section 3038(g) of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 393) is amended--
(1) in paragraph (1)--
(A) by striking ``the following amounts'' and
inserting ``$15,000,000 for each of fiscal years 2004
through 2009''; and
(B) by striking `buses:'' and all that follows
before the last sentence and inserting ``buses.''; and
(2) in paragraph (2) by striking ``$6,800,000 shall be
available for fiscal years 2000 through 2003'' and inserting
``$5,000,000 shall be available for each of fiscal years 2004
through 2009''.
SEC. 5. NATIONAL TRANSPORTATION INFORMATION SYSTEM.
Chapter 53 of title 49, United States Code, is amended by adding at
the end the following:
``Sec. 5339. National transportation information system
``(a) Establishment.--The Secretary shall establish and carry out,
on a priority basis and in coordination with States and private
entities, a national public transportation information system in
accordance with this section.
``(b) Information To Be Included in System.--
``(1) In general.--The system shall include, to the maximum
extent practicable, for all public and private providers of
scheduled passenger transportation service over fixed routes,
information on--
``(A) service, fares, and schedules; and
``(B) availability of service accessible to persons
with disabilities.
``(2) Providers of scheduled passenger transportation
service defined.--In paragraph (1), the term `providers of
scheduled passenger transportation service' includes providers
of intercity bus and intercity rail service, commuter service,
local and rural transit service, and demand responsive
intercity bus service.
``(c) Public Access to System.--Information included in the system
shall be made available to the public, on a real-time basis, by
telephone and on the Internet. Such system shall be fully accessible to
persons with disabilities.
``(d) Deadline.--The system shall be fully operational not later
than 5 years after the date of enactment of this section.
``(e) Private Contractors.--The Secretary may carry out this
section by contracting with private entities to plan, construct,
operate, and maintain the system.
``(f) Federal Share.--The Federal share of the cost of a project
financed using amounts made available to carry out this section shall
not exceed 90 percent.
``(g) Authorization of Appropriations.--There shall be available
from the Highway Trust Fund to carry out this section--
``(1) $20,000,000 for each of fiscal years 2004 and 2005;
and
``(2) $10,000,000 for each of fiscal years 2006 through
2009.
Such sums shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``5339. National transportation information system.''.
SEC. 6. CAPITAL PROJECTS.
(a) Definition of Capital Project.--Section 5302(a)(1)(G)(ii) of
title 49, United States Code, is amended to read as follows:
``(ii) excluding construction of a
commercial revenue producing facility to the
extent that the facility is not intended to be
used to provide mass transportation or
intercity bus or rail transportation.''.
(b) Capital Investment Grants and Loans.--Section 5309(a)(1)(C) of
such title is amended to read as follows:
``(C) the capital costs of coordinating mass transportation
with other transportation, including costs associated with the
mass transportation, intercity bus, or intercity rail
components of facility projects intended to enhance such
coordination;''. | Intermodal Transportation Act of 2003 - Amends Federal transportation law to establish an intermodal transportation facilities program in which the Secretary of Transportation shall make grants on a competitive basis to public or private entities to finance projects for the construction, reconstruction, maintenance, repair, and renovation of facilities designed and operated to promote the intermodal transportation of passengers. Sets forth grant and project eligibility requirements. Sets the Federal share of project costs at no more than 90 percent.
Directs the Secretary to carry out a program to promote essential intercity bus and commercial van service by private operators between non-urbanized and small urban areas and primary airports, including intermediate points.
Amends the Transportation Equity Act for the 21st Century to set forth funding levels for grants to operators of over-the-road buses to increase accessibility for persons with disabilities under the rural transportation accessibility incentive program.
Establishes a national public transportation information system to provide for all public and private providers of scheduled passenger transportation service over fixed routes information on service, fares, schedules, and availability of service accessible to persons with disabilities.
Makes costs associated with the mass transportation, intercity bus, or intercity rail components of facility projects intended to enhance coordinating mass transportation with other transportation eligible for discretionary mass transportation grants and loans. |
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 ``Port Security Improvements Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) After the tragic terrorist events of September 11,
2001, the Congress initially focused on improving aviation
security and, in November 2001, passed the Aviation and
Transportation Security Act (Public Law 107-71). That Act
provided deadlines for specific enhancements in aviation
security, including for issuance of certain rules governing the
conduct of non-Federal parties.
(2) The Congress then turned its focus to improving port
security and, in November 2002, passed the Maritime
Transportation Security Act of 2002 (Public Law 107-295). That
Act did not establish deadlines for specific enhancements in
port security. For example, there are no statutory deadlines
for interim final rules on facility and vessel security and on
civil penalties, nor for the rules on transportation security
cards.
(3) The United States maritime transportation system
includes more than 300 ports with more than 3,700 cargo and
passenger terminals. The top 25 ports account for 98 percent of
the more than 6,000,000 container shipments entering United
States ports yearly.
(4) The vast maritime transportation system is particularly
susceptible to terrorist attempts to smuggle personnel, weapons
of mass destruction, or other dangerous materials into the
United States. A large-scale terrorist attack at a United
States port could not only cause widespread damage but also
seriously affect the United States economy.
(5) The General Accounting Office found that, during fiscal
years 1999, 2000, and 2001, expenditures by 13 Federal agencies
for the maritime transportation system averaged about
$3,900,000,000 per year. Three agencies accounted for 93
percent of these expenditures: the Corps of Engineers, the
Coast Guard, and the Customs Service. The cost of Customs
Service operations for fiscal years 1999, 2000, and 2001 was
$484,200,000, $538,400,000, and $577,200,000, respectively.
(6) During that same period, 11 Federal agencies collected
approximately $1,000,000,000 each year from maritime
transportation system users. In addition, customs duties levied
on commodities imported through the maritime transportation
system averaged approximately $15,200,000,000 each year. In
comparison, custom duties levied on commodities imported
through the aviation transportation system and highway
transportation system averaged approximately $3,700,000,000 and
$900,000,000 each year, respectively.
(7) Many of the needed maritime transportation security
improvements will require costly outlays for infrastructure,
technology, and personnel. Before September 11, 2001, the
Interagency Commission on Crime and Security in United States
Seaports estimated that the cost of upgrading security
infrastructure at United States ports ranged from $10,000,000
to $50,000,000 per port. These estimates could increase
dramatically due to new post-September 11 security
requirements. For example, for the first $93,300,000 of Federal
grant funds for port security made available in a supplemental
appropriations Act, the Federal Government received grant
applications for almost $700,000,000. For the second round of
an expected $105,000,000 of Federal grants with funds made
available in such Act, the Federal Government received
applications for $997,000,000.
(8) In December 2002, the Coast Guard published its ``Cost
analysis report for vessel, facility, and port security''
(Appendix C to the notice published December 30, 2002 (67 Fed.
Reg. 79742), which included its estimates of first-year costs
for maritime transportation security improvements of
$1,300,000,000, and 10-year costs for such improvements of
$6,000,000,000.
SEC. 3. FINANCING PORT SECURITY ENHANCEMENTS.
(a) Portion of Duties Collected at Ports.--For each fiscal year,
there shall be available to the Secretary of Homeland Security for port
security enhancements at each port through which articles transported
by vessel are unladen for purposes of entering the customs territory of
the United States, 30 percent of the amount by which duties collected
during the preceding fiscal year on such articles that so entered
through that port exceed port security costs incurred at that port
during the preceding fiscal year.
(b) Definitions.--In this section--
(1) the term ``port security enhancements'' means--
(A) administrative processing and associated
services for increasing port security, including
administering the transportation security cards (also
known as the Transportation Worker Identification
Credential) issued under section 70105 of title 46,
United States Code, including background checks and
training;
(B) physical services (including inspections of
cruise passengers, cargo, and empty containers) and
certifications;
(C) construction and maintenance, including
upgrades to security infrastructure; and
(D) miscellaneous services;
(2) the term ``port security costs'' means costs incurred
by the Federal Government for the maritime transportation
system, including--
(A) administrative processing and associated
services;
(B) physical services, including inspections and
certifications;
(C) construction and maintenance; and
(D) miscellaneous services; and
(3) the term ``vessel'' has the meaning given that term in
section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).
(c) Period of Application.--Amounts shall be available under
subsection (a) only for the first five fiscal years beginning after the
date of the enactment of this Act.
SEC. 4. DEADLINE FOR TRANSPORTATION SECURITY CARD REGULATIONS.
Notwithstanding section 102 of the Maritime Transportation Security
Act of 2002 (Public Law 107-295; 116 Stat. 2085; 46 U.S.C. 70101 note),
the Secretary of the department in which the Coast Guard is operating--
(1) shall issue interim final regulations under section
70105 of title 46, United States Code, by not later than 6
months after the date of the enactment of this Act; and
(2) shall issue final regulations under that section by not
later than 12 months after the date of the enactment of this
Act.
SEC. 5. STANDARDIZATION OF SECURITY REQUIREMENTS FOR PORTS, VESSELS AND
FACILITIES.
The Secretary of the department in which the Coast Guard is
operating shall issue regulations under section 70103 of title 46,
United States Code, that establish a national minimum set of standard
security requirements for--
(1) each port in the United States;
(2) each facility in a port in the United States; and
(3) each vessel entering a United States port. | Port Security Improvements Act of 2003 - Makes available to the Secretary of Homeland Security for security enhancements at each port over each of the next five fiscal years 30 percent of the difference between the amount of duties collected at each port and the port's security costs.
Requires the Secretary of the department in which the Coast Guard is operating to issue: (1) final regulations governing biometric transportation security cards within one year; and (2) regulations that establish a national minimum set of standard security requirements for each port in the United States, each facility in a port in the United States, and each vessel entering a U.S. port. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. CHANGES IN THRESHOLD AND OTHER TESTS FOR DETERMINING AMOUNT
OF WAGES PAID TO AGRICULTURAL WORKERS THAT ARE SUBJECT TO
SOCIAL SECURITY AND MEDICARE TAXES.
(a) Increase in $150 Remuneration Threshold to $1,000 and Increase
in Total Farm Payroll Test.--
(1) Internal revenue code of 1986.--Subparagraph (B) of
section 3121(a)(8) of the Internal Revenue Code of 1986
(relating to definition of wages) is amended--
(A) in clause (i), by striking ``$150'' and
inserting ``$1,000''; and
(B) in clause (ii), by striking ``$2500'' and
inserting ``$50,000''.
(2) Social security act.--Subparagraph (B) of section
209(a)(7) of the Social Security Act (42 U.S.C. 409(a)(7)(B))
(relating to definition of wages) is amended--
(A) in clause (i), by striking ``$150'' and
inserting ``$1,000''; and
(B) in clause (ii), by striking ``$2500'' and
inserting ``$50,000''.
(b) Adjustment for Inflation.--
(1) Internal revenue code of 1986.--Subsection (i) of
section 3121 of the Internal Revenue Code of 1986 (relating to
computation of wages in certain cases) is amended by adding at
the end the following new paragraph:
``(6) Agricultural labor.--
``(A) In general.--For purposes of this chapter, in
the case of agricultural labor referred to in
subsection (a)(8), in the case of a calendar year after
2001, the $1,000 amount contained in subparagraph
(B)(i), and the $50,000 amount contained in
subparagraph (B)(ii), shall each be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins
by substituting `calendar year 2000' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $50, such
increase shall be rounded to the next lowest multiple
of $50.''.
(2) Social security act.--Section 209 of the Social
Security Act (42 U.S.C. 409) is amended by adding at the end
the following new subsection:
``(l)(1) For purposes of this title, in the case of agricultural
labor referred to in subsection (a)(7), in the case of a calendar year
after 2001, the $1,000 amount contained in subparagraph (B)(i), and the
$50,000 amount contained in subparagraph (B)(ii), shall each be
increased in the same manner as the $1,000 amount and the $50,000
amount, respectively, contained in section 3121(a)(8)(B) of the
Internal Revenue Code of 1986 are increased pursuant to section
3121(i)(6) of such Code.''.
(c) Exemption for Service Performed by Certain Full Time
Students.--
(1) Internal revenue code of 1986.--Section 3121(b) of the
Internal Revenue Code of 1986 (relating to definition of
employment) is amended by striking ``or'' at the end of
paragraph (20), by striking the period at the end of paragraph
(21) and inserting ``; or'', and by adding at the end the
following new paragraph:
``(22) agricultural labor performed by a full time student
who has not attained 18 years of age.''.
(2) Social security act.--Section 210(a) of the Social
Security Act (42 U.S.C. 410(a)) is amended--
(A) by striking ``or'' at the end of paragraph
(20),
(B) by striking the period at the end of paragraph
(21) and inserting ``; or'', and
(C) by inserting after paragraph (21) the following
new paragraph:
``(22) Agricultural labor performed by a full time student
who has not attained 18 years of age.''.
(d) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2001.
SEC. 2. COORDINATION OF COLLECTION OF AGRICULTURAL LABOR EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
(a) In General.--Subsection (c) of section 3510 of the Internal
Revenue Code of 1986 (relating to coordination of collection of
domestic service employment taxes with collection of income taxes) is
amended to read as follows:
``(c) Eligible Employment Taxes.--
``(1) In general.--For purposes of this section, the term
`eligible employment taxes' means--
``(A) domestic service employment taxes, and
``(B) agricultural labor employment taxes.
``(2) Domestic service employment taxes.--For purposes of
paragraph (1), the term `domestic service employment taxes'
means--
``(A) any taxes imposed by chapter 21 or 23 on
remuneration paid for domestic service in a private
home of the employer, and
``(B) any amount withheld from such remuneration
pursuant to an agreement under section 3402(p).
For purposes of this paragraph, the term `domestic service in a
private home of the employer' includes domestic service
described in section 3121(g)(5).
``(3) Agricultural labor employment taxes.--For purposes of
paragraph (1), the term `agricultural labor employment taxes'
means--
``(A) any taxes imposed by chapter 21 or 23 on
remuneration paid for agricultural labor, and
``(B) any amount withheld from such remuneration
pursuant to an agreement under section 3402(p).
For purposes of this paragraph, the term `agricultural labor'
has the meaning provided in section 3121(g).''.
(b) Conforming Amendments.--
(1) The heading of section 3510 of such Code is amended by
inserting ``AND AGRICULTURAL LABOR'' after ``DOMESTIC
SERVICE''.
(2) Subsections (a)(1), (b)(1), (e), and (f)(1) of such
section are each amended by striking ``domestic service
employment taxes'' and inserting ``eligible employment taxes''.
(3) The heading of subsection (b) of such section is
amended by striking ``Domestic Service'' and inserting
``Eligible''.
(4) Subsection (d) and the first sentence of subsection
(f)(1) of such section are each amended by inserting before the
period at the end the following: ``or for agricultural labor''.
(5) Subsection (e) of such section is amended by inserting
before the period at the end the following: ``and agricultural
labor employers' income taxes''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2001. | Amends the Internal Revenue Code and the Social Security Act, respectively, to increase the cash remuneration or employer expenditure thresholds for agricultural labor wage purposes.Amends the Code to provide for collection coordination of agricultural labor employment tax and income tax. |
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 ``Coeur d'Alene Basin Restoration Act
of 1994''.
SEC. 2. COEUR D'ALENE BASIN MANAGEMENT CONFERENCE.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251-
1270) is amended by adding at the end the following:
``SEC. 121. COEUR D'ALENE BASIN MANAGEMENT CONFERENCE.
``(a) Establishment.--There is established a Coeur d'Alene Basin
Management Conference to develop a comprehensive pollution prevention,
control, and restoration plan for the Coeur d'Alene Basin. The
Administrator shall convene the management conference within 30 days of
the date of the enactment of this section.
``(b) Membership.--
``(1) In general.--The members of the Management Conference
shall be comprised of--
``(A) a representative of the Environmental
Protection Agency;
``(B) a representative of the Coeur d'Alene Indian
tribe; and
``(C) a representative of the Idaho Department of
Environmental Quality.
``(2) Steering committee.--The Management Conference shall
appoint--
``(A) a management advisory committee;
``(B) a technical advisory committee; and
``(C) a citizens' advisory committee.
``(3) Ex officio members.--The Management Conference shall
have ex officio members which shall include, at a minimum, the
Member of the United States House of Representatives within
whose congressional district lies the Coeur d'Alene Basin.
``(c) Pollution Prevention, Control, and Restoration Plan.--
``(1) Publication deadline.--Not later than 1 year after
the date of the enactment of this section, the Management
Conference shall publish a water pollution prevention, control,
and restoration plan (hereinafter in this section referred to
as the `Plan') for the Coeur d'Alene Basin.
``(2) Contents.--The Plan developed pursuant to this
section shall--
``(A) clarify the duties of Federal and State
agencies and other persons in water pollution
prevention and control activities, and to the extent
allowable by law, suggest a reasonable timetable for
adoption by the appropriate Federal and State agencies
to accomplish such duties;
``(B) describe the methods and schedules for
funding of programs, activities, and projects
identified in the Plan, including the use of Federal
and other sources of funds;
``(C) incorporate environmental management concepts
and programs established in State and Federal plans and
programs in effect at the time of the development of
the Plan; and
``(D) include a strategy for water pollution
prevention and control in the Coeur d'Alene Basin,
including the promotion of pollution prevention and
management practices to reduce the amount of pollution
generated in the Coeur d'Alene Basin.
``(3) Public review and comment.--The Administrator, in
cooperation with the Management Conference, shall provide for
public review and comment on the draft Plan. At a minimum, the
Management Conference shall conduct one public meeting to hear
comments on the draft plan in the State of Idaho.
``(4) Approval.--Not less than 30 days after the
publication of the Plan required pursuant to this section, the
Administrator shall approve the Plan if the Plan meets the
requirements of this section.
``(5) Treatment.--Upon approval of the Plan, the Plan shall
be deemed to be an approved management program for the purposes
of section 319(h) of this Act and such plan shall be deemed to
be an approved comprehensive conservation and management plan
pursuant to section 320 of this Act.
``(6) Implementation.--Upon approval of the Plan under this
subsection, the Plan shall be implemented.
``(d) Grant Assistance.--
``(1) In general.--The Administrator may, in consultation
with the Management Conference, make grants to State,
interstate, and regional water pollution control agencies, and
public or nonprofit agencies, institutions, and organizations.
``(2) Purposes.--Grants under this subsection shall be made
for assisting development of the Plan, including research,
surveys, studies, and modeling and technical and supporting
work necessary for the development of the Plan.
``(3) Federal share.--The amount of grants to any person
under this subsection for a fiscal year shall not exceed 70
percent of the costs of development of the Plan and shall be
made available on the condition that non-Federal share of such
costs are provided from non-Federal sources. The non-Federal
share may be provided by in-kind services.
``(4) Terms and conditions.--The Administrator may
establish such terms and conditions for the administration of
grants as the Administrator determines to be appropriate.
``(e) Definition.--For purposes of this section, the term `Coeur
d'Alene Basin'' means the watershed in northern Idaho containing the
South Fork of the Coeur d'Alene River, the main stem of the Coeur
d'Alene River, and Lake Coeur d'Alene.
``(f) Statutory Interpretation.--Nothing in this section shall be
used to affect the jurisdiction or powers of--
``(1) any department or agency of the United States or any
State; or
``(2) any entity related to the Coeur d'Alene Basin created
by treaty or memorandum to which the United States is a
signatory.
``(g) Authorization.--There are authorized to be appropriated to
the Environmental Protection Agency to carry out this section such sums
as may be necessary for fiscal years 1995, 1996, 1997, 1998, and
1999.''.
SEC. 3. FEDERAL PROGRAM COORDINATION.
(a) Cooperation of the United States Geological Survey of the
Department of the Interior.--For the purpose of enhancing and expanding
basic data collection and monitoring in operation in the Coeur d'Alene
Basin, as defined under section 121 of the Federal Water Pollution
Control Act, the Secretary of the Interior, acting through the heads of
water resources divisions of the Idaho and Washington districts of the
United States Geological Survey, shall--
(1) in cooperation with appropriate universities and
private research institutions and appropriate officials of the
appropriate departments and agencies of the States of Idaho and
Washington, develop an integrated geographic information system
of the Coeur d'Alene Basin;
(2) convert all partial recording sites in the Coeur
d'Alene Basin to continuous monitoring stations with full
gauging capabilities and status; and
(3) establish such additional continuous monitoring station
sites in the Coeur d'Alene Basin as are necessary to carry out
basic data collection and monitoring, as defined by the
Secretary of the Interior, including ground water mapping, and
water quality and sediment data collection.
(b) Cooperation of the United States Fish and Wildlife Service of
the Department of the Interior.--
(1) Resource conservation program.--The Secretary of the
Interior, acting through the United States Fish and Wildlife
Service, in cooperation with the Coeur d'Alene Fish and
Wildlife Management Cooperative and the Coeur d'Alene Basin
Management Conference established pursuant to section 121 of
the Federal Water Pollution Control Act, shall--
(A) establish and implement a fisheries resources
restoration, development, and conservation program,
including dedicating a level of hatchery production
within the Coeur d'Alene Basin at or above the level
that existed immediately preceding the date of the
enactment of this Act; and
(B) conduct a wildlife species and habitat
assessment survey in the Coeur d'Alene Basin,
including--
(i) a survey of Federal threatened and
endangered species, listed or proposed for
listing under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), Idaho State and
Washington State threatened and endangered
species and other species of special concern,
migratory nongame species of management
concern, and national resources plan species;
and
(ii) a survey of migratory bird populations
breeding, migrating, and wintering within the
Coeur d'Alene Basin.
(2) Activities.--To accomplish the purposes of paragraph
(1), the Director of the United States Fish and Wildlife
Service is authorized to carry out activities related to--
(A) improving the health of fishery resources;
(B) conducting investigations about the status of
fishery resources, and disseminating that information
to all interested parties; and
(C) conducting and periodically updating a survey
of the fishery resources and their habitats and food
chains in the Coeur d'Alene Basin.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of the Interior such sums as may be
necessary for fiscal years 1995, 1996, 1997, 1998, and 1999 to carry
out subsections (a) and (b) of this section.
SEC. 4. RESTORATION PLAN.
(a) Cooperation of the United States Bureau of Land Management of
the Department of the Interior.--For the purpose of restoring and
managing of public lands, public uses, and the basin restoration areas,
the Secretary of the Interior, acting through the State director of the
Bureau of Land Management, shall--
(1) cooperatively with the other natural resource trustees,
develop and implement a restoration plan for the public lands
and other contaminated lands to reduce human and environmental
risks in the Coeur d'Alene Basin, as defined in section 121 of
the Federal Water Pollution Control Act;
(2) develop and maintain a computerized geographical
information system inventory of abandoned or inactive mining
sites and extensively mine waste contaminated areas in the
Basin, including audits, tailing piles, mill sites, and
processing facilities, their location, key contaminants, their
concentrations and loading rates, and other information
pertinent to evaluation and prioritization;
(3) provide for the cleanup of mining contaminated sites or
areas and the restoration of damaged natural resources on
public lands or land acquired to be restored in the Basin;
(4) develop and implement stream and river restoration
plans which would involve the rebuilding of stream structure,
placement of wood debris, habitat structures, and habitat
rocks, stabilization of banks, and riparian plantings in the
Basin;
(5) provide for monitoring of restored areas in order to
document the effectiveness of the restoration and identify any
residual problems not sufficiently corrected;
(6) cooperatively with the other land managing and public
health agencies, the Coeur d'Alene Indian tribe, regulators,
and land owners, develop and implement a land management plan
for the public lands and other lands in the Basin to reduce
human health and environmental risks;
(7) develop and maintain cooperatively an integrated
computerized geographical information system of cultural and
ecological resources, location of source and contaminated
areas, and records of restoration and management activities to
ensure long-term coordinated management within the Basin;
(8) working with the Forest Service, Fish and Wildlife
Service, Idaho Department of Fish and Game, the Coeur d'Alene
Indian tribe, and other wildlife interests, develop wildlife
and fishery habitat management plans for the streams, river,
lakes, and wetlands in the Basin, including development of
cooperative wildlife management areas;
(9) provide for monitoring of wildlife management areas in
the Basin for effectiveness of wildlife improvements and
restoration and management activities;
(10) working with the Forest Service, Idaho Departments of
Fish and Game and Parks and Recreation, public health agencies,
the Coeur d'Alene Indian tribe, and other public recreation
interests develop an integrated public recreation management
plan for the Basin to provide public information and minimize
recreational health risks; and
(11) develop and implement a lake and river information
program to provide public use and health risk information in
the Basin along with the recreation management and maintenance
of public land sites.
(b) Powers of BLM.--To accomplish the purposes of paragraphs (2),
(3), and (4) of subsection (a), the Director of the United States
Bureau of Land Management is authorized to carry out activities related
to--
(1) data collection and other inventory of mining waste
source areas and contaminated lands;
(2) data management of resource information, restoration
activities, and monitoring and management data;
(3) accepting or acquiring mining contaminated lands to
restore and manage for the purpose of minimizing long-term
human health and natural resource risks;
(4) design, engineering, construction, and maintenance of
restoration projects and management facilities;
(5) design, oversee construction, and management of
repositories for mine waste and mine contaminated soil needed
for restoration activities;
(6) lake and river information program, public use
information, and recreation use supervision;
(7) long-term restoration and land management plans for
contaminated and restored lands; and
(8) providing long-term maintenance and management of
restored public lands.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of the Interior, Bureau of Land
Management, such sums as may be necessary for fiscal years 1995, 1996,
1997, 1998, 1999, 2000, 2001, and 2002 to carry out subsections (a) and
(b) of this section.
SEC. 5. EXEMPTION FROM CERCLA LIABILITY.
The Environmental Protection Agency and the Department of the
Interior shall be specifically exempted from liability under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 for actions taken under this Act, including any amendment made
by this Act. | Coeur d'Alene Basin Restoration Act of 1994 - Amends the Federal Water Pollution Control Act to establish a Coeur d'Alene Basin Management Conference to develop a pollution prevention, control, and restoration plan for the Coeur d'Alene Basin in Idaho.
Requires the Administrator of the Environmental Protection Agency (EPA) to convene the management conference.
Authorizes the Administrator to make grants to State, interstate, and regional water pollution control agencies and public or nonprofit agencies to assist development of the plan.
Authorizes appropriations.
Directs the Secretary of the Interior, acting through the water resources divisions of the Idaho and Washington districts of the U.S. Geological Survey, to: (1) develop an integrated geographic information system of the Coeur d'Alene Basin; (2) convert all partial recording sites in the Basin to continuous monitoring stations with full gauging capabilities and status; and (3) establish additional continuous monitoring sites in the Basin as necessary to carry out basic data collection and monitoring.
Requires the Secretary, acting through the Fish and Wildlife Service, to: (1) establish a fisheries restoration, development, and conservation program; and (2) conduct a wildlife species and habitat assessment survey in the Basin. Authorizes appropriations.
Directs the Secretary, acting through the Bureau of Land Management, to carry out specified environmental restoration activities in the Basin. Authorizes appropriations.
Exempts the EPA and the Department of the Interior from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for actions taken under this Act. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biennial Commission on Energy Policy
Act of 2016''.
SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT.
(a) In General.--Title VIII of the Department of Energy
Organization Act (42 U.S.C. 7321) is amended by striking sections 801
and 802 and inserting the following new sections:
``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY.
``(a) Establishment.--There is established a commission to be known
as the `Biennial Commission on Energy Policy' (in this title referred
to as the `Commission').
``(b) Membership.--
``(1) Number and appointment.--The Commission shall be
composed of 15 members appointed in the following manner:
``(A) The President shall appoint 3 members.
``(B) The Speaker of the House of Representatives
shall appoint 3 members.
``(C) The minority leader of the House of
Representatives shall appoint 3 members.
``(D) The majority leader of the Senate shall
appoint 3 members.
``(E) The minority leader of the Senate shall
appoint 3 members.
``(2) Deadline for appointment.--Members of the Commission
shall be appointed not later than 30 days after the first day
of the first session of the 115th Congress.
``(3) Terms.--Members shall be appointed for a term of 2
years.
``(4) Consultation.--The President and Members of Congress
specified in paragraph (1) shall consult with each other before
appointing members to the Commission to achieve, to the maximum
extent practicable, a diversity of experience and expertise in
the membership of the Commission.
``(5) Vacancies.--Any vacancy on the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. A member appointed to
fill a vacancy occurring before the expiration of the term for
which such member's predecessor was appointed shall be
appointed for the remainder of that term.
``(6) Qualifications.--Each member appointed to the
Commission shall have professional experience in 1 or more of
the following areas:
``(A) Governmental service.
``(B) Energy production.
``(C) Renewable energy resource development.
``(D) Energy law.
``(E) Public administration.
``(F) Fossil fuel production.
``(G) Energy efficiency.
``(H) Environmental policy.
``(I) Labor.
``(J) Workplace safety.
``(K) Commerce and trade.
``(L) Corporate policies.
``(M) Infrastructure.
``(N) Foreign affairs.
``(7) Political affiliation.--Not more than 8 members of
the Commission shall be affiliated with the same political
party.
``(8) Restriction on government employees.--No individual
may serve as a member of the Commission while employed as an
officer or employee of the Federal Government or any State or
local government.
``(9) Basic pay.--Each member of the Commission 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 for each day (including travel time) during
which the member is engaged in the performance of the duties of
the Commission.
``(10) Travel expenses.--Each member of the Commission
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
``(c) Structure of Commission.--
``(1) Commencement.--The Commission shall meet and begin
operations not later than 30 days after the date on which all
members of the Commission have been appointed.
``(2) Chairperson; vice chairperson.--The chairperson and
vice chairperson of the Commission shall be selected by the
members.
``(3) Subcommittees.--Upon majority vote of the members,
the Commission may create subcommittees composed of less than
the full membership of the Commission to carry out specified
duties of the Commission.
``(4) Quorum.--Six members of the Commission shall
constitute a quorum.
``(5) Meetings.--
``(A) In general.--After its initial meeting, the
Commission shall meet upon the call of the chairperson
or a majority of its members.
``(B) Stakeholder meetings.--The Commission shall
conduct a quarterly meeting of stakeholders to assist
the Commission in carrying out its duties. The first
meeting shall be held not later than 90 days after the
date on which all members of the Commission have been
appointed. Subsequent meetings shall be held until the
Commission submits its final report.
``(C) Attendance at stakeholder meetings.--Members
shall be encouraged to attend stakeholder meetings held
pursuant to subparagraph (B) either in person or via
teleconference.
``SEC. 802. DUTIES AND POWERS OF THE COMMISSION.
``(a) Duties.--
``(1) In general.--The Commission shall carry out the tasks
described in paragraph (2) and make recommendations for
legislative and administrative actions to create an integrated
and comprehensive energy policy for the United States.
``(2) Tasks.--To carry out paragraph (1), the Commission
shall--
``(A) analyze the accessibility, affordability,
reliability, resiliency, and sustainability of the
energy sources in the United States, including coal,
oil, natural gas, wind, solar, nuclear, hydropower,
geothermal, and biofuels;
``(B) assess policy options to increase domestic
energy supplies and energy efficiency;
``(C) evaluate energy storage, transmission, and
distribution requirements that shall include
intermittent energy sources;
``(D) analyze the prospective role of stakeholders,
including academia, industry representatives, the
public, Federal laboratories (as defined in section 4
of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3703)), and Federal agencies in
creating an integrated and comprehensive energy policy;
``(E) assess the effectiveness of and need for
energy programs, including tax incentives, funding
mechanisms, and energy subsidies;
``(F) make recommendations for changes to the
organization of executive branch entities to facilitate
the development and implementation of national energy
objectives;
``(G) study relevant matters, as determined by the
Commission, raised at the stakeholder meetings
described in section 801(c)(5)(B); and
``(H) study other relevant matters as determined by
the Commission.
``(3) Materials studied.--The Commission shall review
materials on energy, including--
``(A) enacted and proposed Federal and State laws,
regulations, policies, and programs;
``(B) information developed by relevant
governmental and nongovernmental agencies, including
Federal laboratories;
``(C) scientific and technical literature and
publications; and
``(D) studies conducted by other entities.
``(b) Reports.--
``(1) Progress reports.--Not later than July 1 of the first
and third year of each Presidential term, the Commission shall
submit progress reports to Congress describing the activities
of the Commission and a summary of the information gathered
pursuant to subsection (a).
``(2) In general.--Not later than July 1 of the second and
fourth year of each Presidential term, the Commission shall
submit to Congress a report that shall include--
``(A) the findings and conclusions of the
Commission based on tasks carried out pursuant to
subsection (a)(2); and
``(B) recommendations for legislative and
administrative actions described in subsection (a)(1).
``(3) Publication.--Reports submitted pursuant to paragraph
(2) shall be made publicly available via a website.
``(c) Powers.--
``(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate. The Commission may
administer oaths or affirmations to witnesses appearing before
it.
``(2) Powers of subcommittees.--Any subcommittee created
pursuant to section 801(c)(3) may, if authorized by the
Commission, take any action which the Commission is authorized
to take by this title.
``(3) Gifts.--The Commission may accept, use, and dispose
of gifts or donations of services or property.
``(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as Federal departments and agencies.
``(5) Contract authority.--To the extent or in the amounts
provided in advance in appropriation Acts, the Commission may
contract with government and private agencies or persons for
the purpose of carrying out this section, without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5).
``(6) 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 title.
Upon request of the chairperson, vice chairperson, or a
subcommittee of the Commission, the head of such department or
agency shall furnish such information to the Commission.
``SEC. 803. PERSONNEL MATTERS.
``(a) Executive Director and Staff.--The chairperson of the
Commission may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, appoint
and terminate an executive director and not more than five additional
staff members. The employment of an executive director shall be subject
to confirmation by the Commission.
``(b) Pay.--The chairperson of the Commission may fix the
compensation of the executive director and staff without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification and General Schedule pay
rates, except that an individual appointed under paragraph (1) may not
receive pay in excess of the annual rate of basic pay for level V of
the Executive Schedule.
``(c) Detail of Government Employees.--Upon request of the
chairperson of the Commission, the head of any department or agency of
the Federal Government may detail, on a nonreimbursable basis, any
personnel of the department or agency to the Commission to assist the
Commission in carrying out its duties.
``(d) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5316 of such title.
``SEC. 804. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $3,000,000 to the
Secretary of Energy, without fiscal year limitation, to carry out this
title.''.
(b) Table of Contents Amendments.--The table of contents of such
Act is amended by striking the items relating to sections 801 and 802
and inserting the following:
``801. Biennial Commission on Energy Policy.
``802. Duties and powers of the Commission.
``803. Personnel matters.
``804. Authorization of appropriations.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the first day
of the second session of the 115th Congress. | Biennial Commission on Energy Policy Act of 2016 This bill amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. The commission must be composed of 15 members from a diverse group of industries and political party affiliations with no federal, state, or local officers or employees. The commission must: carry out specific analytical and research tasks related to a broad range of energy issues; and report to Congress on its findings, conclusions, and recommendations for legislative and administrative actions to create an integrated and comprehensive national energy policy for the United States. This bill replaces provisions requiring the President to submit a biennial National Energy Policy Plan. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as ``Clarifying Commercial Real Estate
Loans''.
SEC. 2. CAPITAL REQUIREMENTS FOR CERTAIN ACQUISITION, DEVELOPMENT, OR
CONSTRUCTION LOANS.
The Federal Deposit Insurance Act is amended by adding at the end
the following new section:
``SEC. 51. CAPITAL REQUIREMENTS FOR CERTAIN ACQUISITION, DEVELOPMENT,
OR CONSTRUCTION LOANS.
``(a) In General.--The appropriate Federal banking agencies may
only subject a depository institution to higher capital standards with
respect to a high volatility commercial real estate (HVCRE) exposure
(as such term is defined under section 324.2 of title 12, Code of
Federal Regulations, as of October 11, 2017, or if a successor
regulation is in effect as of the date of the enactment of this
section, such term or any successor term contained in such successor
regulation) if such exposure is an HVCRE ADC loan.
``(b) HVCRE ADC Loan Defined.--For purposes of this section and
with respect to a depository institution, the term `HVCRE ADC loan'--
``(1) means a credit facility secured by land or improved
real property that, prior to being reclassified by the
depository institution as a Non-HVCRE ADC loan pursuant to
subsection (d)--
``(A) primarily finances, has financed, or
refinances the acquisition, development, or
construction of real property;
``(B) has the purpose of providing financing to
acquire, develop, or improve such real property into
income-producing real property; and
``(C) is dependent upon future income or sales
proceeds from, or refinancing of, such real property
for the repayment of such credit facility;
``(2) does not include a credit facility financing--
``(A) the acquisition, development, or construction
of properties that are--
``(i) one- to four-family residential
properties;
``(ii) real property that would qualify as
an investment in community development; or
``(iii) agricultural land;
``(B) the acquisition or refinance of existing
income-producing real property secured by a mortgage on
such property, if the cash flow being generated by the
real property is sufficient to support the debt service
and expenses of the real property, as determined by the
depository institution, in accordance with the
institution's applicable loan underwriting criteria for
permanent financings;
``(C) improvements to existing income-producing
improved real property secured by a mortgage on such
property, if the cash flow being generated by the real
property is sufficient to support the debt service and
expenses of the real property, as determined by the
depository institution, in accordance with the
institution's applicable loan underwriting criteria for
permanent financings; or
``(D) commercial real property projects in which--
``(i) the loan-to-value ratio is less than
or equal to the applicable maximum supervisory
loan-to-value ratio as determined by the
appropriate Federal banking agency; and
``(ii) the borrower has contributed capital
of at least 15 percent of the real property's
appraised, `as completed' value to the project
in the form of--
``(I) cash;
``(II) unencumbered readily
marketable assets;
``(III) paid development expenses
out-of-pocket; or
``(IV) contributed real property or
improvements; and
``(iii) the borrower contributed the
minimum amount of capital described under
clause (ii) before the depository institution
advances funds under the credit facility, and
such minimum amount of capital contributed by
the borrower is contractually required to
remain in the project until the credit facility
has been reclassified by the depository
institution as a Non-HVCRE ADC loan under
subsection (d);
``(3) does not include any loan made prior to January 1,
2015; and
``(4) does not include a credit facility reclassified as a
Non-HVCRE ADC loan under subsection (d).
``(c) Value of Contributed Real Property.--For purposes of this
section, the value of any real property contributed by a borrower as a
capital contribution shall be the appraised value of the property as
determined under standards prescribed pursuant to section 1110 of the
Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3339), in connection with the extension of the credit
facility or loan to such borrower.
``(d) Reclassification as a Non-HVCRE ADC Loan.--For purposes of
this section and with respect to a credit facility and a depository
institution, upon--
``(1) the completion of the development or construction of
the real property being financed by the credit facility; and
``(2) cash flow being generated by the real property being
sufficient to support the debt service and expenses of the real
property,
in either case to the satisfaction of the depository institution, in
accordance with the institution's applicable loan underwriting criteria
for permanent financings, the credit facility may be reclassified by
the depository institution as a Non-HVCRE ADC loan.''. | Clarifying Commercial Real Estate Loans This bill amends the Federal Deposit Insurance Act to specify that a federal banking agency may not subject a depository institution to higher capital standards with respect to a high-volatility commercial real-estate (HVCRE) exposure unless the exposure is an HVCRE acquisition, development, or construction (ADC) loan. An HVCRE ADC loan is a one that: (1) is secured by land or improved real property; (2) has the purpose of providing financing to acquire, develop, or improve the real property such that the property becomes income-producing; and (3) is dependent upon future income or sales proceeds from, or refinancing of, the real property for the repayment of the loan. An HVCRE ADC loan does not include financing for a one- to four-family residential property, agricultural land, real property that would qualify as an investment in community development, existing income-producing real property secured by a mortgage, or certain commercial real-property projects. Furthermore, such a loan does not include any loan made prior to January 1, 2015. A depository institution may reclassify a loan as a non-HVCRE ADC loan if the depository institution is satisfied that: (1) the acquisition, development, or improvement of real property being financed by the loan is complete; and (2) the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. TREATMENT OF CHARITABLE REMAINDER PET TRUSTS IN MANNER
SIMILAR TO CHARITABLE REMAINDER ANNUITY TRUSTS.
(a) In General.--Subsection (a) of section 664 of the Internal
Revenue Code of 1986 (relating to general rule) is amended--
(1) by striking ``annuity trust and'' and inserting
``annuity trust,'', and
(2) by inserting ``, and a charitable remainder pet trust''
before the period at the end.
(b) Income Tax Treatment.--Subsections (a) and (c) of section 664
of such Code (relating to exemption from income taxes) are both
amended--
(1) by striking ``annuity trust and'' and inserting
``annuity trust,'', and
(2) by inserting ``, and a charitable remainder pet trust''
after ``unitrust''.
(c) Charitable Remainder Pet Trust Defined.--Subsection (d) of
section 664 of such Code (relating to definitions) is amended by adding
at the end the following new paragraphs:
``(5) Charitable remainder pet trust.--For purposes of this
section--
``(A) In general.--A charitable remainder pet trust
is a trust--
``(i) from which a sum certain (which is
not less than 5 percent nor more than 50
percent of the initial net fair market value
for all property placed in trust) is to be
paid, not less often than annually, to a
designated person or organization, or a
successor designated person or organization,
for the exclusive benefit (but allowing for
payment of any income tax resulting from the
payment) of one or more specified pets for a
term of years (not in excess of 20 years), such
payments to terminate at the earlier of the
expiration of the term of years or the death of
the last surviving specified pet,
``(ii) from which no amount other than the
payments described in clause (i) and the taxes
imposed pursuant to subsection (c) may be paid
to or for the use of any person other than an
organization described in section 170(c),
``(iii) following the termination of the
payments described in clause (i), the remainder
interest in the trust is to be transferred to,
or for the use of, an organization described in
section 170(c), and
``(iv) the value (determined under section
7520) of such remainder interest is at least 10
percent of the initial fair market value of all
property placed in the trust.
``(B) Value of remainder interest.--For purposes of
determining the value of the remainder interest of a
charitable remainder pet trust, the pets' life
expectancy shall be disregarded.
``(C) Pet.--A pet is any domesticated companion
animal (including a domesticated companion cat, dog,
rabbit, guinea pig, hamster, gerbil, ferret, mouse,
rat, bird, fish, reptile, or horse) which is living,
and owned or cared for by the taxpayer establishing the
trust, at the time of the creation of the trust.''.
(d) Conforming Amendments.--
(1) Sections 170(f)(2)(A), 2055(e)(2)(A), and 2522(c)(2)(A)
of such Code are each amended by striking ``charitable
remainder annuity trust or a charitable remainder unitrust''
and inserting ``charitable remainder annuity trust, charitable
remainder unitrust, or charitable remainder pet trust''.
(2) Sections 664(e) and 1361(e)(1)(B)(iii) of such Code are
both amended by striking ``charitable remainder annuity trust
or charitable remainder unitrust'' and inserting ``charitable
remainder annuity trust, charitable remainder unitrust, or
charitable remainder pet trust''.
(3) Paragraphs (1) and (3) of section 664(f) of such Code
are both amended by striking ``paragraph (1)(A) or (2)(A)'' and
inserting ``paragraph (1)(A), (2)(A), or (5)(A)(i)''.
(4) Section 2055(e)(3)(F) of such Code is amended by
inserting ``or pet (as defined in section 664(d)(5)(C))'' after
``by reason of the death of any individual''.
(5) Section 2652(c)(1)(C) of such Code is amended--
(A) in clause (i) by inserting ``within the meaning
of section 664'' before the comma at the end, and
(B) by striking ``or'' at the end of clause (ii),
by redesignating clause (iii) as clause (iv), and by
inserting after clause (ii) the following new clause:
``(iii) a charitable remainder pet trust
within the meaning of section 664, or''.
(e) Effective Date.--The amendments made by this section shall
apply to charitable remainder pet trusts created after the date of the
enactment of this Act. | Amends the Internal Revenue Code to provide for the tax treatment of a charitable remainder pet trust as a charitable remainder annuity trust. Defines "charitable remainder pet trust" as a trust which pays a specified annual amount (for a maximum term of 20 years) for the care of domesticated companion animals living at the time of creation of the trust. |
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 ``Consumer Assurance of Radiologic
Excellence Act''.
SEC. 2. STATE LICENSES REGARDING PRACTITIONERS OF MEDICAL IMAGING AND
RADIATION THERAPY; LIMITATION ON MEDICAID PAYMENTS FOR
PROCEDURES.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is
amended--
(1) in section 1903(i) (42 U.S.C. 1396b(i))--
(A) in paragraph (20), by striking the period at
the end and inserting ``; or''; and
(B) by inserting after paragraph (20) the following
paragraph:
``(21) with respect to any amount expended on medical
imaging procedures or radiation therapy procedures unless the
State meets the requirements of section 1930A (relating to
State medical radiation licenses).''; and
(2) by inserting after section 1930 the following section:
``state medical radiation licenses
``Sec. 1930A. (a) State Licenses Regarding Medical Imaging and
Radiation Therapy.--For purposes of section 1903(i)(21), a State meets
the requirements of this section if the State demonstrates to the
satisfaction of the Secretary that the law of the State has in effect
the following policies:
``(1) Subject to paragraphs (2) and (3), it is unlawful for
an individual in the State to intentionally administer or plan
medical imaging procedures or radiation therapy procedures to
or for a patient for medical or chiropractic purposes unless
the individual has obtained from the State a license,
certificate, or other document that authorizes the individual
to administer such procedures in the State (referred to in this
section as a `medical radiation license').
``(2) Notwithstanding any other provision of this section,
the State deems an individual as holding a medical radiation
license if the individual is licensed in the State as a doctor
of medicine, osteopathy, dentistry, podiatry, or chiropractic.
``(3) The State requires an individual who administers or
plans medical imaging procedures or radiation therapy
procedures to obtain a medical radiation license from the
State, unless--
``(A) the individual exclusively performs medical
ultrasound or echocardiography; or
``(B) the individual is a student enrolled in an
educational institution or program that is accredited
pursuant to subsection (b)(2)(B) and, as a student,
intentionally administers medical imaging procedures or
radiation therapy procedures for medical or
chiropractic purposes under the supervision of an
individual who holds a medical radiation license
obtained from the State.
``(4) The State does not provide a medical radiation
license to an individual unless the individual meets--
``(A) the criteria established under subsection (b)
by the Secretary; and
``(B) such additional criteria as the State may
establish.
``(b) Issuance by Secretary of Minimum Licensing Criteria.--
``(1) In general.--Not later than 18 months after the date
of the enactment of the Consumer Assurance of Radiologic
Excellence Act, the Secretary shall by regulation issue
criteria that, for purposes of subsection (a)(4)(A), establish
the minimum standards for an individual to obtain a medical
radiation license from a State. In carrying out the preceding
sentence, the Secretary shall--
``(A) establish such standards as the Secretary
determines to be appropriate for ensuring the quality
performance of medical imaging procedures and radiation
therapy procedures; and
``(B) ensure that the standards are at least as
protective of the public health as standards issued
under the Consumer-Patient Radiation Health and Safety
Act of 1981.
``(2) Certain standards.--The Secretary shall ensure that
standards under paragraph (1) are in accordance with the
following:
``(A) The standards shall specify the educational
requirements for an individual to obtain a medical
radiation license, including, if applicable,
requirements regarding practical experience.
``(B) The standards shall provide that an
educational requirement under subparagraph (A) is that
the education involved be provided by an educational
institution or program that is accredited by a
nonprofit private entity recognized by the Secretary
for purposes of this subsection.
``(C) The standards shall specify the criteria that
an entity is required to meet in order to be recognized
by the Secretary as an accrediting entity under
subparagraph (B). Such criteria shall provide that an
entity will not be so recognized unless the entity
establishes accrediting criteria satisfactory to the
Secretary with respect to the quality of educational
institutions and programs in the areas of
administrative policies and procedures, curricula,
recordkeeping, faculty, administrative support, and
such other areas as the Secretary determines to be
appropriate.
``(3) Consultation.--In developing standards under
paragraph (1), the Secretary shall consult with organizations
that are nationally recognized for their expertise in education
and credentialing in medical imaging procedures and radiation
therapy procedures.
``(c) Definitions.--For purposes of this section:
``(1) The term `administer', with respect to medical
imaging procedures or radiation therapy procedures, means--
``(A) the act of directly exposing a patient to
radiation via ionizing or RF radiation for purposes of
medical imaging or for purposes of radiation therapy;
and
``(B) the act of positioning a patient to receive
such an exposure.
``(2) The term `medical imaging procedure' means any
procedure or article, excluding medical ultrasound procedures
or articles, intended for use in the diagnosis of disease or
other medical or chiropractic conditions in humans, including
diagnostic X-rays, nuclear medicine, and magnetic resonance
procedures.
``(3) The term `medical radiation license' has the meaning
indicated for such term in subsection (a)(1).
``(4) The term `plan', with respect to medical imaging
procedures or radiation therapy procedures, means the act of
preparing for the administering of such a procedure to a
patient by evaluating patient-specific or site-specific
information, based on computer analysis or direct measurement
of dose, in order to customize the procedure for the patient
and verifying appropriate dose administrations.
``(5) The term `radiation therapy procedure' means any
radiation procedure or article intended for the cure,
mitigation, or prevention of diseases or disorders in
humans.''.
SEC. 3. APPLICABILITY.
With respect to the condition described in paragraph (21) of
section 1903(i) of the Social Security Act (as inserted by section 2 of
this Act):
(1) Except as provided in paragraph (2), such condition
applies to the States on and after the first day of the first
calendar quarter that begins after the date on which the
Secretary of Health and Human Services promulgates the final
rule under section 1930A(b)(1) of the Social Security Act (as
added by section 2 of this Act).
(2) If the Secretary determines that meeting such condition
requires State legislation (other than legislation
appropriating funds), the condition applies to the State
involved on and after the first day of the first calendar
quarter that begins after the close of the relevant session of
the State legislature. For purposes of the preceding sentence:
(A) The relevant session is the first regular
session of the State legislature that begins after the
date on which such final rule is promulgated by the
Secretary, subject to subparagraph (B).
(B) If the State has a two-year legislative
session, each year of the session is deemed to be a
separate regular session of the State legislature for
purposes of subparagraph (A). | Consumer Assurance of Radiologic Excellence Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit certain payments to States for expenditures for medical imaging procedures or radiation therapy procedures, unless the State meets specified requirements for State medical radiation licenses, including minimum licensing standards the Secretary of Health and Human Services shall establish. |
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 ``Protect Pregnant Women and Children
from Dangerous Lead Exposures Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Centers for Disease Control and Prevention
recognize that lead is a poison that--
(A) affects virtually every system in the human
body; and
(B) is particularly harmful to the developing
brains and nervous systems of fetuses and young
children;
(2) the Administrator has determined that lead--
(A) is associated with a wide array of harmful
impacts, including damage to the nervous system, the
reproductive system, the cardiovascular system,
physical development, the kidneys, hearing, and the
immune system; and
(B) can cause adverse behavioral impacts.
(3) the Centers for Disease Control and Prevention and the
Administrator have determined that children in general, and
children in low socioeconomic conditions and minority children
in particular, are at increased risk of lead exposure and
adverse health impacts from that exposure;
(4) the Census Bureau estimates that in 2006 more than
12,800,000 children under the age of 18 lived in poverty;
(5) in 1991, the Centers for Disease Control and Prevention
recognized that 10 micrograms per deciliter of lead in blood
should prompt public health actions, but that harmful impacts
may occur at blood lead levels below 10 micrograms per
deciliter;
(6) the Environmental Protection Agency (including the
Children's Health Protection Advisory Committee of the
Environmental Protection Agency) and other Federal entities
recognize that scientific studies since 1991 have strengthened
the evidence that blood lead levels below 10 micrograms per
deciliter, particularly in children, can harm human health;
(7) the Administrator recognizes that recent studies have
demonstrated that some reductions in cognitive function can
occur at the initial and lowest levels of lead exposure, though
additional harm can occur with continued exposure to lead;
(8) according to the Administrator, approximately 310,000
children in the United States between the ages of 1 and 5 years
have blood-lead levels greater than 10 micrograms per
deciliter;
(9) the Administrator has determined that lead-based paint
can pose a health threat through various types of exposure,
including through indoor dust and paint chips following
renovation activities;
(10) in 1992, Congress passed Public Law 102-550 (106 Stat.
3672), title X of which is cited as the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.);
(11) section 1021(a) of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 amended the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.) by adding a title IV to
that Act relating to lead exposure reduction (106 Stat. 3912);
(12) title IV of the Toxic Substances Control Act (15
U.S.C. 2681 et seq.) required the Administrator to undertake a
number of actions to protect individuals, including pregnant
women and children, from dangerous lead exposures, including by
requiring the Administrator--
(A) by not later than April 28, 1994, to promulgate
regulations identifying lead-based paint hazard
standards for use in determining standards and
regulations for reducing the risk of exposure to those
hazards;
(B) by not later than April 28, 1995, to conduct
and publish a study on the extent to which persons
engaged in various types of renovation and remodeling
activities in target housing, public buildings
constructed before 1978, and commercial buildings are
exposed to lead in the conduct of the activities, or
disturb lead and create a lead-based paint hazard, on a
regular or occasional basis; and
(C) by not later than October 28, 1996, to revise
the regulations that apply to renovation and remolding
activities in target housing, public buildings
constructed before 1978, and commercial buildings that
create lead-based paint hazards;
(13) on January 5, 2001, the Administrator promulgated the
lead-based paint hazard regulations required under section 403
of the Toxic Substances Control Act (15 U.S.C. 2683), which
identified dangerous levels of lead dust on floors at 40
micrograms per square foot or greater and for window sills at
250 micrograms per square foot or greater;
(14) in promulgating the regulations, the Administrator
stated that the ``standards [were] based on the best science
available to the Agency. The Environmental Protection Agency
recognizes, however, that the science is constantly developing
. . . If new data become available (e.g., empirical data
showing that very small amounts of deteriorated paint pose a
serious health risk or data showing that hazard control
activities are more effective at reducing long-term dust-lead
levels than assumed by the Environmental Protection Agency),
the Agency will consider changing the standards to reflect
these data.'';
(15) on January 23, 2007, the Administrator issued a draft
final dust study examining renovation and remodeling activities
and lead-contaminated dust hazards;
(16) on August 30, 2007, the Clean Air Science Advisory
Committee of the Environmental Protection Agency--
(A) reviewed the study on renovation and remodeling
activities and lead-contaminated dust hazards and the
approach of the Environmental Protection Agency to
characterizing lead-contaminated dust levels after
renovation and remodeling activities; and
(B) concluded that--
(i) ``[s]tandards need to be strengthened
in view of recent epidemiological data
indicating that children are more susceptible
to effects from lead than was previously
thought.'';
(ii) ``[t]he lead dust loading values of 40
mg/ft\2\ for floors and 250 mg/ft\2\ for window
sills are presented as adequately protective of
children against lead poisoning, i.e., to guard
against blood lead levels of greater than 10
(>10) mg/dL. However, the Panel notes that
these residual surface contamination standards
are obsolete on the basis of recent
epidemiology findings that indicate that
adverse health effects are found in children
with blood lead levels less than five (<5) mg/
dL. . .).'';
(iii) ``[t]he cleaning procedures employed
are inadequate, such that post-cleaning lead
levels do not even meet the existing
Environmental Protection Agency standards.
Moreover, the qualitative and simplistic method
used to verify the effectiveness of these
cleaning procedures, i.e., the `white cloth
verification tests', does not yield
consistently reliable results, leading to an
inaccurate assessment of cleaning efficiency
after repair and renovation activities.''; and
(iv) ``[t]he Panel strongly feels that it
is imprudent to substitute a simplistic and
qualitative white cloth test for highly
specific, analytical measures of lead in house
dust.'';
(17) on March 31, 2008, the Administrator issued final
lead-based paint renovation, repair, and painting regulations
that are based on--
(A) cleaning practices that--
(i) the scientific advisors of the
Administrator have criticized as
``inadequate''; and
(ii) are based on the goal of meeting the
lead dust loading values of 40 micrograms per
square foot for floors and 250 micrograms per
square foot for window sills, which those
scientific advisors have called ``obsolete''
based on studies demonstrating that the values
may be inadequately protective of children's
health; and
(B) the ``white cloth'' method to verify the
effectiveness of cleaning practices, which the
scientific advisors of the Administrator have called
``inaccurate'' and ``simplistic''; and
(18) the revised lead-based paint renovation, repair, and
painting rule of the Environmental Protection Agency fails--
(A) to use the best available science on the
adverse impacts of lead on children's health;
(B) to adequately protect the health of pregnant
women and children from lead poisoning; and
(C) to contain enforceable methods of verifying
that lead levels in homes and other facilities are safe
following lead-based paint renovation, repair, and
painting activities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best available science.--The term ``best available
science'' includes, with respect the establishment of standards
for the protection of individuals from exposure to lead,
studies on the health effects of lead completed since the
Environmental Protection Agency last updated the lead-based
paint hazard standard under section 403 of the Toxic Substances
Control Act (15 U.S.C. 2683), including especially recent
epidemiological studies, demonstrating that lead levels below
10 micrograms per deciliter of blood pose a threat to
children's health.
SEC. 4. PROTECTION OF PREGNANT WOMEN AND CHILDREN.
(a) Best Available Science.--
(1) Final regulations.--Not later than April 30, 2009, the
Administrator shall use the best available science--
(A) to promulgate a final rule revising the lead-
based paint hazard standard of the Environmental
Protection Agency promulgated under section 403 of the
Toxic Substances Control Act (15 U.S.C. 2683) to a more
protective level that safeguards the health of pregnant
women and children; and
(B) to require the use of a lead dust cleaning
clearance methodology that ensures lead dust levels
meet the standard revised under subparagraph (A).
(2) Peer review of analyses.--The Administrator shall
ensure that the Clean Air Science Advisory Committee of the
Environmental Protection Agency peer reviews the analyses that
the Administrator uses--
(A) to revise the lead-based paint hazard standard;
and
(B) to require the use of a lead dust cleaning
clearance methodology.
(b) Implement Protections for Pregnant Women and Children.--Not
later than April 22, 2010, the Administrator shall integrate into the
revised rules of the Environmental Protection Agency on renovation and
remolding activities that create lead-based paint hazards--
(1) the lead-based paint hazard standard revised under
subsection (a)(1)(A); and
(2) the lead dust cleaning clearance methodology required
under subsection (a)(1)(B).
(c) Periodic Revaluation.--The Administrator shall review and
reevaluate the health protectiveness of the rule promulgated under
subsection (a)(1)(A), for the sole purpose of determining whether to
increase protections for the health of pregnant women and children,
with the review and reevaluation occurring--
(1) at least once every 5 years; or
(2) more frequently, as necessary, if significant
scientific findings indicate that the standard described in
subsection (a)(1)(A) should be revised to increase protections
for the health of pregnant women and children.
SEC. 5. NO EFFECT ON OTHER EFFECTIVE DATES.
Nothing in this Act or any amendment made by this Act modifies or
otherwise affects any effective date described in the final rule of the
Environmental Protection Agency entitled ``Lead; Renovation, Repair,
and Repainting Program'' (73 Fed. Reg. 21692 (April 22, 2008)). | Protect Pregnant Women and Children from Dangerous Lead Exposures Act of 2008 - Requires the Administrator of the Environmental Protection Agency (EPA), no later than April 30, 2009, to use the best available science to: (1) promulgate a final rule revising EPA's lead-based paint hazard standard promulgated under the Toxic Substances Control Act to a more protective level that safeguards the health of pregnant women and children; and (2) require the use of a lead dust cleaning clearance methodology that ensures lead dust levels meet such revised standard. Requires the Administrator to ensure that EPA's Clean Air Science Advisory Committee peer reviews the analyses that the Administrator uses to revise such standard and to require the use of such methodology.
Requires the Administrator, no later than April 22, 2010, to integrate into EPA's revised rules on renovation and remolding activities that create lead-based paint hazards such revised standard and methodology.
Requires the Administrator to review and reevaluate the health protectiveness of the rule revising EPA's lead-based paint hazard standard to determine whether to increase protections for the health of pregnant women and children: (1) every five years; or (2) more frequently if significant scientific findings indicate that the standard should be so revised.
Declares that this Act does not modify or affect any effective date described in the final rule of the Environmental Protection Agency entitled "Lead: Renovation, Repair, and Repainting Program" published on April 22, 2008. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Partners Neighborhood
Preservation Act of 2011''.
SEC. 2. COMMUNITY PARTNERS NEXT DOOR PROGRAM.
(a) Congressional Findings.--The Congress finds that--
(1) teachers, law enforcement officers, fire fighters, and
rescue personnel help form the backbones of communities and are
integral components in the social capital of neighborhoods in
the United States; and
(2) providing a discounted purchase price on HUD-owned
properties for teachers, law enforcement officers, fire
fighters, and rescue personnel recognizes the intrinsic value
of the services provided by such employees to their communities
and to family life and encourages and rewards those who are
dedicated to providing public service in our most needy
communities.
(b) Discount and Downpayment Assistance for Teachers.--Section
204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) 50 percent discount for teachers and public safety
officers purchasing properties that are eligible assets.--
``(A) Discount.--A property that is an eligible
asset and is sold, during fiscal years 2012 through
2022, to a teacher or public safety officer for use in
accordance with subparagraph (B) shall be sold at a
price that is equal to 50 percent of the appraised
value of the eligible property (as determined in
accordance with paragraph (6)(B)). In the case of a
property eligible for both a discount under this
paragraph and a discount under paragraph (6), the
discount under paragraph (6) shall not apply.
``(B) Primary residence.--An eligible property sold
pursuant to a discount under this paragraph shall be
used, for not less than the 3-year period beginning
upon such sale, as the primary residence of a teacher
or public safety officer.
``(C) Sale methods.--The Secretary may sell an
eligible property pursuant to a discount under this
paragraph--
``(i) to a unit of general local government
or nonprofit organization (pursuant to
paragraph (4) or otherwise), for resale or
transfer to a teacher or public safety officer;
or
``(ii) directly to a purchaser who is a
teacher or public safety officer.
``(D) Resale.--In the case of any purchase by a
unit of general local government or nonprofit
organization of an eligible property sold at a
discounted price under this paragraph, the sale
agreement under paragraph (8) shall--
``(i) require the purchasing unit of
general local government or nonprofit
organization to provide the full benefit of the
discount to the teacher or public safety
officer obtaining the property; and
``(ii) in the case of a purchase involving
multiple eligible assets, any of which is such
an eligible property, designate the specific
eligible property or properties to be subject
to the requirements of subparagraph (B).
``(E) Mortgage downpayment assistance.--If a
teacher or public safety officer purchases an eligible
property pursuant to a discounted sale price under this
paragraph and finances such purchase through a mortgage
insured under this title, notwithstanding any provision
of section 203 the downpayment on such mortgage shall
be $100.
``(F) Prevention of undue profit.--The Secretary
shall issue regulations to prevent undue profit from
the resale of eligible properties in violation of the
requirement under subparagraph (B).
``(G) Definitions.--For the purposes of this
paragraph, the following definitions shall apply:
``(i) The terms `elementary school' and
`secondary school' have the meanings given such
terms in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
8801), except that, for purposes of this
paragraph, elementary education (as used in
such section) shall include pre-Kindergarten
education.
``(ii) The term `eligible property' means
an eligible asset described in paragraph (2)(A)
of this subsection.
``(iii) The term `public safety officer'
means an individual who is employed on a full-
time basis as a public safety officer, as such
term is defined in section 1204 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b).
``(iv) The term `teacher' means an
individual who is employed on a full-time
basis, in an elementary or secondary school, as
a State-certified or State-licensed classroom
teacher or as an administrator.''.
(c) Conforming Amendments.--Section 204(h) of the National Housing
Act (12 U.S.C. 1710(h)) is amended--
(1) in paragraph (4)(B)(ii), by striking ``paragraph (7)''
and inserting ``paragraph (8)'';
(2) in paragraph (5)(B)(i), by striking ``paragraph (7)''
and inserting ``paragraph (8)''; and
(3) in paragraph (6)(A), by striking ``paragraph (8)'' and
inserting ``paragraph (9)''.
(d) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue regulations to
implement the amendments made by this section.
(e) Sense of Congress Regarding Inclusion of Other Federal
Properties in Community Partners Next Door Program.--It is the sense of
the Congress that the Secretary of Housing and Urban Development should
consult with the heads of other agencies of the Federal Government that
own or hold properties appropriate for use as housing to determine the
possibility and effectiveness of including such properties in the
program pursuant to section 204(h)(7) of the National Housing Act, and
other programs that make housing available for law enforcement
officers, teachers, or fire fighters.
SEC. 3. ELIGIBILITY OF COMMUNITY PARTNERS FOR PURCHASE OF HUD-ACQUIRED
PROPERTY.
Notwithstanding any other provision of law, a public safety officer
or teacher (as such terms are defined in section 204(h)(7)(G) of the
National Housing Act (as amended by section 2 of this Act)) shall be
eligible to purchase of any property owned or held by the Secretary of
Housing and Urban Development pursuant to foreclosure of any mortgage
insured by the Secretary or pursuant to assignment of the mortgage,
deed in lieu of foreclosure, conveyance of title, or any other
acquisition of the property or mortgage in connection with the payment
of insurance benefits by the Secretary.
SEC. 4. RELEASE OF SECOND MORTGAGE FOR LAID-OFF COMMUNITY PARTNERS
UNDER GOOD NEIGHBOR NEXT DOOR INITIATIVE.
The Secretary of Housing and Urban Development shall revise the
Good Neighbor Next Door Initiative of the Secretary to provide that the
subordinate mortgage on the property of a mortgagor who purchased a
property under such initiative shall be released in any case in which
the mortgagor loses his or her employment position as a law enforcement
officer, teacher, firefighter, or emergency medical technician as a
result of any reductions in force or other reason other than dismissal
for cause.
SEC. 5. PREFERENCE UNDER HUD REO PROGRAM FOR COMMUNITY PARTNERS.
The Secretary of Housing and Urban Development, in making any real
estate owned of the Department of Housing and Urban Development
available for purchase, shall provide a preference for purchase by
public safety officers and teachers (as such terms are defined in
section 204(h)(7)(G) of the National Housing Act (as amended by section
2 of this Act)). | Community Partners Neighborhood Preservation Act of 2011 - Amends the National Housing Act to provide: (1) a 50% discount for teachers and public safety officers purchasing certain eligible asset properties for use as their primary residence during FY2012-FY2022, and (2) a $100 downpayment on any related insured mortgage.
Authorizes such sales directly to a qualifying individual or to a unit of local government or a nonprofit organization for resale to such individual.
Expresses the sense of Congress that the Secretary of Housing and Urban Development (HUD) should consult with the heads of other federal agencies that own or hold properties appropriate for use as housing to determine the possibility and effectiveness of including such properties in programs that make housing available for law enforcement officers, teachers, or fire fighters.
Makes a public safety officer or teacher eligible to purchase any property owned or held by the Secretary pursuant to: (1) foreclosure of any HUD-insured mortgage; or (2) assignment of the mortgage, deed in lieu of foreclosure, conveyance of title, or any other acquisition of the property or mortgage in connection with the payment of insurance benefits by the Secretary.
Directs the Secretary to revise the Good Neighbor Next Door Initiative to provide that the subordinate mortgage on the property of a mortgagor who purchased it under the Initiative shall be released in any case in which the mortgagor loses his or her employment position as a law enforcement officer, teacher, firefighter, or emergency medical technician as a result of any reductions in force or other reason other than dismissal for cause.
Directs the Secretary of HUD, in making any real estate owned by HUD available for purchase, to provide a preference for purchase by public safety officers and teachers. |
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 ``Quality Cancer Care for Life Act of
2010''.
SEC. 2. IMPROVING QUALITY OF CANCER CARE AND QUALITY OF LIFE FOR
PATIENTS AND SURVIVORS.
Title III of the Public Health Service Act (42 U.S.C. 243 et seq.)
is amended by adding at the end the following:
``SEC. 317U. INFORMATION, SUPPORT, AND OUTCOMES MONITORING TO IMPROVE
QUALITY CARE AND QUALITY OF LIFE FOR CANCER PATIENTS AND
SURVIVORS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention (in this section
referred to as the `Director'), shall improve the quality of cancer
care and quality of life for cancer patients and survivors by expanding
cancer control programs of the Centers for Disease Control and
Prevention, including the National Comprehensive Cancer Control Program
and the National Program of Cancer Registries.
``(b) Coordination of Federal Cancer Care and Survivorship.--
``(1) In general.--The Secretary shall direct the
coordination of appropriate agencies described in paragraph (2)
for the following purposes:
``(A) To develop information and support to States
to--
``(i) incorporate evidence-based, best
practice strategies into Comprehensive Cancer
Control Program activities and services of such
States; and
``(ii) improve systems of care and care
delivery by including promotion of care
supporting quality of life for cancer patients,
survivors, and the family caregivers of such
patients and survivors.
``(B) To develop service delivery efforts with
special emphasis on addressing the particular needs of
childhood and adolescent cancer patients and survivors,
as well as patients and survivors in low-income,
racial, or ethnic minority groups, and other medically
underserved populations.
``(C) To improve the National Program of Cancer
Registries and other existing surveillance systems for
tracking cancer patients and survivors and assessing
their health status and risk for other chronic and
disabling conditions.
``(2) Appropriate agencies.--Appropriate agencies described
in this paragraph include the Office of Cancer Survivorship at
the National Cancer Institute, the National Institute of
Nursing Research, and such other appropriate agencies as
determined by the Secretary.
``(c) Improving State and Local Programs To Address Cancer Care and
Survivorship.--In conducting or supporting State and local
comprehensive cancer control programs through the Centers for Disease
Control and Prevention, the Secretary shall provide funding and support
to States, localities, and territories to expand and enhance such
programs for the following purposes:
``(1) To include emphasis on quality cancer care and
survivorship, and provide information and support for quality
care initiatives for all cancer patient and survivor
populations including women, children, adolescent, minority,
and other medically underserved populations.
``(2) To develop and strengthen community outreach and
education programs, resources, interventions, and campaigns;
strengthen community information delivery systems to inform
patients, survivors, and family members about quality of life
support and services available to relieve pain, symptoms and
stress; increase awareness of treatment and post-treatment
health risks and challenges; and provide follow-up care
important for survivors. Such programs may--
``(A) create and disseminate easily accessible,
culturally appropriate communication materials and
resources tailored to specific audiences;
``(B) inform patients, survivors, and family
caregivers about particular symptoms, side effects, and
late effects often associated with specific types of
cancer or treatments and the importance of addressing
them as essential elements of quality health care
across the life course, including information on pain,
nausea, fatigue, or other physical symptoms; worry,
stress, or other psychological or emotional symptoms;
lymphedema; cancer-related oral health issues and oral
care; sexual dysfunction; fertility concerns and
fertility preservation options; specific side effects
or late effects that may affect overall health and well
being; survivorship follow up care; and any other
health-related conditions that are known to be
experienced as a result of cancer by patients,
survivors, and their family caregivers across the life
course;
``(C) provide resource and referral information
about other specific issues faced by cancer patients,
survivors, and their families, including financial
concerns, employment rights, medical leave, insurance
coverage, anticipating and managing late effects of
treatment and recurrent disease, advance care planning
(including advance directives, living wills, and
durable powers of attorney), and other care planning
involved in health and medical decision-making; and
``(D) assist patients, survivors, and family
caregivers with information about how to communicate
effectively with health professionals about physical
and psychological symptoms, and limitations or barriers
to normal daily function that may be caused by
treatment of cancer.
``(3) To include special emphasis on addressing the
particular needs of children and adolescent cancer patients and
survivors, as well as patients and survivors in low-income,
racial, or ethnic minority groups, and other medically
underserved populations.
``(d) Cancer Care and Survivorship Demonstration Grants.--
``(1) In general.--The Director shall award competitive
grants to States, localities, and not-for-profit organizations
for the purposes of developing, implementing, and evaluating
cancer case management and coordination programs to enhance the
quality of cancer care and quality of life for patients and
survivors and to improve cancer outcomes. Specific emphasis
shall be on addressing relief of symptoms, pain, side effects,
and stress; increasing patient awareness of treatment and post-
treatment health risks; and survivor care.
``(2) Application.--A State, locality, or not-for-profit
organization seeking a grant under this subsection shall submit
to the Director an application (at such time, in such manner,
and containing such information as the Director may require),
including assurances that the State, locality, or entity will--
``(A) serve medically underserved populations
through specific outreach activities and coordinate
culturally competent and appropriate care in accordance
with existing, relevant departmental guidelines; and
``(B) evaluate and disseminate to the public
annually detailed information about program activities.
``(3) Use of funds.--A State, locality, or not-for-profit
entity shall use grant amounts awarded under this subsection to
carry out programs that create partnerships with community
organizations, including health care providers, cancer centers,
hospitals, community health centers, palliative care programs,
psychosocial care programs, hospice programs, home care,
nonprofit organizations, health plans to facilitate access to
integrated care services that support quality of life needs for
patients, survivors, and family caregivers. Such activities
shall include--
``(A) patient navigation and referrals, including
assistance to patients and survivors in finding support
groups;
``(B) interventions for patients, survivors, and
caregivers; pain management; palliative care;
psychosocial care; hospice; or other end of life care
programs;
``(C) general advocacy on behalf of patients,
survivors, and families; and
``(D) an evaluation to identify best practices to
improve the coordination of cancer and survivorship
care services and activities.
``(4) Evaluation and reporting.--The Director shall
evaluate activities funded under this subsection and shall
submit to Congress (and disseminate to the public) reports
related to such evaluation, including findings, outcomes, and
other program information. The first report shall be submitted
not later than January 1, 2013, with updates provided every
three years thereafter.
``(e) Health Care Professional Education and Training Demonstration
Grants.--
``(1) In general.--The Director shall award competitive
grants to not-for-profit entities or qualified individuals for
the purpose of training individuals to undertake the quality of
life needs of cancer patients, survivors, and family
caregivers.
``(2) Application.--A not-for-profit entity or qualified
individual seeking a grant under this subsection shall submit
an application to the Director at such time, and in such
manner, and containing such information as the Director may
require, including assurances that the entity or individual
will--
``(A) improve health professional communication
skills in caring for patients and survivors to more
effectively assess and address their quality of life or
survivorship concerns;
``(B) assess and relieve pain, symptoms, side
effects, and stress associated with cancer and its
treatment;
``(C) promote care planning to align treatment with
patient and family goals;
``(D) anticipate and communicate about cancer
treatment and post-treatment health risks and follow-up
care;
``(E) provide palliative, psychosocial, or other
care to support quality of life integrated as part of
disease-directed treatment to improve quality of cancer
care;
``(F) promote use of survivorship care planning;
``(G) improve cultural sensitivity, communication,
and patient care for minority and medically underserved
populations, including addressing the particular needs
of children, adolescents, and their families; racial
and ethnic groups, and other medically underserved
cancer patient and survivor populations; and
``(H) collect and analyze data related to the
effectiveness of education and training efforts.
``(3) Use of funds.--An eligible entity shall use grant
amounts awarded under this subsection to train and develop
individuals with skills needed to assist the quality of life
needs of cancer patients, survivors, and family caregivers by
addressing symptoms, pain, side effects, stress, treatment, and
post-treatment health risks and train individuals to assist in
arranging follow-up care across the life course.
``(4) Evaluation.--The Secretary shall develop and
implement a plan for evaluating the effects of professional
training programs funded through this subsection.
``(5) Definition.--For purposes of this subsection, the
term `qualified individual' means a physician, nurse, social
worker, chaplain, psychologist, or other individual who is
involved in providing palliative care and symptom management
services to cancer patients.
``(f) Quality of Life Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this section, the Secretary shall establish
a Quality of Life Advisory Committee (in this subsection
referred to as the `advisory committee') to advise, coordinate,
and assist the Centers for Disease Control and Prevention in
creating and conducting the cancer quality of life and
survivorship activities, program enhancements, and training
initiatives specified in subsections (a) through (e).
``(2) Membership.--The Secretary shall appoint to the
advisory committee such members as the Secretary considers
necessary, and shall include individuals and representatives of
public and private organizations with expertise in cancer
treatment and care; pain, symptom, and stress management; and
cancer survivorship.
``(3) Duties.--The advisory committee shall meet at least
once a year and shall--
``(A) consider and summarize recent advances
achieved in cancer symptom management and survivorship
research relevant to the goals of this section and
identify gaps in basic, clinical, behavioral, or other
research required to achieve further improvements in
care to support quality of life and survivorship; and
``(B) annually submit to the Secretary a report on
the findings described in subparagraph (A) with
recommendations about additional research needed to
improve care for cancer patients, survivors, and
families that will support quality of life and
survivorship.
``(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated such sums as are necessary.''.
SEC. 3. ENHANCING RESEARCH IN SUPPORT OF QUALITY OF LIFE, AND CANCER
SURVIVORSHIP.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. QUALITY CANCER CARE AND CANCER SURVIVORSHIP RESEARCH.
``(a) In General.--The Director of the National Institutes of
Health shall, in coordination with recommendations of the Quality of
Life Advisory Committee established under section 317U(f), undertake
additional cancer quality of life and survivorship research that
addresses pain, symptom management, side effects and late effects, and
psychosocial factors to improve cancer clinical communication and care
planning, treatment and post-treatment, and follow-up care across the
life course.
``(b) Authorized Research.--Research supported under this section
may include at least the following:
``(1) Examination of evidence-based practices relating to
cancer care, survivorship, and follow-up care including
comparing community-based public health interventions.
``(2) Analysis of the translation of cancer interventions
from academic settings to real world settings.
``(3) Lifestyle, behavioral, and other research on the
impact of cancer treatment and survivorship.
``(4) Formative research to assist with the development of
educational messages and information, for dissemination to
targeted populations such as children, adolescents, racial and
ethnic minority groups, and other medically underserved groups,
on the residual effects of cancer treatment.
``(5) Health disparities in cancer survivorship outcomes
within minority or other medically underserved populations.
``(6) Intervention research to prevent or treat the post-
treatment effects of cancer treatment.
``(7) Identification of the unique needs of patients who
are diagnosed with rare or deadly cancers or cancers that have
not been well studied.
``(8) Development of a consistent, standardized model of
service delivery for cancer-related follow-up care across
cancer centers and community oncology practices.
``(9) Development, testing, and communication of messages
for patients, survivors, and health professionals that will
improve understanding, demand for, and delivery of care to
relieve pain, symptoms, stress, and other quality of life
factors associated with serious illnesses such as cancer.
``(c) Funding.--Such funds as necessary to accomplish the
requirements of subsection (a) shall be available from funds reserved
under section 402A(c)(1) for the Common Fund or otherwise available for
such initiatives.''. | Quality Cancer Care for Life Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to improve the quality of cancer care and the quality of life for cancer patients and survivors by expanding CDC cancer control programs, including the National Comprehensive Cancer Control Program and the National Program of Cancer Registries.
Requires the Director of CDC to award grants to: (1) develop, implement, and evaluate cancer case management and coordination programs to enhance the quality of cancer care and the quality of life for patients and survivors and to improve cancer outcomes; and (2) train individuals to undertake the quality of life needs of cancer patients, survivors, and family caregivers.
Requires the Secretary to establish a Quality of Life Advisory Committee to advise, coordinate, and assist the CDC in creating and conducting the cancer quality of life and survivorship activities, program enhancements, and training initiatives under this Act.
Requires the Director of the National Institutes of Health (NIH) to undertake additional cancer quality of life and survivorship research that addresses pain, symptom management, side effects and late effects, and psychosocial factors to improve cancer clinical communication and care planning, treatment and post-treatment, and follow-up care across the life course. |
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 ``Fiscal Year 2010 Federal Aviation
Administration Extension Act, Part II''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2009'' and inserting ``March 31, 2010''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2009'' and inserting ``March 31, 2010''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``December 31, 2009'' and inserting
``March 31, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2010'' and inserting ``April 1,
2010''; and
(2) by inserting ``or the Fiscal Year 2010 Federal Aviation
Administration Extension Act, Part II'' before the semicolon at the
end of subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
Code is amended by striking ``January 1, 2010'' and inserting ``April
1, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(7) of title 49, United States
Code, is amended to read as follows:
``(7) $2,000,000,000 for the 6-month period beginning on
October 1, 2009.''.
(2) Obligation of amounts.--Sums made available pursuant to the
amendment made by paragraph (1) may be obligated at any time
through September 30, 2010, and shall remain available until
expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United States
Code, for the 6-month period beginning on October 1, 2009, the
Administrator of the Federal Aviation Administration shall--
(A) first calculate funding apportionments on an annualized
basis as if the total amount available under section 48103 of
such title for fiscal year 2010 were $4,000,000,000; and
(B) then reduce by 50 percent--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b)
and 47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of such title is
amended by striking ``December 31, 2009,'' and inserting ``March 31,
2010,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is amended
by striking ``January 1, 2010.'' and inserting ``April 1, 2010.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``December 31, 2009,'' and inserting ``March
31, 2010,''; and
(2) by striking ``March 31, 2010,'' and inserting ``June 30,
2010,''.
(c) Section 44303(b) of such title is amended by striking ``March
31, 2010,'' and inserting ``June 30, 2010,''.
(d) Section 47107(s)(3) of such title is amended by striking
``January 1, 2010.'' and inserting ``April 1, 2010.''.
(e) Section 47115(j) of such title is amended by striking ``January
1, 2010,'' and inserting ``April 1, 2010,''.
(f) Section 47141(f) of such title is amended by striking
``December 31, 2009.'' and inserting ``March 31, 2010.''.
(g) Section 49108 of such title is amended by striking ``December
31, 2009,'' and inserting ``March 31, 2010,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking
``January 1, 2010,'' and inserting ``April 1, 2010,''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``January 1, 2010,'' and inserting ``April 1, 2010,''.
(j) The amendments made by this section shall take effect on
January 1, 2010.
SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k)(1)(F) of title 49, United States Code, is amended to
read as follows:
``(F) $4,676,574,750 for the 6-month period beginning on
October 1, 2009.''.
SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(6) of title 49, United States Code, is amended to
read as follows:
``(6) $1,466,888,500 for the 6-month period beginning on
October 1, 2009.''.
SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(14) of title 49, United States Code, is amended to
read as follows:
``(14) $92,500,000 for the 6-month period beginning on October
1, 2009.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II - Amends the Internal Revenue Code to extend through March 31, 2010: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund.
Authorizes appropriations for the six-month period from October 1, 2009, through March 31, 2010, for airport improvement program (AIP) projects, including project grant authority. Sets forth a formula for calculating the apportionment of AIP funding.
Extends through March 31, 2010, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (3) the temporary increase to 95% in the government share of certain AIP project costs; and (4) the funding of Midway Island airport development.
Extends through March 31, 2010, state and local land use compatibility projects under the AIP program.
Extends through March 31, 2010, the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee.
Extends through March 31 2010, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Allows further extension through June 30, 2010.
Extends through June 30, 2010, air carrier liability limits for injuries to passengers resulting from acts of terrorism.
Extends through March 31, 2010, certain competitive access assurance requirements for large or medium hub airport sponsors applying for AIP grants.
Extends for the six-month period beginning October 1, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Professionals Substance Abuse
Education Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Illegal drugs and alcohol are responsible for thousands
of deaths each year, and they fuel the spread of a number of
communicable diseases, including AIDS and Hepatitis C, as well
as some of the worst social problems in the United States,
including child abuse, domestic violence, and sexual assault.
(2) There are an estimated 14,800,000 current drug users in
America, more than 4,000,000 of whom are addicts. An estimated
14,000,000 Americans abuse alcohol or are alcoholic.
(3) There is a significant treatment gap in the United
States. Nearly 4,000,000 drug users who are in need of
immediate treatment are not receiving it. This includes more
than 1,200,000 children ages 12 to 25. These numbers do not
take into account the number of alcoholics in need of
treatment.
(4) There are more than 28,000,000 children of alcoholics
in America, almost 11,000,000 of whom are under 18 years of
age. Countless other children are affected by substance abusing
parents or other caretakers. Health professionals are uniquely
positioned to help reduce or prevent alcohol and other drug-
related impairment by identifying affected families and youth
and by providing early intervention.
(5) Drug addiction is a chronic relapsing disease. As with
other chronic relapsing diseases (such as diabetes,
hypertension and asthma), there is no cure, although a number
of treatments can effectively control the disease. According to
an article published in the Journal of the American Medical
Association, treatment for addiction works just as well as
treatment for other chronic relapsing diseases.
(6) Drug treatment is cost effective, even when compared
with residential treatment, the most expensive type of
treatment. Residential treatment for cocaine addiction costs
between $15,000 and $20,000 a year, a substantial savings
compared to incarceration (costing nearly $40,000 a year), or
untreated addiction (costing more than $43,000 a year). Also,
in 1998, substance abuse and addiction accounted for
approximately $10,000,000,000 in Federal, State, and local
government spending simply to maintain the child welfare
system. The economic costs associated with fetal alcohol
syndrome were estimated at $1,900,000,000 for 1992.
(7) Many doctors and other health professionals are
unprepared to recognize substance abuse in their patients or
their families and intervene in an appropriate manner. Only 56
percent of residency programs have a required curriculum in
preventing or treating substance abuse.
(8) Fewer than 1 in 5 doctors (only 19 percent) feel
confident about diagnosing alcoholism, and only 17 percent feel
qualified to identify illegal drug use.
(9) Most doctors who are in a position to make a diagnosis
of alcoholism or drug addiction do not believe that treatment
works (less than 4 percent for alcoholism and only 2 percent
for drugs).
(10) According to a survey by the National Center on
Addiction and Substance Abuse at Columbia University (referred
to in this section as ``CASA''), 94 percent of primary care
physicians and 40 percent of pediatricians presented with a
classic description of an alcoholic or drug addict,
respectively, failed to properly recognize the problem.
(11) Another CASA report revealed that fewer than 1 percent
of doctors presented with the classic profile of an alcoholic
older woman could diagnose it properly. Eighty-two percent
misdiagnosed it as depression, some treatments for which are dangerous
when taken with alcohol.
(12) Training can greatly increase the degree to which
medical and other health professionals screen patients for
substance abuse. It can also increase the manner by which such
professionals screen children and youth who may be impacted by
the addiction of a parent or other primary caretaker. Boston
University Medical School researchers designed and conducted a
seminar on detection and brief intervention of substance abuse
for doctors, nurses, physician's assistants, social workers and
psychologists. Follow-up studies reveal that 91 percent of
those who participated in the seminar report that they are
still using the techniques up to 5 years later.
(13) According to the National Clearinghouse for Alcohol
and Drug Information, drug and alcohol abuse account for more
than $400,000,000,000 in health care costs each year. Arming
health care professionals with the information they need in
order to intervene and prevent further substance abuse could
lead to a significant cost savings.
(14) A study conducted by doctors at the University of
Wisconsin found a $947 net savings patient in health care,
accident, and criminal justice costs for each individual
screened and, if appropriate, for whom intervention was made,
with respect to alcohol problems.
(b) Purpose.--It is the purpose of this Act to--
(1) improve the ability of health care professionals to
identify and assist their patients with substance abuse;
(2) improve the ability of health care professionals to
identify and assist children and youth affected by substance
abuse in their families; and
(3) help establish an infrastructure to train health care
professionals about substance abuse issues.
SEC. 3. HEALTH PROFESSION EDUCATION.
(a) Secretary of Health and Human Services.--The Secretary of
Health and Human Services may enter into interagency agreements with
the Health Resources Services Administration or the Substance Abuse and
Mental Health Services Administration to enable each such
Administration to carry out activities to train health professionals
(who are generalists and not already specialists in substance abuse) so
that they are competent to--
(1) recognize substance abuse in their patients or the
family members of their patients;
(2) intervene, treat, or refer for treatment those
individuals who are affected by substance abuse;
(3) identify and assist children of substance abusing
parents; and
(4) serve as advocates and resources for community-based
substance abuse prevention programs.
(b) Use of Funds.--Amounts received under an interagency agreement
under this section shall be used--
(1) with respect to the Health Resources and Services
Administration, to support the Association for Medical
Education and Research in Substance Abuse (AMERSA)
Interdisciplinary Project; and
(2) with respect to the Substance Abuse and Mental Health
Services Administration, to support the Addiction Technology
Transfer Centers counselor training programs to train other
health professionals.
(c) Collaboration.--To be eligible to enter into an interagency
agreement under this section the Health Resources and Services
Administration or the Substance Abuse and Mental Health Services
Administration shall demonstrate that such Administration will
participate in interdisciplinary collaboration and collaborate with
other nongovernmental organizations with respect to activities carried
out under this section.
(d) Evaluations.--The Health Resources and Services Administration
and the Substance Abuse and Mental Health Services Administration shall
conduct a process and outcome evaluation of the programs and activities
carried out with funds received under this section, and shall provide
semi-annual reports to the Secretary of Health Human Services and the
Director of the Office of National Drug Control Policy.
(e) Definitions.--In this section--
(1) the term ``health professional'' means a doctor, nurse,
physician assistant, nurse practitioner, social worker,
psychologist, pharmacist, osteopath, or other individual who is
licensed, accredited, or certified under State law to provide
specified health care services and who is operating within the
scope of such licensure, accreditation, or certification; and
(2) the terms ``doctor'', ``nurse'', ``physician
assistant'', ``nurse practitioner'', ``social worker'',
``psychologist'', ``pharmacist'', and ``osteopath'' shall have
the meanings given such terms for purposes of titles VII and
VIII of the Public Health Service Act (42 U.S.C. 292 et seq and
296 et seq.).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,500,000 for each of fiscal
years 2002 through 2006, of which $1,000,000 in each such fiscal year
shall be made available to the Substance Abuse and Mental Health
Services Administration and $4,500,000 in each such fiscal year shall
be made available to the Health Resources and Services Administration,
to carry out this section. Amounts made available under this subsection
shall be used to supplement and not supplant amounts being used on the
date of enactment of this Act for activities of the types described in
this section.
SEC. 4. SUBSTANCE ABUSE FACULTY FELLOWSHIP.
(a) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish and
administer a substance abuse faculty fellowship program under which the
Secretary shall provide assistance to eligible institutions to enable
such institutions to employ individuals to serve as faculty and provide
substance abuse training in a multi-discipline manner.
(b) Eligibility.--
(1) Institutions.--To be eligible to receive assistance
under this section, an institution shall--
(A) be an accredited medical school or nursing
school, or be an institution of higher education that
offers one or more of the following--
(i) an accredited physician assistant
program;
(ii) an accredited nurse practitioner
program;
(iii) a graduate program in pharmacy;
(iv) a graduate program in public health;
(v) a graduate program in social work; or
(vi) a graduate program in psychology; and
(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
(2) Individuals.--To be eligible to receive a fellowship
from an eligible institution under this section, an individual
shall prepare and submit to the institution an application at
such time, in such manner, and containing such information as
the institution may require.
(c) Use of Funds.--
(1) In general.--An eligible institution shall utilize
assistance received under this section to provide one or more
fellowships to eligible individuals. Such assistance shall be
used to pay not to exceed 50 percent of the annual salary of
the individual under such a fellowship for a 5-year period.
(2) Fellowships.--Under a fellowship under paragraph (1),
an individual shall--
(A) devote a substantial number of teaching hours
to substance abuse issues (as part of both required and
elective courses) at the institution involved during
the period of the fellowship; and
(B) attempt to incorporate substance abuse issues
into the required curriculum of the institution in a
manner that is likely to be sustained after the period
of the fellowship ends.
Courses described in this paragraph should by taught as part of
several different health care training programs at the
institution involved.
(3) Evaluations.--The Secretary shall conduct a process and
outcome evaluation of the programs and activities carried out
with amounts appropriated under this section and shall provide
semi-annual reports to the Director of the Office of National
Drug Control Policy and the Secretary of Health and Human
Services.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $3,500,000 for each of the
fiscal years 2002 through 2006. Amounts made available under this
subsection shall be used to supplement and not supplant amounts being
used on the date of enactment of this Act for activities of the types
described in this section.
SEC. 5. OVERSIGHT COMMITTEE.
(a) In General.--The Director of the Office of National Drug
Control Policy shall convene an interagency oversight committee,
composed of representatives of the Health Resources and Services
Administration, as well as the National Institute on Drug Abuse, the
National Institute on Alcohol Abuse and Alcoholism, the Substance Abuse
and Mental Health Services Administration, and the National Institute
on Mental Health, and non-governmental organizations determined to be
experts in the field of substance abuse, to receive updates concerning
and coordinate the Federal activities funded under this Act and the
activities of various Federal agencies, toward the goal of educating
health professionals about substance abuse.
(b) Meetings.--The interagency oversight committee established
under subsection (a) shall meet at least twice each year at the call of
the Director of the Office of National Drug Control Policy. | Health Professionals Substance Abuse Education Act - Authorizes the Secretary of Health and Human Services to enter into interagency agreements with the Health Resources Services Administration (Association for Medical Education and Research in Substance Abuse Interdisciplinary Project) or the Substance Abuse and Mental Health Services Administration (Addiction Technology Transfer Centers counselor training programs) to carry out training activities for health professionals concerning the diagnosis, intervention, treatment, treatment referral, and prevention program advocacy with respect to substance abuse.Directs the Secretary to establish and administer a substance abuse faculty fellowship program to provide assistance to enable eligible institutions to employ individuals to serve as faculty and provide substance abuse training in a multi-disciplinary manner.Requires the Director of the Office of National Drug Control Policy to convene an interagency oversight committee to coordinate Federal activities concerning substance abuse training for health professionals. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College Partnership Act of
2003''.
SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS
AUTHORIZED.
Subpart 2 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a-11) is amended--
(1) by redesignating section 407E as section 406E; and
(2) by adding at the end the following:
``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY
``SEC. 407A. PURPOSE.
``It is the purpose of this chapter to enhance--
``(1) retention of students at community or technical
colleges;
``(2) opportunities of students to transfer to 4-year
institutions of higher education and complete baccalaureate
degrees; and
``(3) preparation of students for high-quality and high-
demand emerging and established occupations.
``SEC. 407B. ACTIVITIES.
``(a) Definitions.--In this chapter:
``(1) Community or technical college.--The term `community
or technical college' means an institution of higher
education--
``(A) that admits as regular students, individuals
who are beyond the age of compulsory school attendance
in the State in which the institution is located and
who have the ability to benefit from the training
offered by the institution;
``(B) that predominately does not provide an
educational program for which it awards a baccalaureate
degree (or an equivalent degree);
``(C) that--
``(i) provides an educational program of
not less than 2 years that is acceptable for
full credit toward a baccalaureate degree; or
``(ii) offers a 2-year program in
engineering, mathematics, or the physical or
biological sciences, designed to prepare a
student to work as a technician or at the
semiprofessional level in engineering,
scientific, or other technological fields
requiring the understanding and application of
basic engineering, scientific, or mathematical
principles of knowledge; and
``(D) that is accredited by a regional accrediting
agency or association recognized by the Secretary under
section 496.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a statewide governance or coordinating board
with jurisdiction over community or technical colleges
and institutions of higher education that offer a
baccalaureate or postbaccalaureate degree;
``(B) a partnership between a statewide governance
or coordinating board with jurisdiction over community
or technical colleges and a statewide governance or
coordinating board with jurisdiction over institutions
of higher education that offer a baccalaureate or
postbaccalaureate degree; or
``(C) a partnership between--
``(i) 1 or more community or technical
colleges; and
``(ii) 1 or more institutions of higher
education that offer a baccalaureate or
postbaccalaureate degree not awarded by the
institutions described in clause (i) with which
it is partnered.
``(b) Grants Authorized.--From the amounts appropriated under
section 407C, the Secretary shall award not less than 6 and not more
than 12 grants to eligible entities.
``(c) Applications.--Any eligible entity that desires to obtain a
grant under this chapter shall submit to the Secretary an application
at such time, in such manner, and containing such information or
assurances as the Secretary may require.
``(d) Awarding of Grants.--
``(1) Criteria.--The Secretary shall establish criteria for
awarding grants under this chapter.
``(2) Priority.--In awarding grants under this chapter, the
Secretary shall give priority to eligible entities that
demonstrate the capacity to identify and address systemic
problems related to college retention and the transfer of
community or technical college students to institutions of
higher education that offer a baccalaureate or
postbaccalaureate degree.
``(e) Duration.--Grants under this chapter shall be for a period of
5 or 6 years in duration, which period of time shall include a planning
and implementation phase.
``(f) Use of Funds.--Grants awarded under this chapter shall be
used for--
``(1) the development of policies to expand opportunities
for community or technical college students to earn
baccalaureate degrees, including promoting the transfer of
academic credits between institutions and expanding
articulation and guaranteed transfer agreements;
``(2) support services to students participating in the
program, such as tutoring, mentoring, and academic and personal
counseling, as well as any service that facilitates the
transition of students from a community or technical college to
an institution of higher education;
``(3) academic program enhancements at a community or
technical college that result in increasing the quality of the
program offered, the connection to high-quality and high-demand
emerging and established occupations, and the number of student
participants in a dual degree program offered in conjunction
with an institution of higher education that offers a
baccalaureate or postbaccalaureate degree; and
``(4) programs to identify barriers that inhibit student
transfers.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this chapter.
``SEC. 407C. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$70,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the 3 succeeding fiscal years.''. | Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges (CTCs) to transfer to four-year institutions of higher education (IHEs) and complete baccalaureate degrees. Directs the Secretary of Education to award not less than six and not more than 12 program grants to eligible entities. Makes eligible for such grants: (1) partnerships that include one or more CTCs that award associate's degrees and one or more IHEs that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges; or (2) a statewide governance or coordinating board that has jurisdiction over both CTCs and IHEs, or a partnership of such boards that have separate jurisdiction over such entities. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn baccalaureate degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (4) programs to identify barriers that inhibit student transfers. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Subsidizing Childhood Obesity
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Childhood obesity has more than doubled in children and
tripled in adolescents in the past 30 years. Currently, more
than \1/3\ of children and adolescents in the United States are
overweight or obese.
(2) A report by the Robert Wood Johnson Foundation and
Trust for America's Health found that if the population of the
United States continues on its current trajectory, adult
obesity rates could exceed 60 percent in a number of States by
2030.
(3) Health-related behaviors, such as eating habits and
physical activity patterns, develop early in life and affect
behavior and health in adulthood. The diets of American
children and adolescents depart substantially from recommended
patterns that put their health at risk. Overall, American
children and youth are not achieving basic nutritional goals.
They are consuming excess calories and added sugars and have
higher than recommended intakes of sodium, total fat, and
saturated fats.
(4) According to a 2012 report from the Federal Trade
Commission, the total amount spent on food marketing to
children is about $2,000,000,000 per year.
(5) Companies market food to children through television,
radio, Internet, magazines, product placement in movies and
video games, schools, product packages, toys, clothing and
other merchandise.
(6) According to a comprehensive review by the National
Academy of Medicine, studies demonstrate that television food
advertising affects children's food choices, food purchase
requests, diets, and health. The Academy concluded that the
marketing of high-calorie foods to children and adolescents is
one of the major contributors to childhood obesity.
(7) More than 80 percent of the food advertisements seen by
children on television are for foods of poor nutritional value.
(8) A study published in the Journal of Law and Economics
and funded by the National Institutes of Health found that the
elimination of the tax deduction that allows companies to
deduct costs associated with advertising food of poor
nutritional quality to children could reduce the rates of
childhood obesity by 5 to 7 percent.
(9) A study published in the Journal of Health Affairs
found that the elimination of the tax deduction for costs
described in paragraph (8) would save up to $260,000,000 in
health care costs and prevent nearly 130,000 cases of childhood
obesity over 10 years.
SEC. 3. DENIAL OF DEDUCTION FOR ADVERTISING AND MARKETING DIRECTED AT
CHILDREN TO PROMOTE THE CONSUMPTION OF FOOD OF POOR
NUTRITIONAL QUALITY.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 280I. DENIAL OF DEDUCTION FOR ADVERTISING AND MARKETING DIRECTED
AT CHILDREN TO PROMOTE THE CONSUMPTION OF FOOD OF POOR
NUTRITIONAL QUALITY.
``(a) In General.--No deduction shall be allowed under this chapter
with respect to--
``(1) any advertisement or marketing--
``(A) primarily directed at children for purposes
of promoting the consumption by children of any food of
poor nutritional quality, or
``(B) of a brand primarily associated with food of
poor nutritional quality that is primarily directed at
children, and
``(2) any of the following which are incurred or provided
primarily for purposes described in paragraph (1):
``(A) Travel expenses (including meals and
lodging).
``(B) Goods or services of a type generally
considered to constitute entertainment, amusement, or
recreation or the use of a facility in connection with
providing such goods and services.
``(C) Gifts.
``(D) Other promotion expenses.
``(b) NAM Study.--
``(1) In general.--Not later than 60 days after the date of
the enactment of this section, the Secretary shall enter into a
contract with the National Academy of Medicine under which the
National Academy of Medicine shall develop procedures for the
evaluation and identification of--
``(A) food of poor nutritional quality, and
``(B) brands that are primarily associated with
food of poor nutritional quality.
``(2) NAM report.--Not later than 12 months after the date
of the enactment of this section, the National Academy of
Medicine shall submit to the Secretary a report that
establishes the proposed procedures described in paragraph (1).
``(c) Definitions.--In this section:
``(1) Brand.--The term `brand' means a corporate or product
name, a business image, or a mark, regardless of whether it may
legally qualify as a trademark, used by a seller or
manufacturer to identify goods or services and to distinguish
them from the goods of a competitor.
``(2) Child.--The term `child' means an individual who is
age 14 or under.
``(3) Food.--The term `food' shall include beverages,
candy, and chewing gum.
``(d) Regulations.--Not later than 18 months after the date of the
enactment of this section, the Secretary, in consultation with the
Secretary of Health and Human Services and the Federal Trade Commission
and based on the report prepared by the National Academy of Medicine
pursuant to subsection (b)(2), shall promulgate such regulations as may
be necessary to carry out the purposes of this section, including
regulations defining the terms `marketing', `directed at children',
`food of poor nutritional quality', and `brand primarily associated
with food of poor nutritional quality' for purposes of this section.''.
(b) Clerical Amendment.--The table of sections for such part IX is
amended by adding at the end the following new item:
``Sec. 280I. Denial of deduction for advertising and marketing directed
at children to promote the consumption of
food of poor nutritional quality.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning 24 months
after the date of the enactment of this Act.
SEC. 4. ADDITIONAL FUNDING FOR THE FRESH FRUIT AND VEGETABLE PROGRAM.
In addition to any other amounts made available to carry out the
Fresh Fruit and Vegetable Program under section 19 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769a), the Secretary of
the Treasury (or the Secretary's delegate) shall, on an annual basis,
transfer to such program, from amounts in the general fund of the
Treasury of the United States, an amount determined by the Secretary of
the Treasury (or the Secretary's delegate) to be equal to the increase
in revenue for the preceding 12-month period by reason of the
amendments made by section 3 of this Act. | Stop Subsidizing Childhood Obesity Act This bill amends the Internal Revenue Code to deny a tax deduction for: (1) advertising or marketing directed at children (age 14 or under) for food of poor nutritional quality or a brand primarily associated with food of poor nutritional quality; and (2) for related expenses, including for travel, goods or services constituting entertainment, amusement, or recreation, gifts, or other promotion expenses. The Department of the Treasury must enter into a contract with the National Academy of Medicine to develop procedures to evaluate and identify food of poor nutritional quality and brands that are primarily associated with such food. The bill authorizes additional funding to carry out the Fresh Fruit and Vegetable Program under the Richard B. Russell National School Lunch 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-World Trade Organization
Compliance Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On November 15, 1999, the United States Trade
Representative announced the completion of a bilateral
agreement with the People's Republic of China regarding
accession of the People's Republic of China to the World Trade
Organization.
(2) Congress must grant the People's Republic of China
permanent normal trade relations status in order for the United
States to receive all the benefits of China's accession to the
World Trade Organization.
(3) The People's Republic of China has been a centrally
planned, nonmarket economy since its founding in 1949.
(4) In 1978, the People's Republic of China initiated the
first in a series of economic reforms and has made some
meaningful and desirable progress in opening up its economy to
imports, exports, and investment.
(5) Granting permanent normal trade relations to China
would help cement the economic reforms that have taken place
thus far and would help those Chinese leaders who are committed
to economic reform to institutionalize these reforms.
(6) Despite these reforms, the People's Republic of China
is still largely a nonmarket economy and the People's Republic
of China is still a long way from meeting international
standards of transparency, legal accountability, reliability of
statistics, and uniform application of law.
(7) The viability and credibility of the World Trade
Organization and the health of the world trading system require
that the People's Republic of China adheres fully to the
bilateral and multilateral commitments it makes during the
accession process.
(8) Current trade monitoring and enforcement mechanisms
within the United States Government and within the World Trade
Organization are not designed to take account of the unique
Chinese economic structure.
(9) The General Accounting Office has reported that even
simple recordkeeping of agreements in various executive
agencies is inadequate and incomplete.
(10) It is necessary to establish new mechanisms, both
within the executive branch and within Congress, to ensure
adequate and continual monitoring and enforcement of China's
commitments at the World Trade Organization.
(11) The opaque features of the Chinese economy, the
nonuniform implementation of Chinese Government economic
policies, the decentralized nature of Chinese Government
economic management, and the new nature of Chinese Government
commitments under the World Trade Organization, make it
necessary to create a comprehensive, multiagency effort to
monitor China's compliance with its commitments.
(12) Various Federal agencies should be tasked with
different aspects of monitoring China's compliance with its
commitments.
SEC. 3. MONITORING.
(a) Plan.--
(1) In general.--Not later than 90 days after the date that
the People's Republic of China accedes to the World Trade
Organization, the President shall submit a detailed plan to
Congress for monitoring the People's Republic of China's
compliance with the commitments it makes as part of that
accession.
(2) Content of plan.--The plan described in paragraph (1)
shall--
(A) include specific assignments to Federal
agencies with respect to monitoring China's compliance;
and
(B) provide for a mechanism to assure public
participation in evaluating China's compliance with its
commitments.
(3) Estimate of costs for monitoring activities.--The
President shall submit to Congress, as part of the plan
described in paragraph (1), an estimate of the cost for
conducting the monitoring activities required under this Act.
(4) Annual updates.--The President shall annually submit to
Congress an updated and revised plan as part of the President's
report to Congress described in section 4.
(b) GAO Survey and Report.--
(1) In general.--In order to determine the degree to which
the People's Republic of China is complying with its World
Trade Organization commitments and to obtain information about
any problems encountered by United States businesses, the
Comptroller General of the United States shall survey annually
the 50 United States companies doing the most business with the
People's Republic of China in each of the following categories:
(A) Exporting nonagricultural goods.
(B) Exporting agricultural goods.
(C) Exporting or providing services.
(D) Investing.
(E) Importing goods.
(2) Report.--The Comptroller General shall submit a report
to Congress on the results of the survey described in paragraph
(1).
(c) Report by ITC.--The International Trade Commission shall report
annually to Congress on United States-China bilateral export and import
statistics, including, to the extent practicable, reconciling any
differences in United States-source and Chinese-source data.
SEC. 4. REPORT ON COMPLIANCE.
(a) In General.--Not later than 1 year after the People's Republic
of China accedes to the World Trade Organization, and annually
thereafter, the United States Trade Representative shall submit a
report to Congress on China's compliance with its commitments made in
connection with its accession to the World Trade Organization,
including both multilateral commitments and any bilateral commitments
made to the United States.
(b) Public Participation.--In preparing the report described in
subsection (a), the United States Trade Representative shall seek
public participation by publishing a notice in the Federal Register and
holding a public hearing.
(c) Content.--The report described in subsection (a) shall include
the results of monitoring China's compliance, and the specific
conclusions reached by each Federal agency assigned responsibility for
monitoring.
SEC. 5. ACTION BY COMMITTEES.
(a) Section 301 Action.--
(1) In general.--Notwithstanding any other provision of
law, the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives, after
considering the report described in section 4 and holding
hearings on the report--
(A) may, by majority vote of either committee,
instruct the United States Trade Representative to take
appropriate action pursuant to title III of the Trade
Act of 1974 (19 U.S.C. 2411 et seq.), after initiating
an investigation under section 301 of such Act to
determine under section 304(a)(1) of such Act if--
(i) the rights of the United States under
any trade agreement are being denied; or
(ii) an act, policy, or practice of the
People's Republic of China--
(I) violates, or is inconsistent
with, the provisions of, or otherwise
denies benefits to the United States
under, any trade agreement; or
(II) is unjustifiable and burdens
or restricts United States commerce; or
(B) may, by majority vote of both committees,
instruct the United States Trade Representative to
initiate action before the Dispute Settlement Body (as
defined in section 121(5) of the Uruguay Round
Agreements Act).
(2) Adverse inference.--Section 304(a) of the Trade Act of
1974 (19 U.S.C. 2414(a)) is amended by adding at the end the
following new paragraph:
``(5) If the foreign country against which an investigation
is initiated under this chapter fails or refuses to cooperate
in the investigation, the Trade Representative may draw an
inference adverse to the interests of the country for purposes
of making an affirmative determination under paragraph (1).''.
(b) Initiation of Other Action.--
(1) In general.--Upon completion of an investigation
described in subsection (a)(1)(B), if the United States Trade
Representative determines that an act, policy, or practice of
the People's Republic of China) violates, or is inconsistent
with, the provisions of, or otherwise denies benefits to the United
States under, any trade agreement (including the commitments made by
the People's Republic of China as part of its accession to the World
Trade Organization), the United States Trade Representative shall
initiate an action before the Dispute Settlement Body of the World
Trade Organization, unless there exists another, more effective action.
(2) Consultation with congress.--Before taking the action
described in paragraph (1), the United States Trade
Representative shall consult with Congress and provide Congress
with the reasons for taking or not taking an action.
SEC. 6. SPECIAL WORLD TRADE ORGANIZATION REVIEW OF CHINA.
(a) In General.--It is the sense of Congress that there should be a
special multilateral process at the World Trade Organization for
conducting an annual review of the People's Republic of China's
compliance with the commitments it makes as part of its accession to
the World Trade Organization.
(b) USTR To Propose Expanded WTO Review.--The United States Trade
Representative is directed to propose that--
(1) as part of the Trade Policy Review Mechanism of the
World Trade Organization, a thorough review of China's trade
policies be conducted each year;
(2) the Trade Policy Review Mechanism be significantly
enhanced and expanded in connection with the review of the
People's Republic of China; and
(3) the Trade Policy Review Mechanism of the People's
Republic of China include onsite visits and active
participation by representatives of World Trade Organization
members.
SEC. 7. INSTITUTION-BUILDING IN CHINA.
(a) In General.--Not later than 90 days after the People's Republic
of China accedes to the World Trade Organization, the President shall
submit to Congress a plan for providing assistance to China to build
the institutions necessary to carry out the obligations China has made
as part of its accession to the World Trade Organization. The plan
shall include personnel and budget requirements needed to provide
assistance.
(b) Mechanisms for Providing Assistance.--It is the sense of
Congress that the United States should provide the assistance described
in subsection (a) through--
(1) bilateral mechanisms; including nongovernmental
organizations under contract to the Federal Government;
(2) if appropriate, multilateral mechanisms through the
auspices of the World Trade Organization; and
(3) because United States businesses will be a primary
beneficiary of China's compliance, cost-sharing and other
cooperative measures with the private sector.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section, the lesser
of--
(1) $5,000,000 for each fiscal year; or
(2) an amount equal to one-tenth of one percent of the
dollar value of the goods and services exported to the People's
Republic of China during the fiscal year preceding the fiscal
year for which the appropriation is made.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act other than section 7. | (Sec. 3) Directs the Comptroller General, in order to determine the degree to which China is complying with its WTO commitments and to obtain information about any problems encountered by U.S. businesses, to survey annually and report to Congress on the 50 U.S. companies doing the most business with China in exporting nonagricultural and agricultural goods, exporting or providing services, investing, or importing goods. Directs the International Trade Commission to report annually to Congress on United States-China bilateral export and import statistics, including, to the extent practicable, reconciling any differences in U.S.-source and Chinese-source data.
(Sec. 4) Directs the United States Trade Representative (USTR), not later than one year after China accedes to the WTO, and annually thereafter, to report to Congress on China's compliance with its commitments under the WTO, including both multilateral commitments and any bilateral commitments made to the United States.
(Sec. 5) Authorizes specified congressional committees to instruct the USTR to: (1) take appropriate trade relief action after initiating an investigation under the Trade Act of 1974 to determine if U.S. rights under any agreement are being denied, or an act, policy, or practice of China violates the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or is unjustifiable and burdens or restricts U.S. commerce; or (2) initiate action before the Dispute Settlement Body of the WTO. Amends the Trade Act of 1974 to authorize the USTR, for purposes of making an affirmative determination with respect to an investigation, to draw an inference adverse to the interest of a country that fails or refuses to cooperate in the investigation. Directs the USTR, if he or she makes an affirmative determination with respect to China, to initiate an action before the Dispute Settlement Body, unless there exists another, more effective action.
(Sec. 6) Expresses the sense of Congress that there should be a special multilateral process at the WTO for conducting an annual review of China's compliance with the commitments it makes as part of its accession to the WTO. Directs the USTR to propose that: (1) as part of the Trade Policy Review Mechanism of the WTO, a thorough review of China's trade policies be conducted each year; (2) the Trade Policy Review Mechanism be significantly enhanced and expanded in connection with the review of China; and (3) the Trade Policy Review Mechanism of China include onsite visits and active participation by representatives of WTO members.
(Sec. 7) Directs the President to submit to Congress a plan for providing assistance to China to build the institutions necessary to carry out the obligations China has made as part of its accession to the WTO. 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 ``Employee Misclassification
Prevention Act''.
SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES.
(a) Recordkeeping and Notice Requirements.--Section 11(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended--
(1) by striking ``Every employer'' and inserting ``(1)
Every employer'';
(2) by striking ``the persons employed by him'' and
inserting ``(A) the persons employed by such employer'';
(3) by striking ``maintained by him'' and inserting ``, (B)
the individuals who are not employees of the employer (within
the meaning of section 3(g)) but with whom the employer, in the
course of the trade or business in which the employer is
engaged, has engaged for the performance of labor or services,
and of the remuneration relating to the performance of labor or
services by such individuals, and (C) the notices required
under paragraph (3),''; and
(4) by inserting at the end the following:
``(2) All records under this subsection shall contain an accurate
classification of the status of each individual described in paragraph
(1) as either an employee of the employer (within the meaning of
section 3(g)) or a non-employee engaged by the employer for the
performance of labor or services.
``(3)(A) Every employer subject to any provision of this Act or any
order issued under this Act shall provide the notice described in
subparagraph (C) to each employee of the employer and each individual
classified under paragraph (2) as a non-employee engaged by the
employer for the performance of labor or services.
``(B) Such notice shall be provided, at minimum, not later than 6
months after the date of enactment of the Employee Misclassification
Prevention Act, and thereafter for new employees, upon employment, and
for non-employees engaged for the performance of labor or services,
upon commencement of the services subject to such contract. Every
employer shall also provide such notice to any individual upon changing
such individual's status as an employee or non-employee under paragraph
(2).
``(C) The notice required under this paragraph shall be in writing
and shall--
``(i) inform the individual of the employer's
classification of the individual as an employee or a non-
employee under paragraph (2);
``(ii) include a statement directing such individual to a
Department of Labor website established for the purpose of
providing further information about the rights of employees
under the law;
``(iii) include the address and telephone number for the
applicable local office of the Federal Department of Labor;
``(iv) include for those individuals classified by the
employer as a non-employee under paragraph (2), the following
statement: `Your rights to wage, hour, and other labor
protections depend upon your proper classification as an
employee or non-employee. If you have any questions or concerns
about how you have been classified or suspect that you may have
been misclassified, contact the U.S. Department of Labor.'; and
``(v) include such additional information as the Secretary
shall prescribe by regulation.''.
(b) Special Prohibited Act.--Section 15(a) of such Act is amended
by adding at the end the following:
``(6) to fail to accurately classify an individual in
accordance with section 11(c).''.
(c) Special Penalty for Certain Recordkeeping and Notice
Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29
U.S.C. 216) is amended--
(1) in subsection (b)--
(A) in the third sentence, by striking ``either of
the preceding sentences'' and inserting ``any of the
preceding sentences''; and
(B) by inserting after the first sentence the
following: ``Such liquidated damages are doubled
(subject to section 11 of the Portal-to-Portal Pay Act
of 1947 (29 U.S.C. 260)) where, in addition to
violating the provisions of section 6 or 7, the
employer has violated the provisions of section
15(a)(6) with respect to such employee or employees.'';
and
(2) in subsection (e), after the first sentence in the
matter preceding paragraph (1), by inserting the following:
``Any person who repeatedly or willfully violates section
15(a)(6) shall be subject to a civil penalty of not to exceed
$10,000 for each such violation.''.
(d) Employee Rights Website.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Labor shall establish, for
purposes of section 11(c)(3)(C)(ii) of the Fair Labor Standards Act of
1938 (as added by this Act), a single web page on the Department of
Labor website that summarizes in plain language the rights of employees
under the Fair Labor Standards Act and other Federal laws. Such web
page shall contain appropriate links to additional information on the
Department of Labor website or other Federal agency websites, including
wage and hour complaint forms, along with a statement explaining that
employees may have additional or greater rights under State or local
laws and how employees may obtain additional information about their
rights under State or local laws. Such web page shall be made available
in English and any other languages which the Secretary determines to be
prevalent among individuals likely to access the web page. The
Secretary shall coordinate with other relevant Federal agencies in
order to provide similar information (or a link to the Department of
Labor web page required by this subsection) on the websites of such
other agencies.
SEC. 3. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION
PURPOSES.
(a) In General.--Section 303(a) of the Social Security Act (42
U.S.C. 503(a)) is amended--
(1) in paragraph (10), by striking the period and inserting
``; and''; and
(2) by adding after paragraph (10) the following:
``(11)(A) Such auditing and investigative programs as may
be necessary to identify employers that have not registered
under the State law or that are paying unreported compensation,
where these actions or omissions by the employers have the
effect of excluding employees from unemployment compensation
coverage; and
``(B) The making of quarterly reports to the Secretary of
Labor (in such form as the Secretary of Labor may require)
describing the results of programs under subparagraph (A); and
``(12) The establishment of administrative penalties for
misclassifying employees, or paying unreported compensation to
employees without proper recordkeeping, for unemployment
compensation purposes.''.
(b) Review of Auditing Programs.--The Secretary of Labor shall
include, in the Department of Labor's system for measuring States'
performance in conducting unemployment compensation tax audits, a
specific measure of their effectiveness in identifying the
underreporting of wages and the underpayment of unemployment
compensation tax contributions (including their effectiveness in
identifying instances of such underreporting or underpayments despite
the absence of cancelled checks, original time sheets, or other similar
documentation).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect 12 months
after the date of the enactment of this Act.
(2) Exception.--If the Secretary of Labor finds that
legislation is necessary in order for the unemployment
compensation law of a State to comply with the amendments made
by subsection (a), such amendments shall not apply with respect
to such law until the later of--
(A) the day after the close of the first session of
the legislature of such State which begins after the
date of the enactment of this Act; or
(B) 12 months after the date of the enactment of
this Act.
(d) Definitions.--For purposes of this section--
(1) the term ``State'' has the meaning given such term by
section 3306(j) of the Internal Revenue Code of 1986 (26 U.S.C.
3306(j)); and
(2) the term ``session'', as used with respect to a State
legislature, means a regular, special, budget, or other session
of such legislature.
SEC. 4. DEPARTMENT OF LABOR COORDINATION AND REFERRAL.
Notwithstanding any other provision of law, any office,
administration, or division of the Department of Labor that, while in
the performance of its official duties, obtains information regarding
the misclassification by an employer of any individual regarding
whether such individual is an employee or a non-employee contracted for
the performance of services for purposes of section 6 or 7 of the Fair
Labor Standards Act or in records required under section 11(c) of such
Act, shall report such information to the Employment Standards
Administration of the Department. The Employment Standards
Administration may report such information to the Internal Revenue
Service as the Administration considers appropriate.
SEC. 5. TARGETED AUDITS.
The Secretary of Labor shall ensure that at least 25 percent of the
audits of employers subject to the Fair Labor Standards Act that are
conducted by the Wage and Hour Division of the Department of Labor are
focused on potential violations of the recordkeeping requirements of
section 11(c) of such Act (29 U.S.C. 211(c)) (as amended by this Act).
Such Division shall focus such audits on employers in industries with
frequent incidence of misclassifying employees as non-employees, as
determined by the Secretary. | Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 to require every employer to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work) for remuneration; and (2) provide certain notice to each employee and non-employee, including their classification as an employee or non-employee and information concerning their rights under the law.
Makes it unlawful for any person to fail to accurately classify an employee or non-employee.
Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who repeatedly or willfully violates such notice requirements to a civil penalty not to exceed $10,000 for each violation.
Directs the Secretary of Labor to establish a web page on the Department of Labor website that summarizes the rights of employees under the Fair Labor Standards Act and other federal laws.
Requires, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees.
Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by an employer that it discovers to the Department's Employment Standards Administration (ESA). Authorizes the ESA to report such information to the Internal Revenue Service (IRS). |
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 ``Organized Retail Theft Act of
2003''.
SEC. 2. PROHIBITION AGAINST ORGANIZED RETAIL THEFT.
(a) In General.--Chapter 103 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2120. Organized retail theft
``(a) In General.--Whoever in any material way or degree obstructs,
delays, or affects commerce or the movement of any article or commodity
in commerce, by taking possession of, carrying away, or transferring or
causing to be carried away, with intent to steal, any goods offered for
retail sale with a total value exceeding $1,000, but not exceeding
$5,000, during any 180-day period shall be fined not more than $1,000,
imprisoned not more than 1 year, or both.
``(b) High Value.--Whoever in any material way or degree obstructs,
delays, or affects commerce or the movement of any article or commodity
in commerce, by taking possession of, carrying away, or transferring or
causing to be carried away, with intent to steal, any goods offered for
retail sale with a total value exceeding $5,000, during any 180-day
period, shall be fined under this title, imprisoned not more than 10
years, or both.
``(c) Receipt and Disposal.--Whoever receives, possesses, conceals,
stores, barters, sells, disposes of, or travels in interstate or
foreign commerce, with the intent to distribute, any property which the
person knows, or should know has been taken or stolen in violation of
subsection (a) or (b), or who travels in interstate or foreign
commerce, with the intent to distribute the proceeds of goods which the
person knows or should know to be the proceeds of an offense described
in subsection (a) or (b), or to otherwise knowingly promote, manage,
carry on, or facilitate an offense described in subsection (a) or (b),
shall be fined or imprisoned as provided in subsection (a) if the
actions involved a violation of subsection (a) and as provided in
subsection (b) if the actions involved a violation of subsection (b).
``(d) Enhanced Penalties.--
``(1) Assault.--Whoever, in committing, or in attempting to
commit, any offense defined in subsections (a) and (b) of this
section, assaults any person, or puts in jeopardy the life of
any person by the use of a dangerous weapon or device, shall be
fined under this title, imprisoned not more than 25 years, or
both.
``(2) Death and kidnapping.--Whoever, in committing any
offense under this section, or in avoiding or attempting to
avoid apprehension for the commission of such offense, or in
freeing himself or attempting to free himself from arrest or
confinement for such offense, kills any person, or forces any
person to accompany him without the consent of such person,
shall be imprisoned not less than 10 years, or if death results
shall be punished by death or life imprisonment.
``(e) Forfeiture and Disposition of Goods.--
``(1) In general.--Whoever violates this section shall
forfeit to the United States, irrespective of any provision of
State law any interest in the retail goods the person knows or
should know to have been acquired or maintained in violation of
this section.
``(2) Injunctions and impounding, forfeiture, and
disposition of goods.--
``(A) Injunctions and impounding.--In any
prosecution under this subsection, upon motion of the
United States, the court may--
``(i) grant 1 or more temporary,
preliminary, or permanent injunctions on such
terms as the court determines to be reasonable
to prevent or restrain the alleged violation;
and
``(ii) at any time during the proceedings,
order the impounding on such terms as the court
determines to be reasonable, of any good that
the court has reasonable cause to believe was
involved in the violation.
``(B) Forfeiture and disposition of goods.--Upon
conviction of any person of a violation under this
subsection, the court shall--
``(i) order the forfeiture of any good
involved in the violation or that has been
impounded under subparagraph (A)(ii);
``(ii) either--
``(I) order the disposal of the
good by delivery to such Federal,
State, or local government agencies as,
in the opinion of the court, have a
need for such good, or by gift to such
charitable or nonprofit institutions
as, in the opinion of the court, have a
need for such good, if such disposition
would not otherwise be in violation of
law and if the manufacturer consents to
such disposition; or
``(II) order the return of any
goods seized or impounded under
subparagraph (A)(ii) to their rightful
owner; and
``(iii) find that the owner of the goods
seized or impounded under subparagraph (A)(ii)
aided in the investigation and order that such
owner be reimbursed for the expenses associated with that aid.
``(C) Terms.--For purposes of remission and
mitigation of goods forfeited to the Government under
this subsection, the provisions of section 981(d) of
this title shall apply.
``(f) Civil Remedies.--
``(1) In general.--Any person injured by a violation of
this section, or who demonstrates the likelihood of such
injury, may bring a civil action in an appropriate United
States district court against the alleged violator. The
complaint shall set forth in detail the manner and form of the
alleged violation.
``(2) Injunctions and impounding and disposition of
goods.--In any action under paragraph (1), the court may--
``(A) grant 1 or more temporary, preliminary, or
permanent injunctions upon the posting of a bond at
least equal to the value of the goods affected and on
such terms as the court determines to be reasonable to
prevent or restrain the violation;
``(B) at any time while the action is pending,
order the impounding upon the posting of a bond at
least equal to the value of the goods affected and, on
such terms as the court determines to be reasonable, if
the court has reasonable cause to believe the goods
were involved in the violation; and
``(C) as part of a final judgment or decree, in the
court's discretion, order the restitution of any good
involved in the violation or that has been impounded
under subparagraph (B).
``(3) Damages.--In any action under paragraph (1), the
plaintiff shall be entitled to recover the actual damages
suffered by the plaintiff as a result of the violation, and any
profits of the violator that are attributable to the violation
and are not taken into account in computing the actual damages.
In establishing the violator's profits, the plaintiff shall be
required to present proof only of the violator's sales, and the
violator shall be required to prove all elements of cost or
deduction claimed.
``(4) Costs and attorney's fees.--In any action under
paragraph (1), in addition to any damages recovered under
paragraph (3), the court in its discretion may award the
prevailing party its costs in the action and its reasonable
attorney's fees.
``(5) Repeat violations.--
``(A) Treble damages.--In any case in which a
person violates this section within 3 years after the
date on which a final judgment was entered against that
person for a previous violation of this section, the
court may, in its discretion, in an action brought
under this subsection, increase the award of damages
for the later violation to not more than 3 times the
amount that would otherwise be awarded under paragraph
(3), as the court considers appropriate.
``(B) Burden of proof.--A plaintiff that seeks
damages described in subparagraph (A) shall bear the
burden of proving the existence of the earlier
violation.
``(g) Definition.--In this section, the term `value' has the
meaning given that term in section 2311 of this title.''.
(b) Conforming Amendment.--The table of sections for chapter 103 of
title 18, United States Code, is amended by inserting at the end the
following:
``2120. Organized retail theft.''.
SEC. 3. COMMISSION OF ORGANIZED RETAIL THEFT A PREDICATE FOR RICO
CLAIM.
Section 1961(1) of title 18, United States Code, is amended by
adding ``, section 2120 (relating to organized retail theft)'' before
``, sections 2251''.
SEC. 4. FLEA MARKETS.
(a) Prohibitions.--No person at a flea market shall sell, offer for
sale, or knowingly permit the sale of any of the following products:
(1) Baby food, infant formula, or similar products used as
a sole or major source of nutrition, manufactured and packaged
for sale for consumption primarily by children under 3 years of
age.
(2) Any drug, food for special dietary use, cosmetic, or
device, as such terms are defined in the Federal Food, Drug,
and Cosmetic Act and regulations issued under that Act.
(b) Exclusion.--Nothing in this section shall prohibit a person
from engaging in activity otherwise prohibited by subsection (a), in
the case of a product described in subsection (a)(2), if that person
maintains for public inspection written documentation identifying the
person as an authorized representative of the manufacturer or
distributor of that product.
(c) Flea Market Defined.--
(1) In general.--As used in this section, the term ``flea
market'' means any physical location, other than a permanent
retail store, at which space is rented or otherwise made
available to others for the conduct of business as transient or
limited vendors.
(2) Exclusion.--For purposes of paragraph (1), transient or
limited vendors shall not include those persons who sell by
sample or catalog for future delivery to the purchaser.
(d) Criminal Penalties.--Any person who willfully violates this
section shall be punished as provided in section 2120 of title 18,
United States Code.
SEC. 5. ATTORNEY GENERAL REPORTING REQUIREMENTS.
Beginning with the first year after the date of enactment of this
Act, the Attorney General shall include in the report of the Attorney
General to Congress on the business of the Department of Justice
prepared pursuant to section 522 of title 28, United States Code, an
accounting, on a district by district basis, of the following with
respect to all actions taken by the Department of Justice that involve
organized retail theft (as punishable under section 2120 of title 18,
United States Code, as added by this Act), including--
(1) the number of open investigations;
(2) the number of cases referred by the United States
Customs Service;
(3) the number of cases referred by other agencies or
sources; and
(4) the number and outcome, including settlements,
sentences, recoveries, and penalties, of all prosecutions
brought under section 2120 of title 18, United States Code. | Organized Retail Theft Act of 2003 - Amends the Federal criminal code to prohibit organized retail theft. Prescribes penalties to be imposed for: (1) obstructing, delaying, or affecting commerce or the movement of any article or commodity in commerce by taking possession of, carrying away, or transferring, with intent to steal, any goods offered for retail sale with a total value of between $1,000 and $5,000, or of over $5,000, during any 180-day period; (2) receiving, possessing, concealing, storing, bartering, selling, disposing of, or traveling in interstate or foreign commerce with intent to distribute, any property which the person knows, or should have known, has been taken or stolen in violation of this Act; and (3) knowingly promoting, managing, or facilitating such an offense. Provides enhanced penalties for assault, jeopardizing a person's life by use of a dangerous weapon, killing, or kidnapping committeed in the course of such an offense. Requires a person to forfeit any interest in goods acquired or maintained in violation of this Act.
Sets forth provisions concerning injunctions to restrain violations, impounding of goods, the forfeiture and disposition of goods, and civil remedies by persons aggrieved by violations of this Act.
Makes commission of organized retail theft a predicate for a claim under the Racketeer Influenced and Corrupt Organizations Act.
Prohibits anyone at a flea market from selling, offering for sale, or knowingly permitting the sale of: (1) baby food, infant formula, or similar products uses as a sole or major source of nutrition, manufactured and packaged for sale for consumption primarily by children under age three; or (2) any drug, food for special dietary use, cosmetic, or device, except by an authorized representative of the product manufacturer or distributor.
Requires the Attorney General to report on Department of Justice actions involving organized retail theft. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. FINDINGS.
The Congress finds the following:
(1) After significant work educating the people of the
United States about the February 17, 2009, digital television
transition, efforts to delay the transition will confuse
people, leaving them less, rather than more, prepared. Delay
will--
(A) not move a single consumer off of the waiting
list for analog-to-digital converter box coupons;
(B) require an additional appropriation of $650
million in the American Recovery and Reinvestment Act
of 2009;
(C) jeopardize the availability of the spectrum
that the transition clears for police, firefighters,
and emergency personnel (spectrum that public safety
officials stated 5 years to the day before September
11, 2001, they needed), and jeopardize that spectrum
despite the support in the 2004 report of the 9/11
Commission for legislation setting an even earlier firm
date; and
(D) jeopardize the availability of the spectrum
that the transition clears for advanced wireless
services, perhaps our Nation's best and quickest way to
improve broadband deployment, stimulating the economy
and creating job growth.
(2) The program sending households up to 2 coupons, each
worth $40, to use for the purchase of analog-to-digital
converter boxes is not out of funds. Only approximately half of
the $1.5 billion in the coupon program has been spent on
redeemed coupons; the other half remains in circulation, which
is why there is a waiting list. Under current law, the coupons
expire 90 days after issuance if not redeemed. Approximately
300,000 coupons expire every week, and the recouped funding is
used to send more coupons.
(3) In a January 14, 2009, letter, the Commerce Department
said that the National Telecommunications and Information
Administration could immediately resume sending coupons even
before existing ones expire if Congress authorized another $250
million for the program. The Treasury of the United States
might even recoup those funds because of unredeemed coupons
that expire at the end of the program.
(4) Industry has spent more than $1 billion successfully
educating consumers about the transition and the February 17,
2009, transition date. According to Nielsen, as of the end of
November 2008, approximately 93 percent of television
households already had one or more televisions ready for the
transition because the televisions had a digital tuner, were
connected to cable or satellite service, or were connected to a
converter box. Approximately 83 percent of television
households had all their televisions ready.
(5) Only households that rely exclusively on over-the-air
antennas to receive television service and that do not have a
digital television or a converter box are at risk of losing all
television service. According to Nielsen, there are
approximately 14.3 million exclusively over-the-air households.
The National Telecommunications and Information Administration
reports that it has already sent coupons to approximately 13.5
million households that identify themselves as relying
exclusively on over-the-air antennas. Thus, only 800,000
exclusively over-the-air households have not yet received a
coupon. Approximately 600,000 of those households are on the
waiting list to receive a coupon. Authorizing an additional
$250 million for the coupon program should help those
households receive coupons before the transition date.
(6) Based on these figures, only 200,000 households could
lose all service if such households do not take action. Such
households represent less than 2 percent of exclusively over-
the-air households, and less than two-tenths of one percent of
all television households. Such a small number of households
with the potential to lose service is not reason enough to
delay the transition. Government and industry can help
households get coupons and converter boxes if such households
want them, but a small group will always be unprepared no
matter what the government and industry do. In addition,
households can always get a converter box without a coupon,
either before or after the transition. The converter boxes only
cost $40 to $80. Such households have additional options, as
well, by which they can receive television service.
SEC. 2. ADDITIONAL COUPONS.
(a) Amendment.--Section 3005 of the Digital Television Transition
and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 23) is
amended--
(1) in subsection (b), by striking ``$1,500,000,000'' and
inserting ``$1,750,000,000''; and
(2) in subsection (c)(3)--
(A) in subparagraph (A)(i), by striking ``by
substituting `$160,000,000''' and inserting ``by
substituting `$170,000,000'''; and
(B) by striking ``by substituting
`$1,500,000,000''' each place it appears in
subparagraphs (A)(ii) and (B) and inserting ``by
substituting `$1,750,000,000'''.
(b) Conforming Amendment.--Section 309(j)(8)(E)(iii) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)(iii)) is amended by
striking ``$7,363,000,000'' and inserting ``$7,113,000,000''.
SEC. 3. EXPEDITING DELIVERY.
Not later than 7 days after the date of enactment of this Act, the
Assistant Secretary for Communications and Information of the
Department of Commerce shall expedite the distribution of coupons
issued under section 3005 of the Digital Television Transition and
Public Safety Act of 2005 by directing that such coupons shall be
delivered via pre-sorted first class mail service until February 17,
2009. The Assistant Secretary shall continue to direct that such
coupons be delivered by such service subsequent to such date if the
Assistant Secretary determines that doing so will significantly improve
coupon redemption rates without jeopardizing the availability of
administrative funds.
SEC. 4. EXTENSION OF AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``2011'' and inserting ``2012''. | Amends the Digital Television Transition and Public Safety Act of 2005 to increase funding for the program to provide coupons for digital-to-analog converter boxes.
Directs the Assistant Secretary of Commerce for Communications and Information to: (1) expedite the distribution of such coupons by delivering them via presorted first class mail service until February 17, 2009; and (2) continue such delivery after that date if the Assistant Secretary determines that doing so will significantly improve coupon redemption rates without jeopardizing the availability of administrative funds.
Amends the Communications Act of 1934 to extend through September 30, 2012 (currently until September 30, 2011), the authority of the Federal Communications Commission (FCC) to grant a license or permit under provisions relating to competitive bidding. |
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 ``Child Support Enforcement Act of
1994''.
SEC. 2. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS, PAYOUTS, AND SALE OF
FORFEITED PROPERTY TO PAY CHILD SUPPORT ARREARAGES.
Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is
amended by inserting after paragraph (11) the following:
``(12) Procedures under which a lien is imposed against
property with the following effect:
``(A) The distributor of winnings from a State
lottery or State-sanctioned or tribal-sanctioned
gambling house or casino shall--
``(i) suspend payment of the winnings from
the person otherwise entitled to the payment
until an inquiry is made to and a response is
received from the State child support
enforcement agency as to whether the person
owes a child support arrearage;
``(ii) withhold from the payment the lesser
of the amount of the payment or the amount of
the arrearage; and
``(iii) pay the amount withheld to the
agency for distribution.
``(B) The person required to make a payment under a
policy of insurance or a settlement of a claim made
with respect to the policy shall--
``(i) suspend the payment until an inquiry
is made to and a response received from the
State agency as to whether the person otherwise
entitled to the payment owes a child support
arrearage; and
``(ii) if there is such arrearage--
``(I) withhold from the payment the
lesser of the amount of the payment or
the amount of the arrearage; and
``(II) pay the amount withheld to
the State agency for distribution.
``(C) The payor of any amount pursuant to an award,
judgment, or settlement in any action brought in
Federal or State court shall--
``(i) suspend the payment until an inquiry
is made to and a response received from the
State agency as to whether the person otherwise
entitled to the payment owes a child support
arrearage; and
``(ii) if there is such arrearage--
``(I) withhold from the payment the
lesser of the amount of the payment or
the amount of the arrearage; and
``(II) pay the amount withheld to
the State agency for distribution.
``(D) If the State seizes property forfeited to the
State by an individual by reason of a criminal
conviction, the State shall--
``(i) hold the property until an inquiry is
made to and a response received from the State
agency as to whether the person otherwise
entitled to the payment owes a child support
arrearage; and
``(ii) if there is such arrearage--
``(I) sell the property; and
``(II) after satisfying the claims
of all other private or public
claimants to the property and deducting
from the proceeds of the sale the
attendant costs (such as for towing,
storage, and the sale), pay the lesser
of the remaining proceeds or the amount
of the arrearage directly to the State
agency for distribution.
``(E) Any person required to make payment in
respect to a decedent shall--
``(i) suspend the payment until an inquiry
is made to and a response received from the
State agency as to whether the person otherwise
entitled to the payment owes a child support
arrearage; and
``(ii) if there is such an arrearage--
``(I) withhold from the payment the
lesser of the amount of the payment or
the amount of the arrearage; and
``(II) pay the amount withheld to
the State agency for distribution.''.
SEC. 3. RESTRICTIONS RELATING TO PROFESSIONAL, OCCUPATIONAL, BUSINESS,
AND DRIVER'S LICENSES.
Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as
amended by section 2 of this Act, is amended by inserting after
paragraph (12) the following:
``(13) Procedures under which the State occupational
licensing and regulating departments and agencies may not issue
or renew any occupational, professional, or business license
of--
``(A) a noncustodial parent who is the subject of
an outstanding failure to appear warrant, capias, or
bench warrant related to a child support proceeding
that appears on the State's crime information system;
and
``(B) an individual who is delinquent in the
payment of child support, until the individual owed
such support or a State prosecutor responsible for
child support enforcement consents to, or a court that
is responsible for the enforcement of the order
requiring the payment of such support orders the
release of the hold on the license, or an expedited
inquiry and review is completed while the individual is
granted a 60-day temporary license.
``(14) Procedures under which the State motor vehicle
department--
``(A) may not issue or renew the driver's license
or any vehicle registration (other than temporary) of
any noncustodial parent who is the subject of an
outstanding failure to appear warrant, capias, or bench
warrant related to a child support proceeding that
appears on the State's crime information system;
``(B) upon receiving notice that an individual to
whom a State driver's license or vehicle registration
has been issued is the subject of a warrant related to
a child support proceeding, shall issue an order to the
individual requiring the individual to demonstrate why
the individual's driver's license or vehicle
registration should not be suspended until the warrant
is removed by the State responsible for issuing the
warrant; and
``(C) in any case in which an order has been issued
as described in subparagraph (B), may grant a temporary
license or vehicle registration to the individual
pending compliance with the order or the removal of the
warrant, whichever occurs first.''.
SEC. 4. ATTACHMENT OF BANK ACCOUNTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 2 and 3
of this Act, is amended by inserting after paragraph (14) the
following:
``(15) Procedures under which--
``(A) amounts on deposit in an account maintained
at a Federal depository institution (as defined in
section 3(c)(4) of the Federal Deposit Insurance Act)
or State depository institution (as defined in section
3(c)(5) of such Act) may be seized to satisfy child
support arrearages determined under a court order or an
order of an administrative process established under
State law, solely through an administrative process,
pending notice to and an expedited opportunity to be
heard from the account holder or holders; and
``(B) if the account holder or holders fail to
successfully challenge the seizure (as determined under
State law), the institution may be required to pay from
the account to the entity with the right to collect the
arrearage the lesser of the amount of the arrearage or
the amount on deposit in the account.''.
SEC. 5. REPORTING OF CHILD SUPPORT OBLIGATIONS TO CREDIT BUREAUS.
Section 466(a)(7) of the Social Security Act (42 U.S.C. 666(a)(7))
is amended--
(1) by inserting ``(A)'' after ``(7)'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(3) by adding at the end the following:
``(B) Procedures requiring any court or administrative
agency of the State, at the time the court or agency issues or
modifies a child support order, to report to each consumer
reporting agency (as so defined)--
``(i) the name of the individual upon whom the
order imposes an obligation to pay child support; and
``(ii) the amount of the obligation.''.
SEC. 6. LIABILITY OF GRANDPARENTS FOR FINANCIAL SUPPORT OF THEIR
GRANDCHILDREN.
Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as
amended by sections 2, 3, and 4 of this Act, is amended by inserting
after paragraph (15) the following:
``(16) Procedures under which each parent of an individual
is liable for the financial support of any child of the
individual to the extent that the individual is unable to
provide such support. The preceding sentence shall not apply to
the State if the State plan explicitly provides for such
inapplicability.''. | Child Support Enforcement Act of 1994 - Amends title IV (Aid to Families With Dependent Children) (AFDC) of the Social Security Act to require State laws to have in effect procedures for seizure of lottery winnings, settlements, and payouts and for the sale of forfeited property to pay child support arrearages. Requires State procedures prohibiting the issuance or renewal of certain professional, occupational, business, and driver's licenses to noncustodial parents who are: (1) delinquent in the payment of child support; or (2) the subject of an outstanding failure to appear warrant related to a child support proceeding on the State's crime information system.
Provides for: (1) attachment of bank accounts to satisfy child support arrearages; and (2) the reporting of child support obligations to credit bureaus.
Requires State procedures under which each parent of an individual is liable for the financial support of any child of that individual to the extent the individual is unable to provide such support. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. NATIONAL ACADEMY OF SCIENCE, SPACE, AND TECHNOLOGY.
(a) Amendments.--Section 621 of the Excellence in Mathematics,
Science, and Engineering Education Act of 1990 (20 U.S.C. 5411) is
amended--
(1) in subsection (a), by adding at the end the following:
``The Academy shall consist of a program of instruction leading
to baccalaureate degrees in science, mathematics, and
engineering at not less than 6 universities selected under
subsection (b)(3), with uniform curriculum criteria established
by the Secretary, in conjunction with the Director. The Academy
shall establish a permanent headquarters in the greater
metropolitan area of Youngstown-Warren, Ohio, for its
administrative staff and for use by the Board.'';
(2) in subsection (b) by striking ``Advisory'' in the
subsection heading;
(3) in subsection (b)(1)--
(A) by striking ``an Advisory Board for the
Academy'' and inserting in lieu thereof ``a Board of
the National Academy of Science, Space, and Technology
(in this section referred to as the `Board')''; and
(B) by inserting ``, along with the president of
each university selected under paragraph (3)'' after
``high-technology industries'';
(4) by amending subsection (b)(2) to read as follows:
``(2) Functions.--The Board shall--
``(A) develop an exam for secondary students
testing knowledge in science, mathematics, and
engineering, or select an exam from among existing
national exams, and annually administer such exam;
``(B) provide for the placement at one of the
Member Institutes of students awarded scholarships
under this section at the Academy;
``(C) administer the awarding of such scholarships;
and
``(D) establish a placement program to assist
recipients of awards under this section in obtaining
positions described in subsection (l)(1)(A).'';
(5) by inserting after subsection (b)(2) the following new
paragraph:
``(3) Selection of universities for academy.--The Board
shall select not less than 6 State universities that are
regional in scope and that have outstanding degree programs in
science, mathematics, and engineering to be designated as
Member Institutes of the Academy. The selections shall come
from universities that have applied to the Board and that have
demonstrated the willingness and capability to provide room, in
a separate dormitory or portion of a dormitory, and board to
scholarship winners and to offer the Academy's uniform
curriculum.'';
(6) in subsection (c)--
(A) by striking ``Advisory'';
(B) by inserting ``(A)'' after ``subsection
(b)(2)''; and
(C) by striking ``top scorer'' and inserting in
lieu thereof ``top 2 scorers'';
(7) in subsection (d)(1)--
(A) by striking ``Academy'' and inserting in lieu
thereof ``Board'';
(B) by striking ``pursue the baccalaureate degree
in fields of science, mathematics, or engineering'' and
inserting in lieu thereof ``attend the Academy''; and
(C) by striking ``subsection (l)'' and inserting in
lieu thereof ``subsection (k)'';
(8) in subsection (d)(2), by striking ``a Member
Institute'' and inserting in lieu thereof ``the Academy'';
(9) by striking subsection (d)(5);
(10) by striking subsection (j);
(11) by redesignating subsections (k), (l), and (m) as
subsections (j), (k), and (l), respectively;
(12) in subsection (j), as so redesignated by paragraph
(11) of this section--
(A) by amending paragraph (1) to read as follows:
``(1) Amount of award.--Except as provided in paragraph
(2), the amount of a scholarship awarded under this section
shall cover the full tuition and fees of the student at the
Academy.'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2); and
(13) in subsection (l), as so redesignated by paragraph
(11) of this section, by striking ``and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and
inserting in lieu thereof ``, $9,000,000 for fiscal year 1994,
and such sums as may be necessary for subsequent fiscal
years''.
(b) Exception.--Notwithstanding the amendments made by subsection
(a), a student who has received an award under section 621 of the
Excellence in Mathematics, Science, and Engineering Education Act of
1990 before the date of enactment of this Act may elect to complete
eligibility for awards under such section pursuant to the provisions of
that section as in effect before the effectiveness of the amendments
made by subsection (a) of this section.
SEC. 2. CONSTRUCTION OF HEADQUARTERS FOR NATIONAL ACADEMY OF SCIENCE,
SPACE, AND TECHNOLOGY.
(a) Construction.--The Administrator of General Services shall
construct a public building in the greater metropolitan area of
Youngstown-Warren, Ohio, to provide space for the headquarters of the
National Academy of Science, Space, and Technology to be established
pursuant to section 621(a) of the Excellence in Mathematics, Science,
and Engineering Education Act of 1990 (as amended by section 1 of this
Act).
(b) Site.--The Administrator shall acquire by purchase, donation,
or otherwise such lands as may be necessary to serve as the site for
the building to be constructed under subsection (a). Such site shall be
sufficient to accommodate future expansion of the building.
(c) Size of Building.--The size of the building to be constructed
under subsection (a) shall be sufficient to provide office space for
the National Academy of Science, Space, and Technology and its
administrative staff and to provide meeting facilities for the Board of
the National Academy of Science, Space, and Technology.
(d) Parking Facility.--The Administrator shall construct a parking
facility for the building to be constructed under subsection (a) in
order to provide parking spaces for employees and visitors of the
National Academy of Science, Space, and Technology.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years
beginning after September 30, 1993. | Amends the Excellence in Mathematics, Science, and Engineering Education Act of 1990 to require that the National Academy of Science, Space, and Technology (the Academy) consist of a program of instruction leading to baccalaureate degrees in science, mathematics, and engineering at a minimum of six State universities selected by the Academy's Board (which replaces an Advisory Board).
Requires the Board to: (1) administer an exam and the awarding of scholarships; and (2) provide for placement of scholarship award recipients at one of the Member Institutes and in positions to fulfill service requirements.
Expands the scholarship program to include the top two scorers, rather than just the top scorer, on the exam in each congressional district. Provides that a scholarship shall cover the full tuition and fees of the student at the Academy (currently the scholarship is $5,000 per academic year). Extends and increases the authorization of appropriations.
Directs the Administrator of General Services to construct the Academy's headquarters in the greater metropolitan area of Youngstown-Warren, Ohio. 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 ``Sudan Peace Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of Sudan has intensified its prosecution
of the war against areas outside of its control, which has
already cost more than 2,000,000 lives and has displaced more
than 4,000,000.
(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of
human rights, and a self-sustaining Sudan.
(3) Continued strengthening and reform of humanitarian
relief operations in Sudan is an essential element in the
effort to bring an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas
of Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people
and to meaningful progress toward a viable peace process.
(6) Through manipulation of traditional rivalries among
peoples in areas outside their full control, the Government of
Sudan has effectively used divide and conquer techniques to
subjugate their population, and internationally sponsored
reconciliation efforts have played a critical role in reducing
the tactic's effectiveness and human suffering.
(7) The Government of Sudan is utilizing and organizing
militias, Popular Defense Forces, and other irregular units for
raiding and slaving parties in areas outside of the control of
the Government of Sudan in an effort to severely disrupt the
ability of those populations to sustain themselves. The tactic
is in addition to the overt use of bans on air transport relief
flights in prosecuting the war through selective starvation and
is used to minimize the Government of Sudan's accountability
internationally.
(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside its control.
(9) Through its power to veto plans for air transport
flights under the United Nations relief operation, Operation
Lifeline Sudan (OLS), the Government of Sudan has been able to
manipulate the receipt of food aid by the Sudanese people from
the United States and other donor countries as a devastating
weapon of war in the ongoing effort by the Government of Sudan
to subdue areas of Sudan outside of the Government's control.
(10) The efforts of the United States and other donors in
delivering relief and assistance through means outside OLS have
played a critical role in addressing the deficiencies in OLS
and offset the Government of Sudan's manipulation of food
donations to advantage in the civil war in Sudan.
(11) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption
of their ability to sustain themselves.
(12) The Nuba Mountains and many areas in Bahr al Ghazal,
the Upper Nile, and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently
placing their populations at increased risk of famine.
(13) At a cost which has sometimes exceeded $1,000,000 per
day, and with a primary focus on providing only for the
immediate food needs of the recipients, the current
international relief operations are neither sustainable nor
desirable in the long term.
(14) The ability of populations to defend themselves
against attack in areas outside the Government of Sudan's
control has been severely compromised by the disengagement of
the front-line sponsor states, fostering the belief within
officials of the Government of Sudan that success on the
battlefield can be achieved.
(15) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including--
(A) the multilateralization of economic and
diplomatic tools to compel the Government of Sudan to
enter into a good faith peace process;
(B) the support or creation of viable democratic
civil authority and institutions in areas of Sudan
outside government control;
(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside
of government control;
(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
(E) cooperation among the trading partners of the
United States and within multilateral institutions
toward those ends.
SEC. 3. DEFINITIONS.
In this Act:
(1) Government of sudan.--The term ``Government of Sudan''
means the National Islamic Front government in Khartoum, Sudan.
(2) OLS.--The term ``OLS'' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as ``Operation
Lifeline Sudan''.
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS
OF THE GOVERNMENT OF SUDAN.
Congress hereby--
(1) condemns--
(A) violations of human rights on all sides of the
conflict in Sudan;
(B) the Government of Sudan's overall human rights
record, with regard to both the prosecution of the war
and the denial of basic human and political rights to
all Sudanese;
(C) the ongoing slave trade in Sudan and the role
of the Government of Sudan in abetting and tolerating
the practice;
(D) the Government of Sudan's use and organization
of ``murahalliin'' or ``mujahadeen'', Popular Defense
Forces (PDF), and regular Sudanese Army units into
organized and coordinated raiding and slaving parties
in Bahr al Ghazal, the Nuba Mountains, the Upper Nile,
and the Blue Nile regions; and
(E) aerial bombardment of civilian targets that is
sponsored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food
shortages and is used as a systematic means to destroy the
societies, culture, and economies of the Dinka, Nuer, and Nuba
peoples in a policy of low-intensity ethnic cleansing.
SEC. 5. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby recognizes that--
(1) a single viable, internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
(2) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of Principles
reached in Nairobi, Kenya, on July 20, 1994.
(b) United States Diplomatic Support.--The Secretary of State is
authorized to utilize the personnel of the Department of State for the
support of--
(1) the ongoing negotiations between the Government of
Sudan and opposition forces;
(2) any necessary peace settlement planning or
implementation; and
(3) other United States diplomatic efforts supporting a
peace process in Sudan.
SEC. 6. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should be used as a tool to
facilitating peace and recovery in Sudan; and
(2) the President, acting through the United States
Permanent Representative to the United Nations, should seek
to--
(A) revise the terms of Operation Lifeline Sudan to
end the veto power of the Government of Sudan over the
plans by Operation Lifeline Sudan for air transport of
relief flights and, by doing so, to end the
manipulation of the delivery of those relief supplies
to the advantage of the Government of Sudan on the
battlefield;
(B) investigate the practice of slavery in Sudan
and provide mechanisms for its elimination; and
(C) sponsor a condemnation of the Government of
Sudan each time it subjects civilians to aerial
bombardment.
SEC. 7. REPORTING REQUIREMENT.
Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n)
is amended by adding at the end the following:
``(g) In addition to the requirements of subsections (d) and (f),
the report required by subsection (d) shall include--
``(1) a description of the sources and current status of
Sudan's financing and construction of oil exploitation
infrastructure and pipelines, the effects on the inhabitants of
the oil fields regions of such financing and construction, and
the Government of Sudan's ability to finance the war in Sudan;
``(2) a description of the extent to which that financing
was secured in the United States or with involvement of United
States citizens;
``(3) the best estimates of the extent of aerial
bombardment by the Government of Sudan forces in areas outside
its control, including targets, frequency, and best estimates
of damage; and
``(4) a description of the extent to which humanitarian
relief has been obstructed or manipulated by the Government of
Sudan or other forces for the purposes of the war in Sudan.''.
SEC. 8. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of Congress that the
President should continue to increase the use of non-OLS agencies in
the distribution of relief supplies in southern Sudan.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the President shall submit a detailed report to Congress
describing the progress made toward carrying out subsection (a).
SEC. 9. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) Plan.--The President shall develop a contingency plan to
provide, outside United Nations auspices if necessary, the greatest
possible amount of United States Government and privately donated
relief to all affected areas in Sudan, including the Nuba Mountains and
the Upper Nile and the Blue Nile regions, in the event the Government
of Sudan imposes a total, partial, or incremental ban on OLS air
transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other provision
of law, in carrying out the plan developed under subsection (a), the
President may reprogram up to 100 percent of the funds available for
support of OLS operations (but for this subsection) for the purposes of
the plan. | Sudan Peace Act - Declares that Congress: (1) condemns violations of human rights on all sides of the conflict in Sudan (including the Government of Sudan), the ongoing slave trade there, the Government's use and organization of "murahalliin" (or "mujahadeen"), Popular Defense Forces (PDF), and regular Sudanese Army units into raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile regions, and its aerial bombardment of civilian targets; and (2) recognizes that the use of raiding and slaving parties is a tool for creating food shortages as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing.Authorizes the Secretary of State to utilize Department of State personnel for the support of ongoing negotiations, and eventual implementation of a peace settlement, between the Government of Sudan and opposition forces.Expresses the sense of Congress that the United Nations (UN) should be used as a tool to facilitate peace and recovery in Sudan.Directs the President to develop a contingency plan to provide, outside UN auspices, the greatest amount of U.S. Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains, Upper Nile, and the Blue Nile regions, in the event the Government of Sudan imposes a ban on Operation Lifeline Sudan air transport relief flights. |
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 ``Juvenile Mentoring Program
Reauthorization Act of 2012'' or the ``JUMP Reauthorization Act of
2012''.
SEC. 2. GRANTS FOR NATIONAL, STATE, AND LOCAL PROGRAMS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part F the
following:
``PART G--MENTORING
``SEC. 299K. PURPOSES.
``The purposes of this part are--
``(1) to reduce juvenile delinquency and gang
participation;
``(2) to improve academic performance; and
``(3) to provide general guidance and promote personal and
social responsibility,
through the use of mentors for at-risk youth.
``SEC. 299L. DEFINITIONS.
``For purposes of this part--
``(1) the term `at-risk youth' means an individual less
than 18 years of age at risk of educational failure or dropping
out of school or involvement in delinquent activities;
``(2) the term `mentor' means a responsible adult who is
linked with at-risk youth in consistent contact, either as a
one-to-one mentor or in small group mentoring, establishing
supportive relationships with youth and providing youth with
exposure to new experiences that enhance the ability of at-risk
youth to become responsible citizens;
``(3) the term `one-to-one mentor' means a responsible
adult who is linked with an at-risk youth on a one-to-one
volunteer basis, establishing a supportive relationship with
the youth and providing the youth with exposure to new
experiences that enhance the youth's ability to become a
responsible citizen; and
``(4) the term `small group mentoring' means one adult
mentor forming a relationship with a small group of youths. The
mentor assumes the role of leader and makes a commitment to
meet regularly with the group over an extensive period of time
in a predetermined facility.
``SEC. 299M. GRANTS.
``The Administrator shall, by making grants to and entering into
contracts with national, regional, and local nonprofit organizations,
establish and support programs and activities for the purpose of
implementing mentoring programs that--
``(1) are designed to link at-risk children, particularly
children living in high crime areas and children experiencing
educational failure, with responsible adults; and
``(2) are intended to achieve one or more of the following
goals:
``(A) Provide general guidance to at-risk youth.
``(B) Promote personal and social responsibility
among at-risk youth.
``(C) Increase at-risk youth's participation in and
enhance their ability to benefit from elementary and
secondary education.
``(D) Discourage at-risk youth's use of illegal
drugs, violence, and dangerous weapons, and other
criminal activity.
``(E) Discourage involvement of at-risk youth in
gangs.
``(F) Encourage at-risk youth's participation in
community service and community activities.
``SEC. 299N. REGULATIONS AND GUIDELINES.
``The Administrator shall develop and distribute to program
participants specific model guidelines for the screening of prospective
program mentors.
``SEC. 299O. USE OF GRANTS.
``(a) Permitted Uses.--Grants awarded pursuant to this part shall
be used to implement mentoring programs, including--
``(1) hiring of mentoring coordinators and support staff;
``(2) recruitment, screening, and training of adult
mentors;
``(3) reimbursement of mentors for reasonable incidental
expenditures such as transportation that are directly
associated with mentoring;
``(4) training of mentoring program staff in effective
practices; and
``(5) such other purposes as the Administrator may
reasonably prescribe by regulation.
``(b) Additional Permitted Uses for National Grants.--In addition
to the uses set forth in subsection (a), national grants awarded
pursuant to this part may be used to implement and improve mentoring
programs, including--
``(1) the establishment and implementation of quality
assurance services, including best practices for the screening
of mentors and supervision of mentoring relationships;
``(2) the establishment and implementation of child safety
standards;
``(3) the establishment and implementation of information
technology systems to track the effectiveness of program
models; and
``(4) research evaluations to inform best practices.
``(c) Prohibited Uses.--Grants awarded pursuant to this part shall
not be used--
``(1) to support litigation of any kind; or
``(2) for any other purpose reasonably prohibited by the
Administrator by regulation.
``SEC. 299P. CONSIDERATIONS.
``(a) In General.--In making grants under this part, the
Administrator shall give priority for awarding grants to applicants
that--
``(1) serve at-risk youth in high crime areas;
``(2) have 60 percent or more of their youth eligible to
receive funds under the Elementary and Secondary Education Act
of 1965 (20 U.S.C. et seq.);
``(3) establish and support mentoring programs that serve
at-risk youth in public housing sites or on Native American
lands; and
``(4) serve at-risk youth with a parent in the military,
including a deployed parent.
``(b) Other Considerations.--In making grants under this part, the
Administrator shall give consideration to--
``(1) the quality of a mentoring plan, including--
``(A) the resources, if any, that will be dedicated
to providing participating youth with opportunities for
job training or postsecondary education; and
``(B) the degree to which there is appropriate
coordination with the local community to ensure the
mentoring plan will continue to be implemented once the
grant is discontinued; and
``(2) the capability of the applicant to effectively
implement the mentoring plan.
``SEC. 299Q. APPLICATIONS.
``An application for assistance under this part shall include--
``(1) information on the youth expected to be served by the
program;
``(2) a provision for a mechanism for matching youth with
mentors based on the needs of the youth;
``(3) an assurance that projects will be monitored to
ensure that each youth benefits from a mentor relationship,
with provision for a new mentor assignment if the relationship
is not beneficial to the youth;
``(4) the method by which mentors and youth will be
recruited to the project;
``(5) the method by which prospective mentors will be
screened;
``(6) the training that will be provided to mentors; and
``(7) the method by which outcomes for youth will be
measured and the strength of the mentoring relationship
monitored.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Parts
C and E'' and inserting ``Parts C, E, and G''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``parts C and E'' and
inserting ``parts C, E, and G'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Authorization of Appropriations for Part G.--There are
authorized to be appropriated to carry out part G, and authorized to
remain available until expended, $100,000,000 for each of fiscal years
2013 through 2017.''. | Juvenile Mentoring Program Reauthorization Act of 2012 or the JUMP Reauthorization Act of 2012 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to and enter into contracts with national, regional, and local nonprofit organizations to implement mentoring programs that link at-risk youth with responsible adults to provide general guidance to such youth, promote personal and social responsibility, increase at-risk youth's participation in and enhance their ability to benefit from elementary and secondary education, discourage use of illegal drugs and dangerous weapons and involvement in gangs, and encourage participation in community service and activities. Defines "at-risk youth" as individuals under age 18 who are at risk of educational failure or involvement in delinquent activities.
Requires the Administrator to develop and distribute to program participants specific model guidelines for screening prospective program mentors.
Gives priority to grant applicants that: (1) serve at-risk youth in high crime areas; (2) have at least 60% of their youth eligible to receive funds under the Elementary and Secondary Education Act of 1965; (3) establish and support mentoring programs that serve at-risk youth in public housing or on Native American lands; and (4) serve at-risk youth with a parent in the military, including a deployed parent. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Housing Act''.
SEC. 2. INVESTMENT IN FHA INFRASTRUCTURE.
(a) Human Resources and Funding.--Section 502(a) of the Housing Act
of 1948 (12 U.S.C. 1701c(a)) is amended--
(1) by striking ``The Secretary of Housing and Urban
Development'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Housing and Urban Development''; and
(2) by adding at the end the following:
``(2) Administration of fha programs.--
``(A) Office personnel.--
``(i) Appointment.--In carrying out any
program through the Federal Housing
Administration (in this section referred to as
the `Administration'), the Secretary may
appoint and fix the compensation of such
officers and employees of the Administration as
the Secretary considers necessary.
``(ii) Compensation.--Any officer or
employee appointed under clause (i) may be paid
without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5,
United States Code, relating to classification
and General Schedule pay rates.
``(B) Comparability of compensation with federal
banking agencies.--In fixing and directing compensation
under subparagraph (A), the Secretary shall consult
with, and maintain comparability with the compensation
of officers and employees of the Federal Deposit
Insurance Corporation.
``(C) Personnel of other federal agencies.--In
carrying out the duties of the Administration, the
Secretary may use information, services, staff, and
facilities of any Federal executive agency, independent
agency, or department on a reimbursable basis, with the
consent of such agency or department.
``(D) Outside experts and consultant.--In carrying
out the duties of the Administration, the Secretary may
procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
``(E) Use of premium-generated income.--To the
extent that income derived in any fiscal year from
premium fees charged under section 203(c) of the
National Housing Act (12 U.S.C. 1709(c)) are in excess
of the level of income estimated for that fiscal year
for such premium fees and assumed in the baseline
projection prepared by the Director of the Office of
Management and Budget for inclusion in the President's
annual budget request, not more than $82,000,000 of
such excess amounts may be used from such amounts for
the purpose of carrying out this paragraph.''.
(b) Information Technology Investment.--Section 502(a) of the
Housing Act of 1948 (12 U.S.C. 1701c(a)), as amended by subsection (a),
is amended by adding at the end the following:
``(3) Information technology.--
``(A) In general.--In carrying out any program
through the Administration, the Secretary may utilize
such funds as are available under subparagraph (B) to
ensure that an appropriate level of investment in
information technology is maintained in order for the
Secretary to upgrade its technology systems.
``(B) Use of premium-generated income.--To the
extent that income derived from premium fees charged
under section 203(c) of the National Housing Act (12
U.S.C. 1709(c)) are in excess of the level of income
estimated for that fiscal year for such premium fees
and assumed in the baseline projection prepared by the
Director of the Office of Management and Budget for
inclusion in the President's annual budget request, not
more than $72,000,000 of such excess amounts may be
used from such amounts for the purpose of carrying out
this paragraph.''.
SEC. 3. EXTENSION OF MORTGAGE TERM AUTHORITY.
Section 203(b)(3) of the National Housing Act (12 U.S.C.
1709(b)(3)) is amended--
(1) by striking ``thirty-five years'' and inserting ``50
years''; and
(2) by striking ``(or thirty years if such mortgage is not
approved for insurance prior to construction)''.
SEC. 4. DOWNPAYMENT FLEXIBILITY.
Section 203(b)(9) of the National Housing Act (12 U.S.C.
1709(b)(9)) is amended by striking ``(9)'' and all that follows through
``Provided further, That for'' and inserting the following:
``(9) Be executed by a mortgagor who shall have paid on
account of the property, in cash or its equivalent, an amount,
if any, as the Secretary may determine, based on factors
determined by the Secretary and commensurate with the
likelihood of default. For''.
SEC. 5. MORTGAGE INSURANCE FLEXIBILITY.
Section 203(c)(2) of the National Housing Act (12 U.S.C.
1709(c)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking the first sentence and inserting
``The Secretary shall establish and collect, at the
time of insurance, a single premium payment, in such
amount as the Secretary may determine, based on factors
determined by the Secretary and commensurate with the
likelihood of default of the homebuyer. Such premium
payment shall be in an amount not to exceed 3 percent
of the amount of the original insured principal
obligation of the mortgage.''; and
(B) by striking the second sentence; and
(2) in subparagraph (B), by striking ``0.50 percent'' and
inserting ``1 percent''.
SEC. 6. INNOVATION FOR NEW PROJECTS.
Section 203 of the National Housing Act (12 U.S.C. 1709) is amended
by adding at the end the following:
``(y) Waiver for New Product Initiatives.--
``(1) In general.--Notwithstanding any other provision of
law, and subject to the limitation under paragraph (2), the
Secretary may waive such requirements of this section as the
Secretary determines appropriate for any new product
initiative.
``(2) Limitation.--For all new product initiatives in any
fiscal year, the Secretary may allocate an amount equal to not
more than 10 percent of the amount necessary to carry out the
insurance of mortgages under this section for the prior fiscal
year.''.
SEC. 7. MAXIMUM MORTGAGE AMOUNT LIMIT FOR MULTIFAMILY HOUSING IN HIGH-
COST AREAS.
Sections 207(c)(3), 213(b)(2)(B)(i), 220(d)(3)(B)(iii)(III),
221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and 234(e)(3)(B) of
the National Housing Act (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
1715k(d)(3)(B)(iii)(III), 1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II),
1715v(c)(2)(B)), and 1715y(e)(3)(B)) are each amended--
(1) by striking ``140 percent'' each place that term
appears and inserting ``170 percent''; and
(2) by striking ``170 percent'' each place that term
appears and inserting ``215 percent''.
SEC. 8. INCREASE IN FHA FINANCIAL INTEGRITY.
Section 205(f)(2) of the National Housing Act (12 U.S.C.
1711(f)(2)) is amended by striking ``2.0 percent'' and inserting ``3.0
percent''. | 21st Century Housing Act - Amends the Housing Act of 1948 to authorize the Secretary of Housing and Urban Development, in carrying out any program through the Federal Housing Administration, to: (1) appoint and fix the compensation of Administration personnel; and (2) use premium-generated income for information technology upgrades.
Amends the National Housing Act to: (1) extend the maturity term for insured mortgages; (2) revise mortgage insurance eligibility criteria and requirements for premium charges; (3) authorize waiver of certain requirements for new product initiatives; (4) increase the maximum mortgage amount limit for multifamily housing in high-cost areas; and (5) increase the capital ratio for the Mutual Mortgage Insurance Fund. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Review Every Dollar Act of 2015''.
TITLE I--FEDERAL PROGRAM SUNSET
SEC. 101. LIMITATION ON REAUTHORIZATION OF FEDERAL PROGRAMS.
(a) Enforcement.--(1) It shall not be in order in the House of
Representatives or the Senate to consider any bill or joint resolution,
or amendment thereto or conference report thereon, that reauthorizes
any Federal program for a period of more than seven fiscal years.
(2) It shall not be in order in the House of Representatives or the
Senate to consider any bill or joint resolution, or any amendment
thereto or conference report thereon, that establishes any new Federal
program with an authorization of appropriations for a period of more
than seven fiscal years.
(b) Committee Review of Direct Spending Programs.--Not later than
July 31 during the second session of each Congress, each standing
committee of the House of Representatives and the Senate with
legislative jurisdiction over any direct spending program shall apply
the criteria set forth in section 102 to determine whether any such
program should be modified, terminated, or reauthorized.
SEC. 102. CRITERIA FOR REVIEW.
Any committee of the House of Representatives or the Senate with
jurisdiction over any program being reauthorized shall consider the
following criteria in determining whether such program should be
modified, terminated, or reauthorized:
(1) The effectiveness and efficiency of the operation of
the program.
(2) Whether the program is cost effective.
(3) Whether the original objectives of the program have
been achieved.
(4) Whether alternative methods exist to carry out the
objectives of the program in a more cost effective manner.
(5) The extent to which the program is duplicative or
conflicts with other programs.
(6) The potential benefits of consolidating this program
with similar or duplicative programs.
(7) The growth in cost per beneficiary or persons served by
the program.
(8) The extent to which any trends, developments, and
emerging conditions may affect the problems or needs that the
program is intended to address.
(9) The extent it imposes mandates on State and local
governments.
(10) The extent it impedes sustainable economic growth.
(11) The extent to which the program is a constitutionally
authorized activity of the Government.
TITLE II--DEFICIT REDUCTION ACCOUNTS
SEC. 201. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT.
(a) Discretionary Deficit Reduction Account.--Title III of the
Congressional Budget Act of 1974 is amended by adding at the end the
following new section:
``discretionary deficit reduction account
``Sec. 316. (a) Establishment of Account.--The chairman of the
Committee on the Budget of the House of Representatives and the
chairman of the Committee on the Budget of the Senate shall each
maintain an account to be known as the `deficit reduction discretionary
account'. The Account shall be divided into entries corresponding to
the subcommittees of the Committee on Appropriations of that House and
each entry shall consist of the `deficit reduction balance'.
``(b) Components.--Each entry shall consist only of amounts
credited to it under subsection (c).
``(c) Crediting of Amounts to Account.--
``(1) Whenever a Member of Congress offers an amendment to
an appropriation bill to reduce new budget authority in any
account or has the effect of reducing direct spending, that
Member may state the portion of such reduction that shall be
credited to--
``(A) the deficit reduction balance;
``(B) used to offset an increase in new budget
authority in any other account; or
``(C) allowed to remain within the applicable
section 302(b) suballocation.
``(2) If no such statement is made, the amount of reduction
in new budget authority resulting from the amendment shall be
credited to the deficit reduction balance, as applicable, if
the amendment is agreed to.
``(3) Except as provided by paragraph (4), the chairman of
the Committee on the Budget of the House of Representatives or
Senate, as applicable, shall, upon the engrossment of any
appropriation bill by the House of Representatives or Senate,
as applicable, credit to the applicable entry balances amounts
of new budget authority and outlays equal to the net amounts of
reductions in budget authority and in outlays resulting from
amendments agreed to by that House to that bill.
``(4) When indicating the net amounts of reductions in new
budget authority and outlays resulting from amendments agreed
to by the House of Representatives or Senate, as applicable, to
an appropriation bill, the chairman of the Committee on the
Budget of that House shall only count those portions of such
amendments agreed to that were so designated by the Members
offering such amendments as amounts to be credited to the
deficit reduction balance.
``(5) The chairman of the Committee on the Budget of the
House of Representatives and the chairman of the Committee on
the Budget of the Senate shall each maintain a running tally of
the amendments adopted reflecting increases and decreases of
budget authority in the bill as reported to its House. This
tally shall be available to Members or Senators during
consideration of any bill by that House.
``(d) Calculation of Savings in Deficit Reduction Accounts in the
House of Representatives and Senate.--
``(1) For the purposes of enforcing section 302(a), upon the
engrossment of any appropriation bill by the House of Representatives
or Senate, as applicable, the amount of budget authority and outlays
calculated pursuant to subsection (c)(3) shall be counted against the
302(a) allocation provided to the Committee on Appropriations as if the
amount calculated pursuant to subsection (c)(3) was included in the
bill just engrossed.
``(2) For purposes of enforcing section 302(b), upon the
engrossment of any appropriation bill by the House of Representatives
or Senate, as applicable, the 302(b) allocation provided to the
subcommittee for the bill just engrossed shall be deemed to have been
reduced by the amount of budget authority and outlays calculated,
pursuant to subsection (c)(3).
``(e) Definition.--As used in this section, the term `appropriation
bill' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations.''.
SEC. 202. ESTABLISHMENT OF DIRECT SPENDING REDUCTION ACCOUNT.
Title III of the Congressional Budget Act of 1974 (as amended by
section 201) is further amended by adding at the end the following new
section:
``direct spending deficit reduction account
``Sec. 317. (a) Establishment of Account.--The chairman of the
Committee on the Budget of the House of Representatives and of the
Senate shall each maintain an account to be known as the `deficit
reduction direct spending account'. The account shall be divided into
entries corresponding to the House of Representatives or Senate
committees, as applicable, that received allocations under section
302(a) in the most recently adopted concurrent resolution on the
budget, except that it shall not include the Committee on
Appropriations of that House and each entry shall consist of the
`first-year deficit reduction account' and the `five-year deficit
reduction account' or the period covered by the resolution on the
budget for that fiscal year, as applicable.
``(b) Components.--Each entry shall consist only of amounts
credited to it under subsection (c). No entry of a negative amount
shall be made.
``(c) Calculation of Account Savings in House and Senate.--For the
purposes of enforcing section 302(a), upon the engrossment of any bill,
other than an appropriation bill, by the House of Representatives or
Senate, as applicable, the amount of budget authority and outlays
calculated pursuant to subsection (d)(3) shall be counted against the
302(a) allocation provided to the applicable committee or committees of
that House which reported the bill as if the amount calculated pursuant
to subsection (d)(3) was included in the bill just engrossed.
``(d) Crediting of Amounts to Account.--(1) Whenever a Member or
Senator, as the case may be, offers an amendment to a bill that reduces
the amount of budget authority for direct spending provided either
under current law or proposed to be provided by the bill under
consideration, that Member or Senator may state the portion of such
reduction achieved in the first year covered by the most recently
adopted concurrent resolution on the budget and in addition the portion
of such reduction achieved in the first ten years covered by the most
recently adopted concurrent resolution on the budget that shall be
credited to the first-year deficit reduction balance and the five-year
deficit reduction balance, as applicable, if the amendment is agreed
to.
``(2) Except as provided by paragraph (3), the chairman of the
Committee on the Budget of the House of Representatives or Senate, as
applicable, shall, upon the engrossment of any bill, other than an
appropriation bill, by the House of Representatives or Senate, as
applicable, credit to the applicable entry balances amounts of new
budget authority and outlays equal to the net amounts of reductions in
budget authority and in outlays resulting from amendments agreed to by
that House to that bill.
``(3) When computing the net amounts of reductions in budget
authority and in outlays resulting from amendments agreed to by the
House of Representatives or Senate, as applicable, to a bill, the
chairman of the Committee on the Budget of that House shall only count
those portions of such amendments agreed to that were so designated by
the Members or Senators offering such amendments as amounts to be
credited to the first year deficit reduction balance and the five-year
deficit reduction balance.
``(4) The chairman of the Committee on the Budget of the House of
Representatives and of the Senate shall each maintain a running tally
of the amendments adopted reflecting increases and decreases of budget
authority in the bill as reported to its House. This tally shall be
available to Members or Senators during consideration of any bill by
that House.
``(e) Definition.--As used in this section, the term `appropriation
bill' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations.''.
SEC. 203. 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 315 the following new
items:
``Sec. 316. Discretionary deficit reduction account.
``Sec. 317. Direct spending deficit reduction account.''.
TITLE III--GENERAL FUND TRANSFERS
SEC. 301. BUDGET RULE RELATING TO TRANSFERS FROM THE GENERAL FUND OF
THE TREASURY TO THE HIGHWAY TRUST FUND THAT INCREASE
PUBLIC INDEBTEDNESS.
For purposes of the Congressional Budget Act of 1974, the Balanced
Budget and Emergency Deficit Control Act of 1985, the Rules of the
House of Representatives, or the Standing Rules of the Senate, a bill
or joint resolution, or an amendment thereto or conference report
thereon, or any Act that transfers funds from the general fund of the
Treasury to the Highway Trust Fund shall be counted as new budget
authority and outlays equal to the amount of the transfer in the fiscal
year the transfer occurs.
TITLE IV--BUDGETING FOR ADMINISTRATIVE ACTIONS
SEC. 501. REVIEW OF RULES REQUIRING NEW BUDGET AUTHORITY.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 559 the following:
``Sec. 559a. Review of rules requiring new budget authority
``(a) In General.--A rule made to carry out a direct spending
program that would require new budget authority of not less than
$100,000,000 for the fiscal year the rule takes effect or for any of
the 9 fiscal years immediately succeeding that fiscal year may not take
effect, except as provided in subsection (d).
``(b) Review by Office of Management and Budget of Proposed
Rules.--Before the effective date of any rule, the Director of the
Office of Management and Budget shall review the rule to determine if
the rule is a rule described in subsection (a). If the Director
determines that the rule is such a rule--
``(1) the Director shall notify the agency making the
rule--
``(A) of that determination; and
``(B) the amount of the estimated new budget
authority that the rule would require for the fiscal
year in which the rule would take effect and the 9
fiscal years immediately succeeding that fiscal year;
and
``(2) the agency may not undertake any further action
pertaining to such rulemaking.
``(c) Periodic Review of Rules.--Beginning on the date that is one
year after the date on which any rule takes effect, and annually
thereafter, the Director of the Office of Management and Budget may
make a determination as to whether the rule is a rule described in
subsection (a). For purposes of this determination, the fiscal year the
rule takes effect shall be deemed to be the fiscal year in which the
Director makes the determination. If the Director determines that the
rule is such a rule, the agency that issued the rule shall provide for
a transition period of such length as the Director, in consultation
with the agency, determines appropriate. At the end of that transition
period, the rule shall cease to have effect.
``(d) Exceptions.--Notwithstanding any other provision of this
section, a rule described in subsection (a) shall take effect or
continue in effect--
``(1) if the President submits written notice to the
Congress that the President has determined that the rule should
take effect or continue in effect because such rule is--
``(A) necessary because of an imminent threat to
health or safety or other emergency;
``(B) necessary for the enforcement of criminal
laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing
an international trade agreement; or
``(2) when the new budget authority to carry out the rule
is provided by law.
``(e) Treatment of Substantially Similar Rules.--A rule that does
not take effect (or does not continue in effect) under this section may
not be reissued in substantially the same form, and a new rule that is
substantially the same as such a rule may not be issued, unless the
reissued or new rule is specifically authorized by a law enacted after
the date that the rule fails to take effect or fails to continue in
effect.
``(f) Judicial Review.--Any determination under this section shall
be subject to review under chapter 7 of this title.
``(g) Definitions.--The terms `new budget authority' and `direct
spending' have the meanings given such terms under section 250 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900).
``(h) Applicability.--This section shall apply only to rules for
which the rulemakings are commenced after the date of enactment of the
Review Every Dollar Act of 2015.''.
(b) Cost of Projected Administrative Regulations.--Section 1105(a)
of title 31, United States Code, is amended--
(1) by redesignating the second paragraph (37) as paragraph
(39); and
(2) by adding at the end the following new paragraph:
``(40) a separate statement of the cost of administrative
rules that are projected to take effect during the fiscal year
for which the budget is submitted.''.
(c) Clerical Amendment.--The table of sections for chapter 5 of
title 5, United States Code is amended by inserting after the item
relating to section 559 the following new item:
``559a. Review of rules requiring new budget authority.''. | Review Every Dollar Act of 2015 This bill prohibits Congress from considering legislation authorizing or reauthorizing a federal program for more than seven years. Congressional committees are required to consider specified criteria to determine whether direct spending programs should be modified, terminated, or reauthorized. The bill amends the Congressional Budget Act of 1974 to create deficit reduction accounts for savings from legislation intended for deficit reduction. The Chairmen of the House and Senate Budget Committees are required to adjust spending allocations to reflect balances in the accounts. This creates procedural obstacles for considering legislation that spends savings intended for deficit reduction. The bill requires transfers of funds from the general fund of the Treasury to the Highway Trust Fund to be counted as new budget authority and outlays. The bill prohibits certain rules requiring at least $100 million in new budget authority from taking effect unless: (1) the President notifies Congress that the rule is necessary for an emergency, the enforcement of criminal laws, national security, or the implementation of an international trade agreement; or (2) budget authority to carry out the rule is provided by law. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nazi Benefits Termination Act of
1999''.
SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS.
(a) In General.--Notwithstanding any other provision of law, an
individual who is determined under this Act to have been a participant
in Nazi persecution is not eligible for any Federal public benefit.
(b) Definitions.--In this Act:
(1) Federal public benefit.--The term ``Federal public
benefit'' shall have the meaning given such term by section
401(c)(1) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, but shall not include any benefit
described in section 401(b)(1) of such Act (and, for purposes
of applying such section 401(b)(1), the term ``alien'' shall be
considered to mean ``individual'').
(2) Participant in nazi persecution.--The term
``participant in Nazi persecution'' means an individual who--
(A) if an alien, is shown by a preponderance of the
evidence to fall within the class of persons who (if
present within the United States) would be deportable
under section 237(a)(4)(D) of the Immigration and
Nationality Act; or
(B) if a citizen, is shown by a preponderance of
the evidence--
(i) to have procured citizenship illegally
or by concealment of a material fact or willful
misrepresentation within the meaning of section
340(a) of the Immigration and Nationality Act;
and
(ii) to have participated in Nazi
persecution within the meaning of section
212(a)(3)(E) of the Immigration and Nationality
Act.
SEC. 3. DETERMINATIONS.
(a) Hearing by Immigration Judge.--If the Attorney General has
reason to believe that an individual who has applied for or is
receiving a Federal public benefit may have been a participant in Nazi
persecution (within the meaning of section 2 of this Act), the Attorney
General may provide an opportunity for a hearing on the record with
respect to the matter. The Attorney General may delegate the conduct of
the hearing to an immigration judge appointed by the Attorney General
under section 101(b)(4) of the Immigration and Nationality Act.
(b) Procedure.--
(1) Right of respondents to appear.--
(A) Citizens, permanent resident aliens, and
persons present in the united states.--At a hearing
under this section, each respondent may appear in
person if the respondent is a United States citizen, a
permanent resident alien, or present within the United
States when the proceeding under this section is
initiated.
(B) Others.--A respondent who is not a citizen, a
permanent resident alien, or present within the United
States when the proceeding under this section is
initiated may appear by video conference.
(C) Rule of interpretation.--This Act shall not be
construed to permit the return to the United States of
an individual who is inadmissible under section
212(a)(3)(E) of the Immigration and Nationality Act.
(2) Other rights of respondents.--At a hearing under this
section, each respondent may be represented by counsel at no
expense to the Federal Government, present evidence, cross-
examine witnesses, and obtain the issuance of subpoenas for the
attendance of witnesses and presentation of evidence.
(3) Rules of evidence.--Unless otherwise provided in this
Act, rules regarding the presentation of evidence in the
hearing shall apply in the same manner in which such rules
would apply in a removal proceeding before a United States
immigration judge under section 240 of the Immigration and
Nationality Act.
(c) Hearings, Findings and Conclusions, and Order.--
(1) Findings and conclusions.--Within 60 days after the end
of a hearing conducted under this section, the immigration
judge shall make findings of fact and conclusions of law with
respect to whether the respondent has been a participant in
Nazi persecution (within the meaning of section 2 of this Act).
(2) Order.--
(A) Finding that respondent has been a participant
in nazi persecution.--If the immigration judge finds,
by a preponderance of the evidence, that the respondent
has been a participant in Nazi persecution (within the
meaning of section 2 of this Act), the immigration
judge shall promptly issue an order declaring the
respondent to be ineligible for any Federal public
benefit, and prohibiting any person from providing such
a benefit, directly or indirectly, to the respondent,
and shall transmit a copy of the order to any
governmental entity or person known to be so providing
such a benefit.
(B) Finding that respondent has not been a
participant in nazi persecution.--If the immigration
judge finds that there is insufficient evidence for a
finding under subparagraph (A) that a respondent has
been a participant in Nazi persecution (within the
meaning of section 2 of this Act), the immigration
judge shall issue an order dismissing the proceeding.
(C) Effective date; limitation of liability.--
(i) Effective date.--An order issued
pursuant to subparagraph (A) shall be effective
on the date of issuance.
(ii) Limitation of liability.--
Notwithstanding clause (i), a person or entity
shall not be found to have provided a benefit
to an individual in violation of this Act until
the person or entity has received actual notice
of the issuance of an order under subparagraph
(A) with respect to the individual and has had
a reasonable opportunity to comply with the
order.
(d) Review by Attorney General; Service of Final Order.--
(1) Review by attorney general.--The Attorney General may,
in her discretion, review any finding or conclusion made, or
order issued, under subsection (c), and shall complete the
review not later than 30 days after the finding or conclusion
is so made, or order is so issued. Otherwise, the finding,
conclusion, or order shall be final.
(2) Service of final order.--The Attorney General shall
cause the findings of fact and conclusions of law made with
respect to any final order issued under this section, together
with a copy of the order, to be served on the respondent
involved.
(e) Judicial Review.--Any party aggrieved by a final order issued
under this section may obtain a review of the order by the United
States Court of Appeals for the Federal Circuit, by filing a petition
for such review not later than 30 days after the final order is issued.
(f) Issue and Claim Preclusion.--In any administrative or judicial
proceeding under this Act, the ordinary rules of issue preclusion and
claim preclusion shall apply.
SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT OVER APPEALS UNDER THIS ACT.
Section 1295(a) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and
inserting ``; and''; and
(3) by adding at the end the following:
``(15) of an appeal from a final order issued under the
Nazi Benefits Termination Act of 1999.''. | Describes hearing procedures under this Act. Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be so providing such a benefit and to any governmental entity or person known to have received an application for benefits that has not been finally adjudicated.
Authorizes the Attorney General to review any finding or conclusion made, or order issued and to initiate any review within 30 days. Requires any order, finding, or conclusion to be final: (1) 30 days after it is issued if the Attorney General does not initiate such a review; or (2) either upon the issuance of a decision by the Attorney General or 90 days after the order, finding, or conclusion is issued, whichever is earlier, if the Attorney General does initiate a review.
Allows any party aggrieved by a final order issued under this Act to obtain judicial review of the order by the U.S. Court of Appeals for the Federal Circuit by filing a petition for such review no later than 30 days after the final order becomes final, or completion of any review by the Attorney General, whichever is later. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Atlantic Energy Security
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Ocean Energy Management.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Qualified revenues.--The term ``qualified revenues''
means all bonus bids, rentals, and royalties (and other sums)
due and payable to the United States from all leases entered
into after the date of enactment of this Act that cover an area
in the South Atlantic planning area.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) South atlantic planning area.--The term ``South
Atlantic planning area'' means the area of the outer
Continental Shelf (as defined in section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331)) that is located
between the northern lateral seaward administrative boundary of
the Commonwealth of Virginia and the southernmost lateral
seaward administrative boundary of the State of Georgia.
(6) State.--The term ``State'' means any of the following
States:
(A) Georgia.
(B) North Carolina.
(C) South Carolina.
(D) Virginia.
SEC. 3. PRESERVING COASTAL VIEWSHEDS.
(a) In General.--Prior to conducting a lease sale authorized under
this Act that would offer leases within 30 nautical miles of the
coastline, the Secretary shall consult with the Governor of each
potentially affected State to establish appropriate lease stipulations
for the management of the surface occupancy of the areas between the
coastline and 30 nautical miles to mitigate any potential concerns
regarding impacts to coastal viewsheds.
(b) Considerations for Production Facilities.--The Secretary and
the State shall consider--
(1) restricting the installation of permanent surface
production facilities above the waterline for the purpose of
production of oil or gas resources in any area that is within
12 nautical miles seaward from the coastline of the State;
(2) allowing only subsurface production facilities to be
installed in areas that are located between the point that is
12 nautical miles from seaward from the coastline of the State
and the point that is 30 nautical miles seaward from the
coastline of the State.
(c) Development and Production Plan Approval.--If permanent surface
facilities are proposed to be installed within 30 nautical miles of the
coastline, the Secretary shall not grant approval of the development
and production plan unless it is determined that the facility is
designed so that the impacts on coastal viewsheds are minimized, to the
maximum extent practicable.
(d) Onshore Access to Leases Not Restricted.--Notwithstanding any
other provision of this section, onshore facilities associated with the
drilling, development, and production of the oil and gas resources of
the South Atlantic planning area within 12 nautical miles seaward of
the coastline of a State are allowed.
(e) Temporary Activities Not Affected.--Nothing described in
subsection (a), (b), or (c) restricts, or gives the States authority to
restrict, temporary surface activities related to operations associated
with outer Continental Shelf oil and gas leases.
SEC. 4. 2017-2022 LEASING PROGRAM.
The Secretary shall--
(1) include the South Atlantic planning area in the outer
Continental Shelf leasing program for fiscal years 2017 through
2022 prepared under section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344); and
(2) conduct in the South Atlantic planning area--
(A) 1 lease sale during fiscal year 2021; and
(B) 2 lease sales during fiscal year 2022.
SEC. 5. BALANCING OF MILITARY AND ENERGY PRODUCTION GOALS.
(a) In General.--In recognition that the outer Continental Shelf
oil and gas leasing program and the domestic energy resources produced
under the program are integral to national security, the Secretary and
the Secretary of Defense shall work jointly in implementing lease sales
under this Act--
(1) to preserve the ability of the Armed Forces of the
United States to maintain an optimum state of readiness through
continued use of the outer Continental Shelf; and
(2) to allow effective exploration, development, and
production of the oil, gas, and renewable energy resources of
the United States.
(b) Prohibition on Conflicts With Military Operations.--
(1) In general.--The Secretary shall not make any tract
available for lease under this Act if the President, in
consultation with the Committees on Armed Services of the
Senate and the House of Representatives, determines that the
lease of that tract would conflict with military operations
relating to national security.
(2) Actions by persons.--No person may engage in any
exploration, development, or production of oil or natural gas
on the outer Continental Shelf under a lease issued under this
Act that would conflict with any military operation, as
determined in accordance with--
(A) the agreement entitled ``Memorandum of
Agreement between the Department of Defense and the
Department of the Interior on Mutual Concerns on the
Outer Continental Shelf'' and dated July 20, 1983; and
(B) any revision or replacement for the agreement
described in subparagraph (A) that is agreed to by the
Secretary of Defense and the Secretary during the
period beginning on July 21, 1983, and ending on the
day before the date of issuance of the lease under
which the exploration, development, or production is
conducted.
SEC. 6. DISPOSITION OF REVENUES.
(a) In General.--Notwithstanding section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338), for each of fiscal years 2017 through
2022, the Secretary shall deposit--
(1) 50 percent of any qualified revenues in the general
fund of the Treasury; and
(2) 50 percent of any qualified revenues in a special
account in the Treasury from which the Secretary shall disburse
amounts to the States in accordance with subsection (b).
(b) Allocation to States.--
(1) In general.--Subject to paragraphs (2) and (3),
effective for each of fiscal years 2017 through 2022, the
Secretary of the Treasury shall allocate the qualified revenues
described in subsection (a)(2) to each State in amounts (based
on a formula established by the Secretary, by regulation) that
are inversely proportional to the respective distances
between--
(A) the point on the coastline of each State that
is closest to the geographical center of the applicable
leased tract; and
(B) the geographical center of that leased tract.
(2) Minimum allocation.--The amount allocated to a State
for each fiscal year under paragraph (1) shall be not less than
10 percent of the amounts available under subsection (a)(2).
(3) Mandate.--Of the amounts received by a State under
paragraph (1), the State shall use, at the discretion of the
Governor of the State--
(A) 10 percent--
(i) to enhance State land and water
conservation efforts;
(ii) to improve State public transportation
projects;
(iii) to establish alternative, renewable,
and clean energy production and generation
within each State; and
(iv) to enhance beach nourishment and
costal dredging;
(B) 2.5 percent to enhance geological and
geophysical education for the energy future of the
United States in accordance with section 7.
SEC. 7. ENHANCING GEOLOGICAL AND GEOPHYSICAL EDUCATION FOR AMERICA'S
ENERGY FUTURE.
(a) In General.--The Secretary, acting through the Director, shall
partner with institutions of higher education selected under subsection
(c) to facilitate the practical study of geological and geophysical
sciences of areas on the Atlantic region of the outer Continental Shelf
and elsewhere on the Continental Shelf of the United States.
(b) Focus.--Activities conducted by institutions of higher
education under this section shall focus all geological and geophysical
scientific research on obtaining a better understanding of hydrocarbon
potential in the South Atlantic planning area while fostering the study
of the geological and geophysical sciences at institutions of higher
education in the United States.
(c) Selection of Institutions.--
(1) Selection.--Not later than 180 days after the date of
enactment of this Act, the Governor of each State may nominate
for participation in a partnership--
(A) 1 institution of higher education located in
the State; and
(B) 1 institution of higher education that is a
historically Black college or university (as defined in
section 631(a) of the Higher Education Act of 1965 (20
U.S.C. 1132(a))) located in the State.
(2) Preference.--In making nominations under paragraph (1),
each Governor shall give preference to those institutions of
higher education that--
(A) demonstrate a vigorous rate of admissions of
veterans of the Armed Forces of the United States; and
(B) meet the criteria described in paragraph (3).
(3) Criteria.--The Governor shall select as a partner any
institution of higher education nominated under paragraph (1)
that the Governor determines demonstrates excellence in 1 or
more of the following criteria:
(A) Geophysical sciences curriculum.
(B) Engineering curriculum.
(C) Information technology or other technical
studies related to seismic research, including data
processing.
(d) Research Authority.--
(1) In general.--Except as provided in paragraph (2), an
institution of higher education selected under subsection
(c)(3) may conduct research under this section on the
expiration of the 30-day period beginning on the date on which
the institution of higher education submits to the South
Atlantic Regional Director of the Bureau of Ocean Energy
Management a notice of the research.
(2) Permit required.--An institution of higher education
may not conduct research under this section that uses any solid
or liquid explosive, except as authorized by a permit issued by
the Director.
(e) Data.--
(1) In general.--The geological and geophysical activities
conducted under this section--
(A) shall be considered to be scientific research
and data produced by the activities;
(B) shall not be used or shared for commercial
purposes;
(C) shall not be produced for proprietary use or
sale; and
(D) shall be made available by the Director to the
public.
(2) Submission of data to boem.--Not later than 60 days
after completion of initial analysis of data collected under
this section by an institution of higher education selected
under subsection (c)(3), the institution of higher education
shall share with the Director any data collected requested by
the Director.
(3) Fees.--The Director may not charge any fee for the
provision of data produced in research under this section,
other than a data reprocessing fee to pay the cost of
duplicating the data.
(f) Report.--Not less frequently than once every 180 days, the
Director shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the House of
Representatives a report on the data derived from partnerships under
this section.
SEC. 8. ATLANTIC REGIONAL OFFICE.
Not later than the last day of the outer Continental Shelf leasing
program for fiscal years 2012 through 2017 prepared under section 18 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Director
shall establish an Atlantic regional office in an area that is--
(1) included in the outer Continental Shelf leasing program
for fiscal years 2017 through 2022 prepared under section 18 of
that Act (43 U.S.C. 1344); and
(2) determined by the Director to have the highest
potential for resource development. | Southern Atlantic Energy Security Act Directs the Department of the Interior, before conducting a lease sale that would offer leases within 30 nautical miles of the coastline, to consult with the governor of each potentially affected state to establish lease stipulations for the management of the surface occupancy of the areas between the coastline and 30 nautical miles to mitigate potential concerns regarding impacts to coastal viewsheds. Prescribes formal considerations for production facilities. Prohibits Interior from approving a development and production plan if permanent surface facilities are proposed within 30 nautical miles of the coastline, unless the facilities are designed to minimize the impacts upon coastal viewsheds. Permits onshore facilities associated with the drilling, development, and production of the oil and gas resources of the South Atlantic planning area within 12 nautical miles seaward of the coastline of a state. Requires Interior to include the South Atlantic planning area in the outer Continental Shelf (OCS) leasing program for FY2017-FY2022, and conduct in that area one lease sale during FY2021 and two during FY2022. Directs Interior and the Department of Defense to implement lease sales jointly to: (1) preserve the ability of the Armed Forces to maintain an optimum state of readiness through their continued use of the OCS; and (2) allow effective exploration, development, and production of U.S. oil, gas, and renewable energy resources. Prohibits: (1) Interior from making any tract available for lease if the President, in consultation with certain congressional committees, determines that leasing that tract would conflict with military operations relating to national security; and (2) exploration, development, or production of oil or natural gas on the OCS that would conflict with military operations set forth in specified documents. Requires deposit of 50% of qualified revenues into the general fund of the Treasury and 50% into a special Treasury account for allocation to certain states for: enhancing land and water conservation efforts; improving state public transportation projects; establishing alternative, renewable, and clean energy production and generation; enhancing beach nourishment and coastal dredging; and enhancing geological and geophysical education for the energy future of the U.S. Requires Interior, acting through the Bureau of Ocean Energy Management (BOEM), to partner with certain institutions of higher education to facilitate the study of geological and geophysical sciences on the Atlantic OCS and elsewhere on the U.S. Continental Shelf. Authorizes the governor of each state to nominate institutions of higher education located in the state for participation in such a partnership: (1) including one historically Black college or university, and (2) giving preference to those that demonstrate a vigorous rate of admissions of veterans of the Armed Forces. Requires the BOEM Director to establish an Atlantic regional office in an area included in the OCS leasing program for FY2017-FY2022 that has the highest potential for resource development. |
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SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF TRANSACTIONS
BETWEEN LARGE FINANCIAL COMPANIES AND THE FEDERAL
GOVERNMENT.
(a) Definitions.--For purposes of this Act--
(1) the term ``covered institution'' means any bank holding
company having more than $500,000,000,000 in consolidated
assets; and
(2) the term ``economic benefit'' means the difference
between actual loans terms offered, debt or equity prices, or
asset values and a reasonable estimate of what such terms,
prices, or values might have been, as determined by examining
actual values of comparable transaction in the private markets
or by estimating the values of comparable transactions priced
to properly reflect associated risk.
(b) GAO Study.--The Comptroller General of the United States (in
this section referred to as the ``Comptroller'') shall conduct a study
of covered institutions, such as--
(1) the favorable pricing of the debt of such institutions,
relative to their risk profile resulting from the perception
that such institutions will receive Government support in the
event of any financial stress;
(2) any favorable funding or economic treatment resulting
from an increase in the credit rating for covered institutions,
as a result of express, implied, or perceived Government
support;
(3) any economic benefit to covered institutions resulting
from the ownership of, or affiliation with, an insured
depository institution;
(4) any economic benefit resulting from the status of
covered institutions as a bank holding company, including
access to Federal deposit insurance and the discount window of
the Board of Governors of the Federal Reserve System before the
date of enactment of this Act;
(5) any economic benefit received through extraordinary
Government actions taken, such as--
(A) actions by the Department of the Treasury--
(i) under the Emergency Economic
Stabilization Act, such as--
(I) asset purchases by the United
States Government;
(II) capital injections from the
United States Government; or
(III) housing programs; or
(ii) by the purchase of the mortgage backed
securities of the Federal National Mortgage
Association and the Federal Home Loan Mortgage
Corporation (in this Act referred to as
``government-sponsored enterprises''), in order
to lower interest rates, and the value of such
securities in the absence of such purchases;
(B) actions by the Board of Governors of the
Federal Reserve System prior to the date of enactment
of this Act, such as--
(i) providing loans to financial
institutions through the Term Auction Facility;
and
(ii) assistance through programs under
section 13(3) of the Federal Reserve Act prior
to the date of enactment of this Act, such as--
(I) lending through the Commercial
Paper Funding Facility;
(II) securities lending to primary
dealers through the Primary Dealer
Credit Facility and the Term Securities
Lending Facility;
(III) lending to institutions
through the Term Asset-Backed
Securities Loan Facility; or
(IV) purchasing assets through the
Maiden Lane facility; and
(C) actions by the Federal Deposit Insurance
Corporation, such as--
(i) guaranteeing debt or deposits through
the Temporary Liquidity Guarantee Program; or
(ii) pricing of assessments related to any
such guarantees; and
(6) any extraordinary assistance provided to American
Insurance Group, but ultimately received by one of the covered
institutions; and
(7) any Government actions that resulted in the payment or
nonpayment of credit default swap contracts entered into by a
covered institution.
SEC. 2. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller shall submit a report to Congress detailing the findings of
the Comptroller in the study conducted under this Act. Such report
shall be made electronically available to the public, except that any
proprietary, sensitive, or confidential information shall be redacted
in any release to the public.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to provide authority
inconsistent with, or to otherwise affect, section 714 of title 31
United States Code.
Passed the Senate December 21, 2012.
Attest:
NANCY ERICKSON,
Secretary. | (Sec. 1) Directs the Comptroller General to study any bank holding company having more than $500 billion in consolidated assets (covered institution) with respect to:
favorable pricing of its debt relative to its risk profile resulting from the perception it will receive federal support in the event of any financial stress; any favorable funding or economic treatment resulting from an increase in its credit rating as a result of express, implied, or perceived federal support; any economic benefit resulting from the ownership of, or affiliation with, an insured depository institution; any economic benefit resulting from its status as a bank holding company, including access to federal deposit insurance and the discount window of the Board of Governors of the Federal Reserve System (Federal Reserve Board) before enactment of this Act; any economic benefit received through extraordinary federal actions taken, such as specified actions by the Department of the Treasury, the Federal Reserve Board, and the Federal Deposit Insurance Corporation (FDIC); any extraordinary assistance provided to American Insurance Group (AIG), but ultimately received by one of the covered institutions; and any government actions that resulted in the payment or nonpayment of credit default swap contracts entered into by a covered institution. Defines "economic benefit" as the difference between actual loan terms offered, debt or equity prices, or asset values and a reasonable estimate of what such terms, prices, or values might have been as determined by examining actual values of comparable transactions in the private markets or by estimating the values of comparable transactions priced to properly reflect associated risk.
(Sec. 2) Requires the resulting report to Congress to redact any proprietary, sensitive, or confidential information in any release subsequently made electronically available to the public. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Line Item Veto Act''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND
REPEALS OF TAX EXPENDITURES AND DIRECT SPENDING.
(a) In General.--Title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by
adding after section 1012 the following new section:
``expedited consideration of certain proposed rescissions and repeals
of tax expenditures and direct spending
``Sec. 1012A. (a) Proposed Cancellation of Budget Item.--The
President may propose, at the time and in the manner provided in
subsection (b), the cancellation of any budget item provided in any
Act.
``(b) Transmittal of Special Message.--
``(1)(A) Subject to the time limitations provided in
subparagraph (B), the President may transmit to Congress a
special message proposing to cancel budget items and include
with that special message a draft bill that, if enacted, would
only cancel those budget items as provided in this section. The
bill shall clearly identify each budget item that is proposed
to be canceled including, where applicable, each program,
project, or activity to which the budget item relates. The bill
shall specify the amount, if any, of each budget item that the
President designates for deficit reduction as provided in
paragraph (4).
``(B) A special message may be transmitted under this
section--
``(i) during the 20-calendar-day period (excluding
Saturdays, Sundays, and legal holidays) commencing on
the day after the date of enactment of the provision
proposed to be rescinded or repealed; or
``(ii) at the same time as the President's budget.
``(2) In the case of an Act that includes budget items
within the jurisdiction of more than one committee of a House,
the President in proposing to cancel such budget item under
this section shall send a separate special message and
accompanying draft bill for each such committee.
``(3) Each special message shall specify, with respect to
the budget item proposed to be canceled--
``(A) the amount that the President proposes be
canceled;
``(B) any account, department, or establishment of
the Government to which such budget item is available
for obligation, and the specific project or
governmental functions involved;
``(C) the reasons why the budget item should be
canceled;
``(D) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
(including the effect on outlays and receipts in each
fiscal year) of the proposed cancellation; and
``(E) all facts, circumstances, and considerations
relating to or bearing upon the proposed cancellation
and the decision to effect the proposed cancellation,
and to the maximum extent practicable, the estimated
effect of the proposed cancellation upon the objects,
purposes, and programs for which the budget item is
provided.
``(4)(A) Not later than 5 days after the date of enactment
of a bill containing an amount designated by the President for
deficit reduction under paragraph (1), the President shall--
``(i) with respect to a rescission bill, reduce the
discretionary spending limits under section 601 of the
Congressional Budget Act of 1974 for the budget year
and each outyear to reflect such amount; and
``(ii) with respect to a repeal of a tax
expenditure or direct spending, adjust the balances for
the budget year and each outyear under section 252(b)
of the Balanced Budget and Emergency Deficit Control
Act of 1985 to reflect such amount.
``(B) Not later than 5 days after the date of enactment of
a bill containing an amount designated by the President for
deficit reduction under paragraph (1), the chairs of the
Committees on the Budget of the Senate and the House of
Representatives shall revise levels under section 311(a) and
adjust the committee allocations under section 602(a) to
reflect such amount.
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second day of session of
the Senate and the House of Representatives, respectively,
after the date of receipt of a special message transmitted to
Congress under subsection (b), the majority leader or minority
leader of each House shall introduce (by request) the draft
bill accompanying that special message. If the bill is not
introduced as provided in the preceding sentence in either
House, then, on the third day of session of that House after
the date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) The bill shall be referred to the appropriate
committee or (in the House of Representatives) committees. The
committee shall report the bill without substantive revision
and with or without recommendation. The committee shall report
the bill not later than the seventh day of session of that
House after the date of receipt of that special message. If the
committee fails to report the bill within that period, the
committee shall be automatically discharged from consideration
of the bill, and the bill shall be placed on the appropriate
calendar.
``(C) A vote on final passage of the bill shall be taken in
the Senate and the House of Representatives on or before the
close of the 10th day of session of that House after the date
of the introduction of the bill in that House. If the bill is
passed, the Clerk of the Senate or the House of
Representatives, as the case may be, shall cause the bill to be
engrossed, certified, and transmitted to the other House within
one calendar day of the day on which the bill is passed.
``(2)(A) During consideration under this subsection in the
House of Representatives, any Member of the House of
Representatives may move to strike any proposed cancellation of
a budget item if supported by 49 other Members.
``(B) A motion in the House of Representatives to proceed
to the consideration of a bill under this subsection shall be
highly privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
``(C) Debate in the House of Representatives on a bill
under this subsection shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
subsection or to move to reconsider the vote by which the bill
is agreed to or disagreed to.
``(D) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(E) Except to the extent specifically provided in this
section, consideration of a bill under this section shall be
governed by the Rules of the House of Representatives. It shall
not be in order in the House of Representatives to consider any
rescission bill introduced pursuant to the provisions of this
section under a suspension of the rules or under a special
rule.
``(3)(A) During consideration of a bill under this
subsection in the Senate, any Member of the Senate may move to
strike any proposed cancellation of a budget item if supported
by 11 other Members.
``(B) It shall not be in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
``(C) Debate in the Senate on a bill under this subsection,
and all debatable motions and appeals in connection therewith
(including debate pursuant to subparagraph (D)), shall not
exceed 10 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees.
``(D) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this subsection shall be
limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
``(E) A motion in the Senate to further limit debate on a
bill under this subsection is not debatable. A motion to
recommit a bill under this subsection is not in order.
``(F) If the Senate proceeds to consider a bill introduced
in the House of Representatives under paragraph (1)(A), then
any Senator may offer as an amendment the text of the companion
bill introduced in the Senate under paragraph (1)(A) as amended
if amended (under subparagraph (A)). Debate in the Senate on
such bill introduced in the House of Representatives, and all
debatable motions and appeals in connection therewith
(including debate pursuant to subparagraph (D)), and any
amendment offered under this subparagraph, shall not exceed 10
hours minus such times (if any) as Senators consumed or yielded
back during consideration of the companion bill introduced in the
Senate under paragraph (1)(A).
``(4) Debate in the House of Representatives or the Senate
on the conference report on any bill considered under this
section shall be limited to not more than 2 hours, which shall
be divided equally between the majority leader and the minority
leader. A motion further to limit debate is not debatable. A
motion to recommit the conference report is not in order, and
it is not in order to move to reconsider the vote by which the
conference report is agreed to or disagreed to.
``(d) Amendments and Divisions Prohibited.--Except as otherwise
provided by this section, no amendment to a bill considered under this
section shall be in order in either the Senate or the House of
Representatives. It shall not be in order to demand a division of the
question in the House of Representatives (or in a Committee of the
Whole). No motion to suspend the application of this subsection shall
be in order in the House of Representatives, nor shall it be in order
in the House of Representatives to suspend the application of this
subsection by unanimous consent.
``(e) Requirement To Make Available for Obligation.--Any budget
item proposed to be canceled in a special message transmitted to
Congress under subsection (b) shall not be made available for
obligation or take effect until the day after the date on which either
House rejects the bill transmitted with that special message.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
``(2) the term `direct spending' shall have the same
meaning given such term in section 250(c)(8) of the Balanced
Budget and Emergency Deficit Control Act of 1985;
``(3) the term `budget item' means--
``(A) an amount, in whole or in part, of budget
authority provided in an appropriation Act;
``(B) an amount of direct spending; or
``(C) a targeted tax benefit;
``(4) the term `cancellation of a budget item' means--
``(A) the rescission of any budget authority
provided in an appropriation Act;
``(B) the repeal of any amount of direct spending;
or
``(C) the repeal of any targeted tax benefit; and
``(5) the term `targeted tax benefit' means any provision
which has the practical effect of providing a benefit in the
form of a different treatment to a particular taxpayer or a
limited class of taxpayers, whether or not such provision is
limited by its terms to a particular taxpayer or a class of
taxpayers. Such term does not include any benefit provided to a
class of taxpayers distinguished on the basis of general
demographic conditions such as income, number of dependents, or
marital status.''.
(b) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
(1) in subsection (a), by striking ``and 1017'' and
inserting ``1012A, and 1017''; and
(2) in subsection (d), by striking ``section 1017'' and
inserting ``sections 1012A and 1017''.
(c) Clerical Amendments.--The table of sections for subpart B of
title X of the Congressional Budget and Impoundment Control Act of 1974
is amended by inserting after the item relating to section 1012 the
following:
``Sec. 1012A. Expedited consideration of certain proposed rescissions
and repeals of tax expenditures and direct
spending.''.
(d) Effective Period.--The amendments made by this Act shall--
(1) take effect on the date of enactment of this Act;
(2) apply only to budget items provided in Acts enacted on
or after the date of enactment of this Act; and
(3) cease to be effective on September 30, 1998. | Legislative Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to the Congress the cancellation of any budget item provided in any Act. Authorizes the President to transmit a draft bill to the Congress with such a proposal, including the amount of each budget item designated for deficit reduction.
Establishes expedited procedures in the Senate and the House of Representatives for consideration of such bill. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multimodal Transportation Financing
Act''.
SEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY INFRASTRUCTURE.
(a) Treatment as Exempt Facility Bond.--Subsection (a) of section
142 of the Internal Revenue Code of 1986 (relating to exempt facility
bond) is amended by striking ``or'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting ``,
or'', and by adding at the end the following:
``(13) qualified highway infrastructure projects.''.
(b) Qualified Highway Infrastructure Projects.--Section 142 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(k) Qualified Highway Infrastructure Projects.--
``(1) In general.--For purposes of subsection (a)(13), the
term `qualified highway infrastructure project' means a
project--
``(A) for the construction, reconstruction, or
maintenance of a highway, including related startup
costs, and
``(B) meeting the requirements of paragraph (2).
``(2) Project requirements.--A project meets the
requirements of this paragraph if the project--
``(A) serves the general public,
``(B) is located on publicly-owned rights-of-way,
and
``(C) is publicly owned or the ownership of the
highway constructed, reconstructed, or maintained under
the project reverts to the public.''
(c) Exemption From General State Volume Caps.--Paragraph (3) of
section 146(g) of the Internal Revenue Code of 1986 (relating to
exception for certain bonds) is amended--
(1) by striking ``or (12)'' and inserting ``(12), or
(13)'', and
(2) by striking ``and environmental enhancements of
hydroelectric generating facilities'' and inserting
``environmental enhancements of hydroelectric generating
facilities, and qualified highway infrastructure projects''.
(d) Exemption From Limitation on Use for Land Acquisition.--Section
147(c)(3) of the Internal Revenue Code of 1986 (relating to exception
for certain land acquired for environmental purposes, etc.) is amended
by striking ``or wharf'' both places it appears and inserting ``wharf,
or qualified highway infrastructure project''.
(e) Treatment of Certain Refunding Bonds.--
(1) In general.--Paragraph (2) of section 149(d) of the
Internal Revenue Code of 1986 (relating to certain private
activity bonds) is amended by inserting ``or any exempt
facility bond issued as part of an issue described in paragraph
(13) of section 142(a) (relating to qualified highway
infrastructure projects)'' after ``other than a qualified
501(c)(3) bond''.
(2) Special rules.--Paragraph (6) of section 149(d) of such
Code is amended to read as follows:
``(6) Special rules for purposes of paragraph (3).--For
purposes of paragraph (3)--
``(A) bonds issued before October 22, 1986, shall
be taken into account under subparagraph (A)(i) thereof
except--
``(i) a refunding which occurred before
1986 shall be treated as an advance refunding
only if the refunding bond was issued more than
180 days before the redemption of the refunded
bond, and
``(ii) a bond issued before 1986, shall be
treated as advance refunded no more than once
before March 15, 1986, and
``(B) a bond issued as part of an issue that is
either the 1st or 2nd advance refunding of the original
bond shall be treated as only the 1st advance refunding
of the original bond if--
``(i) at least 95 percent or more of the
net proceeds of the original bond issue are to
be used to finance a highway infrastructure
project (regardless of whether the original
bond was issued as a private activity bond),
``(ii) the original bonds and applicable
refunding bonds are or are reasonably expected
to be primarily secured by project-based
revenues, and
``(iii) in any case in which--
``(I) the original bonds or
applicable refunding bonds are private
activity bonds issued as part of an
issue at least 95 percent or more of
the net proceeds of which are to be
used to finance a qualified highway
infrastructure project described in
section 142(a)(13), the refunding bonds
of the issue and original bonds of the
issue satisfy the requirements of
section 147(b), or
``(II) the original bonds and
applicable refunding bonds are not
private activity bonds, the second
generation advance refunding bonds of
the issue (and any future bonds of the
issue refunding such bonds) satisfy the
requirements of section 147(b).''.
(3) Special rule relating to maturity limitation.--Section
147(b) of such Code (relating to maturity limitations) is
amended by adding at the end the following:
``(6) Special rule for certain highway infrastructure
projects.--
``(A) In general.--In the case of bonds of an issue
described in section 149(d)(6)(B), the limit described
in paragraph (1)(B) shall be reduced--
``(i) in any case in which the original
bonds or applicable refunding bonds are private
activity bonds, by the remaining weighted
average maturity of the escrowed bonds with
respect to both the first and second generation
advance refunding, and
``(ii) in any case in which the original
bonds and applicable refunding bonds are not
private activity bonds, by the remaining
weighted average maturity of the escrowed bonds
with respect to the second generation advance
refunding.
``(B) Remaining weighted average maturity of
escrowed bonds.--For purposes of subparagraph (A), the
remaining weighted average maturity of the escrowed
bonds is equal to the weighted average maturity,
calculated as of the applicable refunding bond issue
date--
``(i) with respect to subparagraph (A)(i),
of the applicable bonds advance refunded, and
``(ii) with respect to subparagraph
(A)(ii), of the applicable bonds directly
refunded by the second generation advance
refunding bonds, and
treating any date of actual early redemption as a
maturity date for this purpose.
(f) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
SEC. 3. MASS COMMUTING FACILITIES.
(a) Exemption From State Volume Cap.--Section 146(g)(3) of the
Internal Revenue Code of 1986 (relating to exception for certain
bonds), as amended by section 2, is amended--
(1) by inserting ``(3),'' after ``(2),'', and
(2) by inserting ``mass commuting facilities,'' after
``wharves,''.
(b) Inclusion of Rolling Stock.--Section 142(c) of the Internal
Revenue Code of 1986 (relating to airports, docks and wharves, mass
commuting facilities and high-speed intercity rail facilities) is
amended by adding at the end the following new paragraph:
``(3) Mass commuting facilities.--The term `mass commuting
facilities' includes rolling stock related to such
facilities.''.
(c) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
SEC. 4. MODIFICATION OF DEFINITION OF HIGH-SPEED INTERCITY RAIL
FACILITIES.
(a) In General.--Section 142(i)(1) of the Internal Revenue Code of
1986 (defining high-speed intercity rail facilities) is amended by
striking `` and their baggage'' and all that follows and inserting ``on
high speed rail corridors designated under section 104(d)(2) of title
23, United States Code, or on corridors using magnetic levitation
technology.''.
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
SEC. 5. TAX-EXEMPT FINANCING OF INTERMODAL TRANSFER FACILITIES.
(a) Treatment as Exempt Facility Bond.--Subsection (a) of section
142 of the Internal Revenue Code of 1986 (relating to exempt facility
bond), as amended by section 2(a), is amended by striking ``or'' at the
end of paragraph (12), by striking the period at the end of paragraph
(13) and inserting ``, or'', and by adding at the end the following:
``(14) intermodal transfer facilities.''.
(b) Intermodal Transfer Facilities.--Section 142 of the Internal
Revenue Code of 1986, as amended by section 2(b), is amended by adding
at the end the following:
``(l) Intermodal Transfer Facilities.--For purposes of subsection
(a)(14), the term `intermodal transfer facilities' means any facility
for the transfer of people or goods between the same or different
transportation modes.''.
(c) Exemption From General State Volume Caps.--Paragraph (3) of
section 146(g) of the Internal Revenue Code of 1986 (relating to
exception for certain bonds), as amended by section 2(c), is amended--
(1) by striking ``or (13)'' and inserting ``(13), or
(14)'', and
(2) by striking ``and qualified highway infrastructure
projects'' and inserting ``qualified highway infrastructure
projects, and intermodal transfer facilities''.
(d) Exemption From Limitation on Use for Land Acquisition.--Section
147(d)(3) of the Internal Revenue Code of 1986 (relating to exception
for certain land acquired for environmental purposes, etc.), as amended
by section 2(d), is amended by striking ``or qualified highway
infrastructure project'' both places it appears and inserting
``qualified highway infrastructure project, or intermodal transfer
facility''.
(e) Conforming Amendments.--Subsection (c) of section 142 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or (11)'' both places it appears in
paragraphs (1) and (2) and inserting ``, (11), or (14)'', and
(2) by striking ``and High-Speed Intercity Rail
Facilities'' in the heading thereof and inserting ``, High-
Speed Intercity Rail Facilities, and Intermodal Transfer
Facilities''.
(f) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act. | Multimodal Transportation Financing Act - Amends the Internal Revenue Code to: (1) provide for the treatment of qualified highway infrastructure project bonds as exempt facility bonds; (2) exclude mass commuting facilities from the definition of "private activity bond"; (3) modify the definition of high-speed intercity rail facilities; and (4) provide for the treatment of intermodal transfer facilities bonds as exempt facility bonds. |
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 ``Church Plan Clarification Act of
2012''.
SEC. 2. CHURCH PLAN CLARIFICATION.
(a) Application of Controlled Group Rules to Church Plans.--
(1) In general.--Section 414(c) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'', and
(B) by adding at the end the following new
paragraph:
``(2) Church plans.--
``(A) General rule.--Except as provided in
subparagraphs (B) and (C), for purposes of this
subsection and subsection (m), an organization that is
otherwise eligible to participate in a church plan as
defined in subsection (e) shall not be aggregated with
another such organization and treated as a single
employer with such other organization unless--
``(i) one such organization provides
directly or indirectly at least 80 percent of
the operating funds for the other organization
during the preceding tax year of the recipient
organization, and
``(ii) there is a degree of common
management or supervision between the
organizations.
For purposes of this subparagraph, a degree of common
management or supervision exists only if the
organization providing the operating funds is directly
involved in the day-to-day operations of the other
organization.
``(B) Nonqualified church-controlled
organizations.--Notwithstanding the provisions of
subparagraph (A), for purposes of this subsection and
subsection (m), an organization that is a nonqualified
church-controlled organization shall be aggregated with
one or more other nonqualified church-controlled
organizations, or with an organization that is not
exempt from tax under section 501, and treated as a
single employer with such other organizations, if at
least 80 percent of the directors or trustees of such
organizations are either representatives of, or
directly or indirectly controlled by, the first
organization. For purposes of this subparagraph, a
`nonqualified church controlled organization' shall
mean a church-controlled organization described in
section 501(c)(3) that is not a qualified church-
controlled organization described in section
3121(w)(3)(B).
``(C) Permissive aggregation among church-related
organizations.--Organizations described in subparagraph
(A) may elect to be treated as under common control for
purposes of this subsection. Such election shall be
made by the church or convention or association of
churches with which such organizations are associated
within the meaning of subsection (e)(3)(D), or by an
organization determined by such church or convention or
association of churches to be the appropriate
organization for making such election.
``(D) Permissive disaggregation of church-related
organizations.--For purposes of subparagraph (A), in
the case of a church plan (as defined in subsection
(e)), any employer may permissively disaggregate those
entities that are not churches (as defined in section
403(b)(12)(B)) separately from those entities that are
churches, even if such entities maintain separate
church plans.
``(E) Anti-abuse rule.--For purposes of
subparagraphs (A) and (B), the anti-abuse rule in
Treasury Regulation section 1.414(c)-5(f) shall
apply.''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning before, on, or after the
date of the enactment of this Act.
(b) Application of Contribution and Funding Limitations to 403(b)
Grandfathered Defined Benefit Plans.--
(1) In general.--Section 251(e)(5) of the Tax Equity and
Fiscal Responsibility Act of 1982 (Public Law 97-248), is
amended--
(A) by striking ``403(b)(2)'' and inserting
``403(b)'', and
(B) by inserting before the period at the end the
following: ``, and shall be subject to the applicable
limitations of section 415(b) of such Code as if it
were a defined benefit plan under section 401(a) of
such Code and not the limitations of section 415(c) of
such Code (relating to limitation for defined
contribution plans).''.
(2) Effective date.--The amendments made by this subsection
shall apply as if included in the enactment of the Tax Equity
and Fiscal Responsibility Act of 1982.
(c) Automatic Enrollment by Church Plans.--
(1) In general.--This subsection shall supersede any law of
a State which would directly or indirectly prohibit or restrict
the inclusion in any church plan (as defined in this
subsection) of an automatic contribution arrangement.
(2) Definition of automatic contribution arrangement.--For
purposes of this subsection, the term ``automatic contribution
arrangement'' means an arrangement--
(A) under which a participant may elect to have the
plan sponsor make payments as contributions under the
plan on behalf of the participant, or to the
participant directly in cash, and
(B) under which a participant is treated as having
elected to have the plan sponsor make such
contributions in an amount equal to a uniform
percentage of compensation provided under the plan
until the participant specifically elects not to have
such contributions made (or specifically elects to have
such contributions made at a different percentage).
(3) Notice requirements.--
(A) In general.--The plan administrator of an
automatic contribution arrangement shall, within a
reasonable period before such plan year, provide to
each participant to whom the arrangement applies for
such plan year notice of the participant's rights and
obligations under the arrangement which--
(i) is sufficiently accurate and
comprehensive to apprise the participant of
such rights and obligations, and
(ii) is written in a manner calculated to
be understood by the average participant to
whom the arrangement applies.
(B) Election requirements.--A notice shall not be
treated as meeting the requirements of subparagraph (A)
with respect to a participant unless--
(i) the notice includes an explanation of
the participant's right under the arrangement
not to have elective contributions made on the
participant's behalf (or to elect to have such
contributions made at a different percentage),
(ii) the participant has a reasonable
period of time, after receipt of the notice
described in clause (i) and before the first
elective contribution is made, to make such
election, and
(iii) the notice explains how contributions
made under the arrangement will be invested in
the absence of any investment election by the
participant.
(4) Effective date.--This subsection shall take effect on
the date of the enactment of this Act.
(d) Allow Certain Plan Transfers and Mergers.--
(1) In general.--Section 414 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(z) Certain Plan Transfers and Mergers.--
``(1) In general.--Under rules prescribed by the Secretary,
except as provided in paragraph (2), no amount shall be
includible in gross income by reason of--
``(A) a transfer of all or a portion of the account
balance of a participant or beneficiary, whether or not
vested, from a plan described in section 401(a) or an
annuity contract described in section 403(b), which is
a church plan described in subsection (e) to an annuity
contract described in section 403(b), if such plan and
annuity contract are both maintained by the same church
or convention or association of churches,
``(B) a transfer of all or a portion of the account
balance of a participant or beneficiary, whether or not
vested, from an annuity contract described in section
403(b) to a plan described in section 401(a) or an
annuity contract described in section 403(b), which is
a church plan described in subsection (e), if such plan
and annuity contract are both maintained by the same
church or convention or association of churches, or
``(C) a merger of a plan described in section
401(a), or an annuity contract described in section
403(b), which is a church plan described in subsection
(e) with an annuity contract described in section
403(b), if such plan and annuity contract are both
maintained by the same church or convention or
association of churches.
``(2) Limitation.--Paragraph (1) shall not apply to a
transfer or merger unless the participant's or beneficiary's
benefit immediately after the transfer or merger is equal to or
greater than the participant's or beneficiary's benefit
immediately before the transfer or merger.
``(3) Qualification.--A plan or annuity contract shall not
fail to be considered to be described in sections 401(a) or
403(b) merely because such plan or account engages in a
transfer or merger described in this subsection.
``(4) Definitions.--For purposes of this subsection:
``(A) Church.--The term `church' includes an
organization described in subparagraph (A) or (B)(ii)
of subsection (e)(3).
``(B) Annuity contract.--The term `annuity
contract' includes a custodial account described in
section 403(b)(7) and a retirement income account
described in section 403(b)(9).''.
(2) Effective date.--The amendment made by this subsection
shall apply to transfers or mergers occurring after the date of
the enactment of this Act.
(e) Investments by Church Plans in Collective Trusts.--
(1) In general.--In the case of--
(A) a church plan (as defined in section 414(e) of
the Internal Revenue Code of 1986), including a plan
described in section 401(a) of such Code and a
retirement income account described in section
403(b)(9) of such Code, and
(B) an organization described in section
414(e)(3)(A) of such Code the principal purpose or
function of which is the administration of such a plan
or account,
the assets of such plan, account, or organization (including
any assets otherwise permitted to be commingled for investment
purposes with the assets of such a plan, account, or
organization) may be invested in a group trust otherwise
described in Internal Revenue Service Revenue Ruling 81-100 (as
modified by Internal Revenue Service Revenue Rulings 2004-67
and 2011-1), or any subsequent revenue ruling that supersedes
or modifies such revenue ruling, without adversely affecting
the tax status of the group trust, such plan, account, or
organization, or any other plan or trust that invests in the
group trust.
(2) Effective date.--This subsection shall apply to
investments made after the date of the enactment of this Act. | Church Plan Clarification Act of 2012 - Amends the Internal Revenue Code to declare that an organization otherwise eligible to participate in a church plan shall not be aggregated with another such organization and treated as a single employer with it unless: (1) one organization provides directly or indirectly at least 80% of the operating funds for the other one during the recipient organization's preceding tax year, and (2) there is a degree of common management or supervision between the organizations.
Preempts any state law which would directly or indirectly prohibit or restrict the inclusion in any church plan of an automatic contribution arrangement.
Excludes from gross income amounts attributable to transfers of and mergers of church plans that are maintained by the same church or convention or association of churches.
Allows church plans and their supporting organizations to invest plan assets in a group trust (as defined by Internal Revenue Service Revenue Rulings). |
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 ``Educational Opportunities Act of
1999''.
TITLE I--HELP SCHOLARSHIPS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Helping Empower Low-Income Parents
(HELP) Scholarships Amendments of 1999''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) Congress strongly supports the efforts to expand
educational opportunities for low-income families.
(2) The HELP Scholarships and the education tax credit
proposed under this Act are designed to provide additional
learning opportunities and tools for individuals living in
economically-disadvantaged communities in a manner consistent
with the education flexibility initiatives already adopted by
Congress.
SEC. 103. DEFINITIONS.
Section 6003 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7303) is amended--
(1) in the section heading, by striking ``definition'' and
inserting ``definitions'';
(2) by striking ``(1)'', ``(2)'', and ``(3)'';
(3) in the matter proceeding subparagraph (A), by striking
``title the term'' and inserting the following: ``title--
``(1) the term'';
(4) by striking the period at the end; and
(5) by adding at the end the following:
``(2) the term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved; and
``(3) the term `voluntary public and private parental
choice program' means a program that meets the requirements of
section 6301(b)(10), is authorized by State law, and includes 1
or more private schools to allow low-income parents to choose
the appropriate school for their children.''.
SEC. 104. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
Subsection (a) of section 6102 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7312(a)) is amended to read as
follows:
``(a) Distribution Rule.--
``(1) State funds.--
``(A) In general.--Of the amount made available to
a State educational agency each fiscal year to carry
out this title, the agency may reserve for State
programs--
``(i) not more than 10 percent; or
``(ii) in the case of a State that has in
effect a law that establishes a voluntary
public and private parental choice program, not
more than 25 percent.
``(B) Limitation on use of certain reserved
amounts.--If a State educational agency reserves under
subparagraph (A) more than 10 percent of amounts made
available to the agency for a fiscal year, the agency
shall use amounts in excess of 10 percent of amounts so
made available only for voluntary public and private
parental choice programs.
``(2) Local funds.--A State educational agency shall
distribute amounts made available to the agency under this
title that are not reserved under paragraph (1) to local
educational agencies within such State that are located in an
area designated as an empowerment zone or an enterprise
community under section 1391 of the Internal Revenue Code of
1986.
SEC. 105. USES OF FUNDS.
(a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7331(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon; and
(2) by inserting after subparagraph (C) the following:
``(D) establishing voluntary public and private
parental choice programs in accordance with section
6301(b)(10); and''.
(b) Local Uses of Funds.--Section 6301(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7351) 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 inserting after paragraph (9) the following:
``(10) voluntary public and private parental choice
programs that--
``(A) are located in an area designated as an
empowerment zone or an enterprise community under
section 1391 of the Internal Revenue Code of 1986;
``(B) ensure that participation in such a voluntary
public and private parental choice program is limited
to families whose family income does not exceed 185
percent of the poverty line;
``(C) ensure that--
``(i) the maximum amount of a voluntary
public and private parental choice scholarship
does not exceed the per pupil expenditure of
the local educational agency in which an
applicant for a voluntary public and private
parental choice scholarship resides; and
``(ii) the minimum amount of a voluntary
public and private parental choice scholarship
is not less than 60 percent of the per pupil
expenditure of the local educational agency in
which an applicant for a voluntary public and
private parental choice scholarship resides or
the cost of tuition at a private school,
whichever is less;
``(D) ensure that for a private school, which may
include a religiously affiliated school, choosing to
participate in a voluntary public and private parental
choice program--
``(i) such a school is permitted to impose
the same academic requirements for all
students, including students selected for a
scholarship as provided under this paragraph;
``(ii) receipt of funds under this title is
not conditioned with requirements or
regulations that preclude the use of such funds
for sectarian educational purposes or require
removal of religious art, icons, scripture, or
other symbols; and
``(iii) such a school is in compliance with
all State requirements applicable to the
operation of a private school that are in
effect in the year preceding the date of the
enactment of the Helping Empower Low-income
Parents (HELP) Scholarships Amendments of 1997;
``(E) may allow State, local, and private funds to
be used for voluntary public and private parental
choice programs; and
``(F) ensure priority for students who were
enrolled in a public school in the school year
preceding the school year in which a voluntary public
and private parental choice school begins operation.''.
SEC. 106. EVALUATION.
Part D of title VI of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7371 et seq.) is amended--
(1) by adding at the end of section 6402 the following new
subsection:
``(j) Application.--This section shall not apply to funds that a
State or local educational agency uses to establish a voluntary public
and private parental choice program in accordance with section
6301(b)(10).''; and
(2) by adding at the end of such part the following new
sections:
``SEC. 6404. EVALUATION.
``(a) Annual Evaluation.--
``(1) Contract.--The Comptroller General of the United
States shall enter into a contract, with an evaluating agency
that has demonstrated experience in conducting evaluations, for
the conduct of an ongoing rigorous evaluation of the programs
established under section 6301(b)(10).
``(2) Annual evaluation requirement.--The contract
described in paragraph (1) shall require the evaluating agency
entering into such contract to evaluate annually each program
established under section 6301(b)(10) in accordance with the
evaluation criteria described in subsection (b) and each such
program that has applied for an education flexibility waiver
under section 6304.
``(3) Transmission.--The contract described in paragraph
(1) shall require the evaluating agency entering into such
contract to transmit to the Comptroller General of the United
States the findings of each annual evaluation under paragraph
(1).
``(b) Evaluation Criteria.--The Comptroller General of the United
States, in consultation with the Secretary, shall establish minimum
criteria for evaluating each program established under section
6301(b)(10). Such criteria shall provide for--
``(1) a description of the implementation of each program
established under section 6301(b)(10) and the program's effects
on all participants, schools, and communities in the program
area, with particular attention given to the effect of parent
participation in the life of the school and the level of
parental satisfaction with the program; and
``(2) a comparison of the educational achievement of all
students in the program area, including a comparison between--
``(A) students receiving a voluntary public and
private parental choice scholarships under section
6301(b)(10); and
``(B) students not receiving a voluntary public and
private parental choice scholarships under such
section.
``(c) Evaluation Funds.--Pursuant to the authority provided under
section 14701, the Secretary shall reserve not more than 0.50 percent
of the amount of funds made available under section 6002 to carry out
this section. To determine the amount necessary for evaluation
purposes, the Secretary shall consider the prospective scale and scope
of the evaluation, including the number of local educational agencies
conducting voluntary public and private choice programs.
``SEC. 6405. APPLICABILITY.
``(a) Not School Aid.--Subject to subsection (b), funds used under
this title to establish a voluntary public and private parental choice
program shall be considered assistance to the student and shall not be
considered as assistance to any school that chooses to participate in
such program.
``(b) No Federal Control.--The Secretary is not permitted to
exercise any direction, supervision, or control over curricula, program
of instruction, administration, or personnel of any school that chooses
to participate in a voluntary public and private choice program
established under 6309(b)(10).''.
TITLE II--EDUCATION TAX CREDIT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Children's Education Tax Credit
Act''.
SEC. 202. CREDIT FOR EDUCATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. EDUCATION EXPENSES.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year the amount of the qualified education expenses paid by the
taxpayer during the taxable year for the education of any individual
with respect to whom the taxpayer is allowed a deduction under section
151(c).
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for any taxable year with respect to the qualified education
expenses of any 1 individual shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means amounts paid for--
``(i) tuition and fees required for the
enrollment or attendance of a student at an
eligible zone educational institution, and
``(ii) fees, tutoring, books, supplies,
computer equipment (including related software
and services) and other equipment required for
courses of instruction at an eligible zone
educational institution.
``(B) Meals and lodging expenses not included.--
Such term does not include any amount paid, directly or
indirectly, for meals, lodging, or similar personal,
living, or family expenses. In the event an amount paid
for tuition or fees includes an amount for meals,
lodging, or similar expenses which is not separately
stated, the portion of such amount which is
attributable to meals, lodging, or similar expenses
shall be determined under regulations prescribed by the
Secretary.
``(C) Special rule for home schooling.--In the case
of education furnished in the home (as a substitute for
public education) which meets the requirements of State
law relating to compulsory school attendance, the term
`qualified education expenses' means amounts paid for
tutoring, books, supplies, computer equipment
(including related software and services), and other
equipment used in furnishing such education.
``(2) Eligible zone educational institution.--
``(A) In general.--The term `eligible zone
educational institution' means any school described in
subparagraph (B) which is located in an area designated
as an empowerment zone or an enterprise community under
section 1391.
``(B) Schools described.--A school described in
this subparagraph is any of the following:
``(i) A secondary school.
``(ii) An elementary school.
``(iii) Any private, parochial, religious,
or home school organized for the purpose of
providing elementary or secondary education, or
both.
``(3) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' have the respective
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965.
``(d) Adjustment for certain scholarships.--The amounts otherwise
taken into account under subsection (a) as qualified education expenses
of any individual during any period 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 qualified
scholarship which under section 117 is not includable in gross income.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or'' after ``1978,'' and
by inserting before the period ``, or enacted by the Children's
Education Tax Credit Act''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new items:
``Sec. 35. Education expenses.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | (Sec. 105) Includes such parental choice programs among State and local uses of title VI funds.
Requires such parental choice programs to be located in an empowerment zone or enterprise community.
(Sec. 106) Directs the Comptroller General to make contracts for annual evaluation of each parental choice program.
Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program.
Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program.
Title II: Education Tax Credit
- Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish a tax credit (of up to $1,000) for the qualified educational expenses (tuition, attendance fees, books, supplies, equipment, but excluding meals and lodging) paid by a taxpayer for the education at an eligible zone educational institution of each individual with respect to whom the taxpayer is allowed a deduction as a dependent.
(Sec. 202) Provides for: (1) the inclusion of certain home schooling expenses; and (2) adjustments for certain scholarships.
Defines "eligible zone educational institution" as a secondary school, an elementary school, or any private, parochial, religious, or home school that: (1) provides elementary or secondary education; and (2) is located in an empowerment zone or enterprise community. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEMA Reauthorization Act of 2017''.
SEC. 2. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.
Section 699 of the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295; 6 U.S.C. 811) is amended--
(1) by striking ``administration and operations'' each
place it appears and inserting ``management and
administration'';
(2) in paragraph (2), by striking ``; and'';
(3) in paragraph (3), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(4) for fiscal year 2018, $1,049,000,000;
``(5) for fiscal year 2019, $1,065,784,000; and
``(6) for fiscal year 2020, $1,082,836,544.''.
SEC. 3. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall begin, acting through
the National Advisory Council, a comprehensive study relating to
disaster costs and losses and Federal disaster assistance.
(b) Additional Membership.--For the purposes of the comprehensive
study required under subsection (a), as soon as practicable after the
date of enactment of this Act, the Administrator shall appoint the
following members to the National Advisory Council:
(1) Individuals who have the requisite technical knowledge
and expertise on issues related to disaster costs and losses.
(2) Representatives of the insurance industry.
(3) Experts in and representatives of the construction and
building industry.
(4) Individuals nominated by national organizations
representing State, local, and tribal governments and
personnel.
(5) Academic experts.
(6) Representatives of the private industry, such as
vendors, developers, and manufacturers of systems, facilities,
equipment, and capabilities for emergency management services.
(7) Other members, as the Administrator considers
appropriate.
(c) Consultation With Nonmembers.--For the purposes of the
comprehensive study required under subsection (a), the National
Advisory Council shall consult with other relevant agencies and
entities that are not represented on the National Advisory Council to
consider research, data, findings, recommendations, innovative
technologies and developments, including--
(1) entities engaged in federally funded research; and
(2) academic institutions engaged in relevant work and
research.
(d) Study Requirements.--Not later than 120 days after the date of
enactment of this Act, the National Advisory Council shall convene to
evaluate disaster costs and losses and Federal disaster assistance,
including consideration of the following:
(1) Trends and contributing factors.--An assessment of
trends, and factors contributing to such trends (such as
shifting demographics and aging infrastructure), in disaster
costs and losses and Federal disaster assistance, including the
following:
(A) Loss of life and injury.
(B) Property damage and other costs to individuals,
the private sector, and each level of government.
(C) Presidentially declared disasters.
(D) Disaster assistance available from all Federal
sources.
(2) Disaster roles and responsibility.--Fundamental
principles that drive national disaster assistance decision
making, including the appropriate roles for each level of
government, the private sector, and individuals.
(e) Recommendations.--The National Advisory Council shall develop
recommendations to reduce disaster costs and losses in the United
States and to more efficiently and effectively deliver Federal disaster
assistance, including consideration of the following:
(1) Actions to enhance national disaster assistance
decision making.
(2) Incentives, including tax incentives, to reduce
disaster costs and losses and promote a more efficient and
effective use of Federal disaster assistance.
(3) Mechanisms to promote disaster cost and loss reduction,
mitigation, and resiliency.
(4) Legislative proposals, including proposals for
implementing the recommendations in the report compiled
pursuant to the requirement in section 1111 of the Sandy
Recovery Improvement Act of 2013 (Public Law 113-2; 127 Stat.
49).
(5) Legal, societal, geographic, technological, and other
challenges to implementation of recommendations.
(6) Projected dollar savings and efficiencies, including
measures of effectiveness, from recommendations.
(f) Report to Administrator and Congress.--Not later than 1 year
after the National Advisory Council convenes under subsection (d), the
National Advisory Council shall submit a report containing the data,
analysis, and recommendations developed under subsections (d) and (e)
to--
(1) the Administrator;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate.
(g) Availability of Information.--The Administrator shall make the
data collected pursuant to this section publicly available on the
website of the Agency.
SEC. 4. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Section 1204 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1102) is amended--
(1) in subsection (d) by striking paragraphs (1) and (2)
and inserting the following:
``(1) for the Center for Domestic Preparedness--
``(A) $63,939,000 for fiscal year 2018;
``(B) $64,962,024 for fiscal year 2019; and
``(C) $66,001,416 for fiscal year 2020; and
``(2) for the members referred to in paragraphs (2) through
(7) of subsection (b)--
``(A) $101,000,000 for fiscal year 2018;
``(B) $102,606,000 for fiscal year 2019; and
``(C) $104,247,856 for fiscal year 2020.''; and
(2) in subsection (e) in the matter preceding paragraph
(1), by striking ``2007'' and inserting ``2015''.
SEC. 5. NATIONAL PREPARATION AND RESPONSE EFFORTS RELATING TO
EARTHQUAKES AND TSUNAMIS.
The Administrator of the Federal Emergency Management Agency shall
be responsible for the Nation's efforts to reduce the loss of life and
property, and to protect the Nation, from an earthquake, tsunami, or
combined earthquake and tsunami event by developing the ability to
prepare and plan for, mitigate against, respond to, recover from, and
more successfully adapt to such an event.
SEC. 6. AUTHORITIES.
Notwithstanding any other provision of law, the non-federally
funded actions of private parties, State, local, or Tribal governments,
on State, local, Tribal, and private land, and the effects of those
actions, shall not be attributed to the Federal Emergency Management
Agency's actions under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (subtitle A of title II of division F of Public Law 112-141; 126
Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014
(Public Law 113-89; 128 Stat. 1020) for the purposes of section 7 (16
U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered Species
Act. Actions taken under the National Flood Insurance Act of 1968, the
Flood Disaster Protection Act of 1973, the Biggert Waters Flood
Insurance Reform Act of 2012, and the Homeowner Flood Insurance
Affordability Act of 2014, that may influence private actions do not
create a Federal nexus for the purpose of applying the requirements of
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
SEC. 7. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT.
(a) Homeland Security Act of 2002.--Title V of the Homeland
Security Act of 2002 (6 U.S.C. 501 et seq.) is amended--
(1) in section 501(8) (6 U.S.C. 311(8))--
(A) by striking ``National Response Plan'' each
place it appears and inserting ``National Response
Framework''; and
(B) by striking ``502(a)(6)'' and inserting
``504(a)(6)'';
(2) in section 503(b)(2)(A) (6 U.S.C. 313) by inserting
``and incidents impacting critical infrastructure'' before the
semicolon;
(3) in section 504(a) (6 U.S.C. 314(a))--
(A) in paragraph (3) by striking ``, including--''
and inserting ``(that includes incidents impacting
critical infrastructure), including--'';
(B) in paragraph (4) by inserting ``, including
incidents impacting critical infrastructure'' before
the semicolon;
(C) in paragraph (5) by striking ``and local'' and
inserting ``local, and tribal'';
(D) in paragraph (6) by striking ``national
response plan'' and inserting ``national response
framework, which shall be reviewed and updated as
required but not less than every 5 years'';
(E) by redesignating paragraphs (7) through (21) as
paragraphs (8) through (22), respectively;
(F) by inserting after paragraph (6) the following:
``(7) developing integrated frameworks, to include
consolidating existing Government plans addressing prevention,
protection, mitigation, and recovery with such frameworks
reviewed and updated as required, but not less than every 5
years;''; and
(G) in paragraph (14), as redesignated, by striking
``National Response Plan'' each place it appears and
inserting ``National Response Framework'';
(4) in section 507 (6 U.S.C. 317)--
(A) in subsection (c)--
(i) in paragraph (2)(E), by striking
``National Response Plan'' and inserting
``National Response Framework''; and
(ii) in paragraph (3)(A), by striking
``National Response Plan'' and inserting
``National Response Framework''; and
(B) in subsection (f)(1)(G), by striking ``National
Response Plan'' and inserting ``National Response
Framework'';
(5) in section 508 (6 U.S.C. 318)--
(A) in subsection (b)(1), by striking ``National
Response Plan'' and inserting ``National Response
Framework''; and
(B) in subsection (d)(2)(A), by striking ``The
Deputy Administrator, Protection and National
Preparedness'' and inserting ``A Deputy
Administrator'';
(6) in section 509 (6 U.S.C. 319)--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``National Response
Plan'' and inserting ``National
Response Framework, National Protection
Framework, National Prevention
Framework, National Mitigation
Framework, National Recovery
Framework'';
(II) by striking ``successor'' and
inserting ``successors''; and
(III) by striking ``plan'' at the
end of that paragraph and inserting
``framework''; and
(ii) in paragraph (2), by striking
``National Response Plan'' each place it
appears and inserting ``National Response
Framework''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``National response
plan'' in the header and inserting
``National response framework''; and
(II) by striking ``National
Response Plan'' in the text and
inserting ``National Response
Framework''; and
(ii) in subparagraph (B), by striking
``National Response Plan'' and inserting
``National Response Framework'';
(7) in section 510 (6 U.S.C. 320)--
(A) in subsection (a), by striking ``enter into a
memorandum of understanding'' and inserting
``partner'';
(B) in subsection (b)(1)(A), by striking ``National
Response Plan'' and inserting ``National Response
Framework''; and
(C) in subsection (c), by striking ``National
Response Plan'' and inserting ``National Response
Framework'';
(8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking
``and local'' each place it appears and inserting ``, local,
and tribal'';
(9) by striking section 524 (6 U.S.C. 321m); and
(10) in section 525(a) (6 U.S.C. 321n), by striking
``Secretary'' and inserting ``Administrator''.
(b) Post-Katrina Emergency Management Reform Act of 2006.--
(1) Citation correction.--Section 602(13) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
701(13)) is amended by striking ``502(a)(6)'' and inserting
``504(a)(6)''.
(2) Change of reference.--Chapter 1 of subtitle C of title
VI of the Post-Katrina Emergency Management Reform Act of 2006
(Public Law 109-295) is amended by striking ``National Response
Plan'' each place it appears and inserting ``National Response
Framework''. | FEMA Reauthorization Act of 2017 (Sec. 2) This bill amends the Post-Katrina Emergency Management Reform Act of 2006 to reauthorize the Federal Emergency Management Agency (FEMA) through FY2020. (Sec. 3) The National Advisory Council shall: (1) begin a comprehensive study relating to disaster costs and losses and federal disaster assistance within 30 days of this bill's enactment; and (2) convene to evaluate disaster costs and losses and federal disaster assistance within 120 days of enactment, including consideration of trends and contributing factors, and disaster roles and responsibility. The council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver federal disaster assistance. (Sec. 4) The bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Center for Domestic Preparedness and the other members of the National Domestic Preparedness Consortium. (Sec. 5) FEMA shall be responsible for the nation's efforts to reduce the loss of life and property, and to protect the nation, from an earthquake, tsunami, or combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event. (Sec. 6) The non-federally funded actions of private parties or state, local, or tribal governments on state, local, tribal, and private land, and the effects of those actions, shall not be attributed to FEMA's actions under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the Biggert-Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014 for purposes of the Endangered Species Act. Such actions that may influence private actions do not create a federal nexus for the purpose of applying the requirements of such Act. (Sec. 7) The bill makes technical amendments to the Homeland Security Act of 2002 and the Post-Katrina Emergency Management Reform Act of 2006. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. MAKING IT ILLEGAL TO OPERATE A MOTOR VEHICLE WITH A DRUG OR
ALCOHOL IN THE BODY OF THE DRIVER AT LAND BORDER PORTS OF
ENTRY.
Section 13(a) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Whoever with a drug or alcohol in his or her body operates a
motor vehicle at a land border port of entry in a manner that is
punishable, because of the presence of the drug or alcohol, if
committed within the jurisdiction of the State in which that land
border port of entry is located (under the laws of that State in force
at the time of the act) shall be guilty of a like offense and subject
to a like punishment.
``(3) Any individual who operates a motor vehicle at a land border
port of entry is deemed to have given consent to submit to a chemical
or other test of the blood, breath, or urine of the driver by an
officer or employee of the Immigration and Naturalization Service
authorized under section 287(h) of the Immigration and Nationality Act
(8 U.S.C. 1357(h)) for the purpose of determining the presence or
concentration of a drug or alcohol in such blood, breath, or urine.
``(4) If an individual refuses to submit to such a test after being
advised by the officer or employee that the refusal will result in
notification under this paragraph, the Attorney General shall give
notice of the refusal to--
``(A) the State or foreign state that issued the license
permitting the individual to operate a motor vehicle; or
``(B) if the individual has no such license, the State or
foreign state in which the individual is a resident.
``(5) The Attorney General shall give notice of a conviction of an
individual under this section for operation of a motor vehicle at a
land border port of entry with a drug or alcohol in the body of the
individual, to--
``(A) the State or foreign state that issued the license
permitting the individual to operate a motor vehicle; or
``(B) if the individual has no such license, the State or
foreign state in which the individual is a resident.
``(6) For purposes of this subsection, the term `land border port
of entry' means any land border port of entry (as defined in section
287(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1357(h)(3)))
that was not reserved or acquired as provided in section 7 of this
title.''.
SEC. 2. AUTHORIZING OFFICERS AND EMPLOYEES OF THE IMMIGRATION AND
NATURALIZATION SERVICE TO CONDUCT TESTS FOR A DRUG OR
ALCOHOL.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357)
is amended by adding at the end the following:
``(h)(1) If an officer or employee of the Service authorized under
regulations prescribed by the Attorney General is inspecting a driver
at a land border port of entry and has reasonable grounds to believe
that, because of alcohol in the body of the driver, operation of a
motor vehicle by the driver is an offense under section 13 of title 18,
United States Code, the officer or employee may require the driver to
submit to a test of the breath of the driver to determine the presence
or concentration of the alcohol.
``(2) If an officer or employee of the Service authorized under
regulations prescribed by the Attorney General arrests a driver under
this section for operation of a motor vehicle in violation of section
13 of title 18, United States Code, because of a drug or alcohol in the
body of the driver, the officer or employee may require the driver to
submit to a chemical or other test to determine the presence or
concentration of the drug or alcohol in the blood, breath, or urine of
the driver.
``(3) For purposes of this subsection:
``(A) The term `driver' means an individual who is
operating a motor vehicle at a land border port of entry.
``(B) The term `land border port of entry' means any
immigration checkpoint operated by the Immigration and
Naturalization Service at a land border between a State (as
that term is used in section 13 of title 18, United States
Code) and a foreign state.''.
SEC. 3. REQUIRING NOTICE AT LAND BORDER PORTS OF ENTRY REGARDING
OPERATION OF A MOTOR VEHICLE AND DRUGS AND ALCOHOL.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 294 (8 U.S.C. 1363a) the following:
``notice at land border ports of entry regarding operation of a motor
vehicle and drugs and alcohol
``Sec. 295. At each point where motor vehicles regularly enter a
land border port of entry (as defined in section 287(h)(3)), the
Attorney General shall post a notice that operation of a motor vehicle
with a drug or alcohol in the body of the driver at a land border port
of entry is an offense under Federal law.''.
(b) Clerical Amendment.--The first section of the Immigration and
Nationality Act is amended in the table of contents by inserting after
the item relating to section 294 the following:
``Sec. 295. Notice at land border ports of entry regarding operation of
a motor vehicle and drugs and alcohol.''.
SEC. 4. IMPOUNDMENT OF VEHICLE FOR REFUSAL TO SUBMIT TO TEST FOR DRUG
OR ALCOHOL.
Not more than 180 days after the date of the enactment of this Act,
the Attorney General shall issue regulations authorizing an officer or
employee of the Immigration and Naturalization Service to impound a
vehicle, if the individual who operates the vehicle refuses to submit
to a chemical or other test under section 13(a)(3) of title 18, United
States Code.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act. | (Sec. 2) Amends the Immigration and Nationality Act (INA) to authorize an INS officer who: (1) inspects a driver at a land border port of entry and who has reasonable grounds to believe that the driver may be operating a motor vehicle in violation of State laws to require the driver to submit to a breath test to determine the presence or concentration of the alcohol; and (2) arrests a driver for such prohibited operation of a motor vehicle to require the driver to submit to a drug or alcohol test.
(Sec. 3) Amends the INA to require the Attorney General, at each point where motor vehicles regularly enter a land border port of entry, to post a notice that operation of a motor vehicle with a drug or alcohol in the driver's body at a land border port of entry is an offense under Federal law.
(Sec. 4) Directs the Attorney General to issue regulations authorizing an INS officer to impound a vehicle if the individual who operates it refuses to submit to such a test. |
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 ``Law Enforcement Officers Safety Act
Improvements Act of 2009''.
SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF
TITLE 18.
(a) Carrying of Concealed Firearm by Qualified Law Enforcement
Officer.--Section 926B of title 18, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``(or
apprehension)'' after ``arrest''; and
(B) in paragraph (3), by inserting ``which could
result in suspension or loss of police powers'' before
the semicolon;
(2) by striking subsection (e) and inserting the following:
``(e) As used in this section, the term `firearm' has the same
meaning as defined in section 921 of this title and is deemed to
include ammunition the possession of which is not expressly prohibited
by Federal law, or which are not subject to the provisions of the
National Firearms Act, but does not include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of
this title); or
``(3) any destructive device (as defined in section 921 of
this title).''; and
(3) by adding at the end the following:
``(f) For purposes of this section, a law enforcement officer of
the Amtrak Police Department, a law enforcement officer of the Federal
Reserve System, and a law enforcement or police officer of the
executive branch of the Federal Government qualifies as an employee of
a governmental agency who is authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution of,
or the incarceration of any person for, any violation of law, and has
statutory powers of arrest (or apprehension).''.
(b) Carrying of Concealed Firearm by Qualified Retired Law
Enforcement Officer.--Section 926C of title 18, United States Code, is
amended--
(1) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) separated from service in good standing, or was
honorably discharged from service, with a public agency as a
law enforcement officer;''.
(B) in paragraph (2)--
(i) by striking ``retirement'' and
inserting ``separation''; and
(ii) by inserting ``or apprehension'' after
``arrest''; and
(C) by striking paragraphs (3) through (5) and
inserting the following:
``(3)(A) before such separation, served as a law
enforcement officer for an aggregate of 10 years or more; or
``(B) separated from service with the agency, after
completing any applicable probationary period of such service,
due to a service-connected disability, as determined by the
agency;
``(4) during the most recent 12-month period, has met, at
the expense of the individual, the standards for qualification
in firearms training for active law enforcement officers as set
by the agency, the State in which the officer resides, or if
the State has not established the standards, a law enforcement
agency in the State in which the officer resides;
``(5)(A) has not been found by a physician, licensed as
such under State law, to not be qualified to handle a firearm
for reasons related to mental health; and
``(B) has not entered into an agreement with the agency, in
which the officer acknowledges he is not qualified to handle a
firearm for reasons related to mental health;'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``retired'' and inserting
``separated''; and
(ii) by striking ``to meet the standards
established by the agency for training and
qualification for active law enforcement
officers to carry a firearm of the same type as
the concealed firearm; or'' and inserting ``to
meet the active duty standards for
qualification in firearms training as
established by the agency to carry a firearm of
the same type as the concealed firearm or'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``retired'' and inserting ``separated''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) a certification issued by the State in which
the individual resides, or by a certified firearms
instructor that is qualified to conduct a firearms
qualification test for active duty officers in the
State, which indicates that the individual has, not
less recently than 1 year before the date the
individual is carrying the concealed firearm, been
tested or otherwise found by the State or the certified
firearms instructor to have met--
``(i) the active duty standards for
qualification in firearms training as
established by the State to carry a firearm of
the same type as the concealed firearm; or
``(ii) if the State has not established
such standards, standards set by a law
enforcement agency in the State to carry a
firearm of the same type as the concealed
firearm.''.
(3) by striking subsection (e) and inserting the following:
``(e) As used in this section, the term `firearm' has the same
meaning as defined in section 921 of this title and is deemed to
include ammunition the possession of which is not expressly prohibited
by Federal law, or which are not subject to the provisions of the
National Firearms Act, but does not include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of
this title); or
``(3) any destructive device (as defined in section 921 of
this title).''; and
(4) by adding at the end the following:
``(f) In this section, the term `service with a public agency as a
law enforcement officer' includes service as a law enforcement officer
of the Amtrak Police Department, service as a law enforcement officer
of the Federal Reserve System, service as a law enforcement officer or
in a primarily law enforcement capacity for a branch of the United
States Armed Forces, or as a law enforcement or police officer of the
executive branch of the Federal Government.''.
(c) Possession of Firearm in a School Zone by Qualified Law
Enforcement Officer or Qualified Retired Law Enforcement Officer.--
Section 922(q)(2)(B)(vi) of such title is amended by inserting ``, a
qualified law enforcement officer (as defined in section 926B(c)), or a
qualified retired law enforcement officer (as defined in section
926C(c))'' before the semicolon. | Law Enforcement Officers Safety Act Improvements Act of 2009 - Amends the federal criminal code to: (1) expand the definition of "law enforcement officers," for purposes of provisions authorizing such officers to carry concealed weapons, to include current and retired law enforcement officers of the Amtrak Police Department, the Federal Reserve System, the executive branch, and the Armed Forces; (2) allow law enforcement officers who are retired or who separated in good standing after at least ten years of service to carry a concealed weapon; and (3) expand the categories of law enforcement officers authorized to possess a fireman in a school zone to include retired law enforcement officers. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Kickbacks in Recovery
Act of 2018''.
SEC. 2. CRIMINAL PENALTIES.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 219 the following:
``Sec. 220. Illegal remunerations for referrals to recovery homes,
clinical treatment facilities, and laboratories
``(a) Offense.--Except as provided in subsection (b), whoever, with
respect to services covered by a health care benefit program, in or
affecting interstate or foreign commerce, knowingly and willfully--
``(1) solicits or receives any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in-kind, in return for referring a patient
or patronage to a recovery home, clinical treatment facility,
or laboratory; or
``(2) pays or offers any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in-kind--
``(A) to induce a referral of an individual to a
recovery home, clinical treatment facility, or
laboratory; or
``(B) in exchange for an individual using the
services of that recovery home, clinical treatment
facility, or laboratory,
shall be fined not more than $200,000, imprisoned not more than 10
years, or both, for each occurrence.
``(b) Applicability.--Subsection (a) shall not apply to--
``(1) a discount or other reduction in price obtained by a
provider of services or other entity under a health care
benefit program if the reduction in price is properly disclosed
and appropriately reflected in the costs claimed or charges
made by the provider or entity;
``(2) a payment made by an employer to an employee or
independent contract (who has a bona fide employment or
contractual relationship with such employer) for employment, if
the employee's payment is not determined by or does not vary
by--
``(A) the number of individuals referred to a
particular recovery home, clinical treatment facility,
or laboratory;
``(B) the number of tests or procedures performed;
or
``(C) the amount billed to or received from, in
part or in whole, the health care benefit program from
the individuals referred to a particular recovery home,
clinical treatment facility, or laboratory;
``(3) a discount in the price of an applicable drug of a
manufacturer that is furnished to an applicable beneficiary
under the Medicare coverage gap discount program under section
1860D-14A(g) of the Social Security Act (42 U.S.C. 1395w-
114a(g));
``(4) a payment made by a principal to an agent as
compensation for the services of the agent under a personal
services and management contract that meets the requirements of
section 1001.952(d) of title 42, Code of Federal Regulations,
as in effect on the date of enactment of this section;
``(5) a waiver or discount (as defined in section
1001.952(h)(5) of title 42, Code of Federal Regulations, or any
successor regulation) of any coinsurance or copayment by a
health care benefit program if--
``(A) the waiver or discount is not routinely
provided; and
``(B) the waiver or discount is provided in good
faith;
``(6) a remuneration described in section 1128B(b)(3)(I) of
the Social Security Act (42 U.S.C. 1320a-7b(b)(3)(I));
``(7) a remuneration made pursuant to an alternative
payment model (as defined in section 1833(z)(3)(C) of the
Social Security Act) or pursuant to a payment arrangement used
by a State, health insurance issuer, or group health plan if
the Secretary of Health and Human Services has determined that
such arrangement is necessary for care coordination or value-
based care; or
``(8) any other payment, remuneration, discount, or
reduction as determined by the Attorney General, in
consultation with the Secretary of Health and Human Services,
by regulation.
``(c) Rule of Construction.--Neither actual knowledge of this
section nor specific intent to commit a violation of this section shall
be an element of an offense under this section.
``(d) Regulations.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may promulgate regulations to
clarify the exceptions described in subsection (b).
``(e) Definitions.--In this section--
``(1) the terms `applicable beneficiary' and `applicable
drug' have the meanings given those terms in section 1860D-
14A(g) of the Social Security Act (42 U.S.C. 1395w-114a(g));
``(2) the term `clinical treatment facility' means a
medical setting, other than a hospital, that provides
detoxification, risk reduction, outpatient treatment and care,
residential treatment, or rehabilitation for substance use,
pursuant to licensure or certification under State law;
``(3) the term `health care benefit program' has the
meaning given the term in section 24(b);
``(4) the term `laboratory' has the meaning given the term
in section 353 of the Public Health Service Act (42 U.S.C.
263a); and
``(5) the term `recovery home' means a shared living
environment that is, or purports to be, free from alcohol and
illicit drug use and centered on peer support and connection to
services that promote sustained recovery from substance use
disorders.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by inserting after the item
related to section 219 the following:
``220. Illegal remunerations for referrals to recovery homes, clinical
treatment facilities, and laboratories.''. | Eliminating Kickbacks in Recovery Act of 2018 This bill amends the federal criminal code make it a crime to knowingly and willfully solicit, receive, pay, or offer payment for referrals to a recovery home, clinical treatment facility, or laboratory, subject to limitations. A violator is subject to criminal penalties—a fine, a prison term of up to 10 years, or both. |
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 ``South Utah Valley Electric
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the South Utah
Valley Electric Service District, organized under the laws of
the State of Utah.
(2) Electric distribution system.--The term ``Electric
Distribution System'' means fixtures, irrigation, or power
facilities lands, distribution fixture lands, and shared power
poles.
(3) Fixtures.--The term ``fixtures'' means all power poles,
cross-members, wires, insulators and associated fixtures,
including substations, that--
(A) comprise those portions of the Strawberry
Valley Project power distribution system that are rated
at a voltage of 12.5 kilovolts and were constructed
with Strawberry Valley Project revenues; and
(B) any such fixtures that are located on Federal
lands and interests in lands.
(4) Irrigation or power facilities lands.--The term
``irrigation or power facilities lands'' means all Federal
lands and interests in lands where the fixtures are located on
the date of the enactment of this Act and which are encumbered
by other Strawberry Valley Project irrigation or power
features, including lands underlying the Strawberry Substation.
(5) Distribution fixture lands.--The term ``distribution
fixture lands'' means all Federal lands and interests in lands
where the fixtures are located on the date of the enactment of
this Act and which are unencumbered by other Strawberry Valley
Project features, to a maximum corridor width of 30 feet on
each side of the centerline of the fixtures' power lines as
those lines exist on the date of the enactment of this Act.
(6) Shared power poles.--The term ``shared power poles''
means poles that comprise those portions of the Strawberry
Valley Project Power Transmission System, that are rated at a
voltage of 46.0-kilovolts, are owned by the United States, and
support fixtures.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM.
(a) In General.--Inasmuch as the Strawberry Water Users Association
conveyed its interest, if any, in the Electric Distribution System to
the District by a contract dated April 7, 1986, and in consideration of
the District assuming from the United States all liability for
administration, operation, maintenance, and replacement of the Electric
Distribution System, the Secretary shall, pursuant to the provisions of
this Act convey and assign to the District without charge or further
consideration--
(1) all of the United States right, title, and interest in
and to--
(A) all fixtures owned by the United States as part
of the Electric Distribution System; and
(B) the distribution fixture land;
(2) license for use in perpetuity of the shared power poles
to continue to own, operate, maintain, and replace Electric
Distribution Fixtures attached to the shared power poles; and
(3) licenses for use and for access in perpetuity for
purposes of operation, maintenance, and replacement across,
over, and along--
(A) all project lands and interests in irrigation
and power facilities lands where the Electric
Distribution System is located on the date of the
enactment of this Act that are necessary for other
Strawberry Valley Project facilities (the ownership of
such underlying lands or interests in lands shall
remain with the United States), including lands
underlying the Strawberry Substation; and
(B) such corridors where Federal lands and
interests in lands--
(i) are abutting public streets and roads;
and
(ii) can provide access that will
facilitate operation, maintenance, and
replacement of facilities.
(b) Compliance With Environmental Laws.--
(1) In general.--Before conveying lands, interest in lands,
and fixtures under subsection (a), the Secretary shall comply
with all applicable requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the land and
facilities.
(2) Effect.--Nothing in this Act modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 4. EFFECT OF CONVEYANCE.
On conveyance of any land or facility under section 3(a)(1)--
(1) the conveyed and assigned land and facilities shall no
longer be part of a Federal reclamation project;
(2) the District shall not be entitled to receive any
future Bureau or Reclamation benefits with respect to the
conveyed and assigned land and facilities, except for benefits
that would be available to other non-Bureau of Reclamation
facilities; and
(3) the United States shall not be liable for damages
arising out of any act, omission, or occurrence relating to the
land and facilities, but shall continue to be liable for
damages caused by acts of negligence committed by the United
States or by any employee or agent of the United States before
the date of conveyance, consistent with chapter 171 of title
28, United States Code.
SEC. 5. REPORT.
If a conveyance required under section 3 is not completed by the
date that is 24 months after the date of enactment of this Act, the
Secretary shall submit to Congress a report that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance. | South Utah Valley Electric Conveyance Act - Requires the Secretary of the Interior, insofar as the Strawberry Water Users Association conveyed its interest in an electric distribution system to the South Utah Valley Electric Service District, to convey and assign to the District: (1) all interest of the United States in all fixtures owned by the United States as part of the electric distribution system and the federal lands and interests where the fixtures are located; (2) license for use in perpetuity of the shared power poles; and (3) licenses for use and access in perpetuity to specified project lands and interests and corridors where federal lands and interests are abutting public streets and roads and can provide access to facilities.
Requires the District to assume all liability from the United States for the administration, operation, maintenance, and replacement of such electric distribution system. |
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 Physical Fitness and Sports
Foundation Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--There is established the National Physical
Fitness and Sports Foundation (hereinafter in this Act referred to as
the ``Foundation''). The Foundation shall be a charitable and not for
profit corporation and shall not be an agency or establishment of the
United States. The Foundation shall be established as an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986 and
shall be presumed, for purposes of such Code, to be such an
organization until the Secretary of the Treasury determines that the
Foundation does not meet the requirements applicable to such an
organization. Section 508(a) of such Code does not apply to the
Foundation.
(b) Purposes.--It is the purpose of the Foundation to--
(1) in conjunction with the President's Council on Physical
Fitness and Sports, develop a list and description of programs,
events and other activities which would further the goals
outlined in Executive Order 12345 and with respect to which
combined private and governmental efforts would be beneficial;
and
(2) encourage and promote the participation by private
organizations in the activities referred to in subsection
(b)(1) and to encourage and promote private gifts of money and
other property to support those activities.
(c) Disposition of Money and Property.--At least annually the
Foundation shall transfer, after the deduction of the administrative
expenses of the Foundation, the balance of any contributions received
for the activities referred to in subsection (b), to the Public Health
Service Gift Fund pursuant to section 231 of the Public Health Service
Act (42 U.S.C. 238) for expenditure pursuant to the provisions of that
section and consistent with the purposes for which the funds were
donated.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors (hereinafter referred to in this Act as the
``Board''), which shall consist of nine Directors, to be
appointed not later than 90 days after the date of enactment of
this Act, each of whom shall be a United States citizen and--
(A) three of whom must be knowledgeable or
experienced in one or more fields directly connected
with physical fitness, sports or the relationship
between health status and physical exercise; and
(B) six of whom must be leaders in the private
sector with a strong interest in physical fitness,
sports or the relationship between health status and
physical exercise (one of which shall be a
representative of the United States Olympic Committee).
The membership of the Board, to the extent practicable, shall
represent diverse professional specialties relating to the
achievement of physical fitness through regular participation
in programs of exercise, sports and similar activities.
(2) Ex officio members.--The Assistant Secretary for
Health, the Executive Director of the President's Council on
Physical Fitness and Sports, the Director for the National
Center for Chronic Disease Prevention and Health Promotion, the
Director of the National Heart, Lung, and Blood Institute and
the Director for the Centers for Disease Control and Prevention
shall serve as ex officio, nonvoting members of the Board.
(3) Not federal employment.--Appointment to the Board or
serving as a member of the staff of the Board shall not
constitute employment by, or the holding of an office of, the
United States for the purposes of any Federal employment or
other law.
(b) Appointment and Terms.--
(1) Appointment.--Of the members of the Board appointed
under subsection (a)(1), three shall be appointed by the
Secretary of Health and Human Services (hereinafter referred to
in this Act as the ``Secretary''), two shall be appointed by
the Majority Leader of the Senate, one shall be appointed by
the Minority Leader of the Senate, two shall be appointed by
the Speaker of the House of representatives, and one shall be
appointed by the Minority Leader of the House of
Representatives. The three members appointed by the Secretary
shall include the representative of the United States Olympic
Committee.
(2) Terms.--Members appointed to the Board under subsection
(a)(1) shall serve for a term of 6 years. A vacancy on the
Board shall be filled within 60 days of the date on which such
vacancy occurred in the manner in which the original
appointment was made. A member appointed to fill a vacancy
shall serve for the balance of the term of the individual who
was replaced. No individual may serve more than two consecutive
terms as a Director.
(c) Chairperson.--A Chairperson shall be elected by the Board from
among its members and serve for a 2-year term. The Chairperson shall
not be limited in terms or service. The Chairman of the President's
Council on Physical Fitness shall serve as Chairperson until a
Chairperson is elected by the Board.
(d) Quorum.--A majority of the sitting members of the Board shall
constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairperson,
but in no event less than once each year. If a Director misses three
consecutive regularly scheduled meetings, that individual may be
removed from the Board and the vacancy filled in accordance with
subsection (b)(2).
(f) Reimbursement of Expenses.--The members of the Board shall
serve without pay. The members of the Board 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 Board.
(g) General Powers.--
(1) Organization.--The Board may complete the organization
of the Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent
with the purposes of the Foundation and the provision
of this Act; and
(C) undertaking such other acts as may be necessary
to carry out the provisions of this Act.
In establishing bylaws under this paragraph, the Board shall
provide for policies with regard to financial conflicts of
interest and ethical standards for the acceptance, solicitation
and disposition of donations and grants to the Foundation.
(2) Limitations on officers and employees.--The following
limitations apply with respect to the appointment of officers
and employees of the Foundation:
(A) Officers and employees may not be appointed
until the Foundation has sufficient funds to compensate
such individuals for their service. No individual so
appointed may receive pay in excess of the annual rate
of basic pay in effect for Executive Level V in the
Federal service.
(B) The first officer or employee appointed by the
Board shall be the secretary of the Board who--
(i) shall serve, at the direction of the
Board, as its chief operating officer; and
(ii) shall be knowledgeable and experienced
in matters relating to physical fitness and
sports.
(C) No Public Health Service employee nor the
spouse or dependent relative of such an employee may
serve as an officer or member of the Board of Directors
or as an employee of the Foundation.
(D) Any individual who is an officer, employee, or
member of the Board of the Foundation may not (in
accordance with the policies developed under paragraph
(1)(B)) personally or substantially participate in the
consideration or determination by the Foundation of any
matter that would directly or predictably affect any
financial interest of the individual or a relative (as
such term is defined in section 109(16) of the Ethics
in Government Act of 1978) of the individual, of any
business organization or other entity, or of which the
individual is an officer or employee, or is negotiating
for employment, or in which the individual has any
other financial interest.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall locate its principal offices in or near the
District of Columbia; and
(4) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address of such
agent, shall be deemed as service upon or notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(c) Powers.--To carry out the purposes under section 2, the
Foundation shall have the usual powers of a corporation acting as a
trustee in the District of Columbia, including the power--
(1) except as otherwise provided herein, to accept,
receive, solicit, hold, administer and use any gift, devise, or
bequest, either absolutely or in trust, of real or personal
property or any income therefrom or other interest therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain or
otherwise dispose of any property or income therefrom;
(4) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except for gross
negligence;
(5) to enter into contracts or other arrangements with
public agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
functions; and
(6) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
For purposes of this Act, an interest in real property shall be treated
as including, among other things, easements or other rights for
preservation, conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific, educational,
inspirational or recreational resources. A gift, devise, or bequest may
be accepted by the Foundation even though it is encumbered, restricted
or subject to beneficial interests of private persons if any current or
future interest therein is for the benefit of the Foundation.
SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.
(a) Protection.--Without the consent of the Foundation, in
conjunction with the President's Council on Physical Fitness and
Sports, any person who uses for the purpose of trade, to induce the
sale of any goods or services, or to promote any theatrical exhibition,
athletic performance or competition--
(1) the official seal of the President's Council on
Physical Fitness and Sports consisting of the eagle holding an
olive branch and arrows with shield breast encircled by name
``President's Council on Physical Fitness and Sports'';
(2) the official seal of the Foundation;
(3) any trademark, trade name, sign, symbol or insignia
falsely representing association with or authorization by the
President's Council on Physical Fitness and Sports or the
Foundation;
shall be subject in a civil action by the Foundation for the remedies
provided for in the Act of July 9, 1946 (60 Stat. 427; commonly known
as the Trademark Act of 1946).
(b) Uses.--The Foundation, in conjunction with the President's
Council on Physical Fitness and Sports, may authorize contributors and
suppliers of goods or services to use the trade name of the President's
Council on Physical Fitness and Sports and the Foundation, as well as
any trademark, seal, symbol, insignia, or emblem of the President's
Council on Physical Fitness and Sports or the Foundation, in
advertising that the contributions, goods or services when donated,
supplied, or furnished to or for the use of, approved, selected, or
used by the President's Council on Physical Fitness and Sports or the
Foundation.
SEC. 6. VOLUNTEER STATUS.
The Foundation may accept, without regard to the civil service
classification laws, rules, or regulations, the services of volunteers
in the performance of the functions authorized herein, in the same
manner as provided for under section 7(c) of the Fish and Wildlife Act
of 1956 (16 U.S.C. 742f(c)).
SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--For purposes of Public Law 88-504 (36 U.S.C. 1101 et
seq.), the Foundation shall be treated as a private corporation under
Federal law. The Inspector General of the Department of Health and
Human Services and the Comptroller General of the United States shall
have access to the financial and other records of the Foundation, upon
reasonable notice.
(b) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Secretary and to Congress a
report of its proceedings and activities during such year, including a
full and complete statement of its receipts, expenditures, and
investments.
(c) Relief With Respect to Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act,
practice or policy that is inconsistent with the purposes
described in section 2(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this Act, or threaten to do so;
the Attorney General may petition in the United States District Court
for the District of Columbia for such equitable relief as may be
necessary or appropriate.
Passed the Senate September 25, 1996.
Attest:
Secretary.
104th CONGRESS
2d Session
S. 1311
_______________________________________________________________________
AN ACT
To establish a National Physical Fitness and Sports Foundation to carry
out activities to support and supplement the mission of the President's
Council on Physical Fitness and Sports, and for other purposes. | National Physical Fitness and Sports Foundation Establishment Act - Establishes the National Physical Fitness and Sports Foundation as a charitable and not for profit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports. |
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 ``Subsidized Stafford Loan Reduced
Interest Rate Extension Act of 2012''.
TITLE I--EXTENSION OF REDUCED INTEREST RATE
SEC. 101. INTEREST RATE EXTENSION.
Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C.
1087e(b)(7)(D)) is amended--
(1) in the matter preceding clause (i), by striking ``and
before July 1, 2012,'' and inserting ``and before July 1,
2013,''; and
(2) in clause (v), by striking ``and before July 1, 2012,''
and inserting ``and before July 1, 2013,''.
TITLE II--IMPROPER PAYMENTS ELIMINATION AND RECOVERY IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Improper Payments Elimination and
Recovery Improvement Act of 2012''.
SEC. 202. DEFINITION.
In this title, the term ``agency'' means an executive agency
defined under section 105 of title 5, United States Code.
SEC. 203. IMPROVING THE DETERMINATION OF IMPROPER PAYMENTS BY FEDERAL
AGENCIES.
(a) In General.--The Director of the Office of Management and
Budget shall on an annual basis--
(1) identify a list of high-priority Federal programs for
greater levels of oversight and review--
(A) in which the highest dollar value or majority
of governmentwide improper payments occur; or
(B) for which there is a higher risk of improper
payments;
(2) in coordination with the agency responsible for
administering the high-priority program--
(A) establish semi-annual or quarterly targets and
actions for reducing improper payments associated with
each high-priority program; or
(B) if such targets are in effect on the date of
enactment of this Act, establish supplemental targets;
and
(3) determine the entities that have received the greatest
amount of improper payments (or, if improper payments are
identified solely on the basis of a sample, the entities that
have received the greatest amount of improper payments in the
applicable sample).
(b) Report on High-Dollar Improper Payments.--
(1) In general.--Subject to Federal privacy policies and to
the extent permitted by law, each agency on a quarterly basis
shall submit to the Inspector General of that agency, and make
available to the public (including availability through the
Internet), a report on any high-dollar improper payments
identified by the agency.
(2) Contents.--Each report under this subsection--
(A) shall describe--
(i) any action the agency--
(I) has taken or plans to take to
recover improper payments; and
(II) intends to take to prevent
future improper payments; and
(B) shall not include any referrals the agency made
or anticipates making to the Department of Justice, or
any information provided in connection with such
referrals.
(3) Availability of information to inspector general.--
Paragraph (2)(B) shall not prohibit any referral or information
being made available to an Inspector General as otherwise
provided by law.
(4) Assessment.--After the review of each report under this
subsection, the Inspector General shall--
(A) assess the level of risk associated with the
applicable program and the quality of the improper
payment estimates and methodology of the agency;
(B) determine the extent of additional oversight or
financial controls warranted to identify and prevent
improper payments; and
(C) provide the head of the agency with any
recommendations, for modifying any plans of the agency,
including improvements for improper payments
determination and estimation methodology.
(c) Improved Estimates.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall provide guidance to agencies for improving the
estimates of improper payments under the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note).
(2) Guidance.--Guidance under this subsection shall--
(A) strengthen the estimation process of agencies
by reviewing the underlying validity of payments to
ensure amounts being billed are proper; and
(B) include--
(i) access to more complete data as part of
reviews;
(ii) ending reliance on self-reporting of
improper payments as a replacement for
estimates, and relying on the development of a
robust process to estimate and identify
improper payments across the agency;
(iii) all overpayments in the improper
payments estimate, regardless of whether
improperly paid funds have been or are being
recovered;
(iv) ensuring that--
(I) the review of payments to
employees shall include analysis of
employee data, including pay grade
data, locality pay, and other factors
that affect pay; and
(II) reviews address high-risk or
high-dollar personnel payments,
including travel, pay, and purchase
cards;
(v) reassessing high-risk programs to
better reflect the unique processes,
procedures, and risks of improper payments,
including assessments for each program to
reflect different risk components and better
direct corrective actions; and
(vi) confirming that inter-agency transfers
are proper using a methodology comparable to
that used to assess program level improper
payments.
SEC. 204. IMPROPER PAYMENTS INFORMATION.
Section 2(a)(3)(A)(ii) of the Improper Payments Information Act of
2002 (31 U.S.C. 3321 note) is amended by striking ``with respect to
fiscal years following September 30th of a fiscal year beginning before
fiscal year 2013 as determined by the Office of Management and Budget''
and inserting ``with respect to fiscal year 2014 and each fiscal year
thereafter''.
SEC. 205. DO NOT PAY INITIATIVE.
(a) Prepayment and Preaward Procedures.--
(1) In general.--Each agency shall review prepayment and
preaward procedures and ensure that a thorough review of
available databases with relevant information on eligibility
occurs to determine program or award eligibility and prevent
improper payments before the release of any Federal funds, to
the extent permitted by law.
(2) Databases.--At a minimum, each agency shall, before
payment and award, check the following databases (if applicable
and permitted by law) to verify eligibility:
(A) The Death Master File of the Social Security
Administration.
(B) The General Services Administration's Excluded
Parties List System.
(C) The Debt Check Database of the Department of
the Treasury.
(D) The Credit Alert System or Credit Alert
Interactive Voice Response System of the Department of
Housing and Urban Development.
(E) The List of Excluded Individuals/Entities of
the Office of Inspector General of the Department of
Health and Human Services.
(b) Do Not Pay List.--
(1) Establishment.--There is established the Do Not Pay
List which shall consist of--
(A) the databases described under subsection
(a)(2); and
(B) any other database designated by the Director
of the Office of Management and Budget in consultation
with agencies.
(2) Other databases.--In making designations of other
databases under paragraph (1)(B), the Director of the Office of
Management and Budget shall consider--
(A) any database that assists in preventing
improper payments; and
(B) the database of incarcerated individuals
established under subsection (f).
(3) Access and review by agencies.--For purposes of
identifying and preventing improper payment, each agency shall
have access to, and use of, the Do Not Pay List to determine
payment or award eligibility when the Director of the Office of
Management and Budget determines the Do Not Pay List is
appropriately established for the agency.
(4) Payment otherwise required.--When using the Do Not Pay
List, an agency shall recognize that there may be circumstances
under which the law requires a payment or award to be made to a
recipient, regardless of whether that recipient is on the Do
Not Pay List.
(c) Database Integration Plan.--Not later than 60 days after the
date of enactment of this Act, the Director of the Office of Management
and Budget shall provide to the Congress a plan for--
(1) inclusion of other databases on the Do Not Pay List;
(2) to the extent permitted by law, agency access to the Do
Not Pay List; and
(3) the multilateral data use agreements described under
subsection (e).
(d) Initial Working System.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall establish a working system for
prepayment and preaward review that includes the Do Not Pay
List as described under this section.
(2) Initial system.--The working system established under
paragraph (1)--
(A) may be located within an appropriate agency;
(B) shall include not less than 3 agencies;
(C) shall include fraud and improper payments
detection through predictive modeling and other
analytic technologies and other techniques; and
(D) may provide for the use of commercial database
sources, commercial analysis, and other functionality
for payment or award reviews, as determined appropriate
by the Director of the Office of Management and Budget
for verifying Federal data.
(3) Application to all agencies.--Not later than January 1,
2013, each agency shall review all payments and awards for all
programs of that agency through the system established under
this subsection.
(e) Multilateral Data Use Agreements.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall develop a plan to establish a multilateral
data use agreement authority to carry out this section,
including access to databases such as the New Hire Database
under section 453(j) of the Social Security Act (42 U.S.C.
653(j)).
(2) General protocols and security.--
(A) In general.--The multilateral data use
agreements shall be consistent with protocols to ensure
the secure transfer and storage of any data provided to
another entity or individual--
(i) under the provisions of, or amendments
made by, this section; and
(ii) consistent with applicable
information, privacy, security, and disclosure
laws, including--
(I) the regulations promulgated
under the Health Insurance Portability
and Accountability Act of 1996 and
section 552a of title 5, United States
Code; and
(II) subject to any information
systems security requirements under
such laws or otherwise required by the
Director of the Office of Management
and Budget.
(B) Consultation.--The Director of the Office of
Management and Budget shall consult with--
(i) the Council of Inspectors General on
Integrity and Efficiency before implementing
this paragraph; and
(ii) the Secretary of Health and Human
Services, the Social Security Administrator,
and the head of any other agency, as
appropriate.
(f) Development and Access to a Database of Incarcerated
Individuals.--
(1) In general.--The Attorney General shall develop and
maintain a database of individuals incarcerated at Federal and
State facilities.
(2) Availability and update.--The database developed under
this subsection shall be--
(A) available to agencies to carry out this section
and prevent waste, fraud, and abuse; and
(B) updated no less frequently than on a weekly
basis.
(g) Plan To Improve the Social Security Administration Death Master
File.--
(1) Establishment.--In conjunction with the Commissioner of
Social Security and in consultation with stakeholders and the
States, the Director of the Office of Management and Budget,
shall establish a plan for improving the quality and timeliness
of death data maintained by the Social Security Administration,
including death information reported to the Commissioner under
section 205(r) of the Social Security Act (42 U.5.C. 405(r)).
(2) Actions under plan.--The plan established under this
subsection shall include actions agencies are required to take
to--
(A) increase the quality and frequency of access;
(B) achieve a goal of at least daily access as
appropriate; and
(C) provide for all States to use modern,
electronic means for providing data.
(3) Report.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress on the plan
established under this subsection, including recommended
legislation.
SEC. 206. IMPROVING RECOVERY OF IMPROPER PAYMENTS.
(a) In General.--The Director of the Office of Management and
Budget shall determine--
(1) current and historical rates and amounts of recovery of
improper payments (or, in cases in which improper payments are
identified solely on the basis of a sample, recovery rates and
amounts estimated on the basis of the applicable sample),
including specific information of amounts and payments
recovered by recovery audit contractors; and
(2) targets for recovering improper payments, including
specific information on amounts and payments recovered by
recovery audit contractors.
(b) Recovery Audit Contractor Programs.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall establish a plan for no less than
10 Recovery Audit Contracting programs for the purpose of
identifying and recovering overpayments and underpayments in 10
agencies.
(2) Review of commercial payments.--Of the programs
established under this subsection, 5 programs shall review
commercial payments by an agency.
(3) Duration.--Any program established under this
subsection shall terminate not more than 3 years after the date
on which the program is established.
(4) Reports.--
(A) In general.--Not later than 3 months after the
completion of a program, the head of the agency
conducting the program shall submit a report on the
program to Congress.
(B) Contents.--Each report under this paragraph
shall include--
(i) a description of the impact of the
program on savings and recoveries; and
(ii) such recommendations as the head of
the agency considers appropriate on extending
or expanding the program. | Subsidized Stafford Loan Reduced Interest Rate Extension Act of 2012 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2012, applicable to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013.
Improper Payments Elimination and Recovery Improvement Act of 2012 - Requires the Director of the Office of Management and Budget (OMB) to: (1) identify, on an annual basis, a list of high-priority federal programs for greater levels of oversight and review of improper payments; (2) coordinate with agencies responsible for administering high-priority programs to establish semi-annual or quarterly targets and actions for reducing improper payments; and (3) provide guidance to agencies for improving estimates of improper payments.
Requires federal agencies to: (1) make quarterly reports to their Inspectors General on any high-dollar improper payments identified by such agencies, and (2) review prepayment and preaward procedures and available databases to determine program or award eligibility and prevent improper payments before releasing any federal funds. Establishes a Do Not Pay List based on information from databases maintained by the federal government, including the database of the Social Security Administration (SSA) reporting deaths of Social Security recipients.
Requires the Director to: (1) determine the current and historical rates and amounts of recovery of improper payments and targets for recovering improper payments, and (2) establish a plan for at least 10 Recovery Audit Contracting programs to identify and recover overpayments and underpayments in 10 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 ``Mobilized Reserve Family Health Care
Act of 2003''.
SEC. 2. REDUCED HEALTH INSURANCE COSTS FOR FAMILY COVERAGE OF MILITARY
RESERVISTS CALLED TO ACTIVE DUTY.
(a) Refundable Credit for Costs Up to TRICARE Costs.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable credits) is amended by inserting after section 35
the following new section:
``SEC. 35A. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY
RESERVISTS CALLED TO ACTIVE DUTY.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this subtitle
an amount equal to the amount paid during the taxable year by the
taxpayer for insurance which constitutes medical care for the taxpayer
and the taxpayer's spouse and dependents.
``(b) Limitations.--
``(1) Credit limited to tricare costs.--The credit allowed
by subsection (a) for any period shall not exceed an amount
equal to the premium-equivalent of the family coverage cost of
coverage under TRICARE for such period.
``(2) Limitation to coverage during active duty period.--
The credit allowed by subsection (a) shall apply only to
amounts paid for coverage during the period referred to in
subsection (c)(2).
``(3) Self-only coverage for reservist not included.--The
credit allowed by subsection (a) shall not apply to self-only
coverage for the eligible individual.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual--
``(1) who, as a member of the National Guard or a reserve
component of an Armed Force of the United States, has been
called or ordered to active duty for a period in excess of 30
days or for an indefinite period, and
``(2) who elects that such individual and all other
individuals who would (but for the election) be covered by
TRICARE will not be so covered during the period beginning on
the date of such call or order and ending on the last day of
such active duty.
``(d) Denial of Double Benefit.--Amounts allowed as a credit under
this section shall not be taken into account in determining the amount
of any deduction or other credit under this chapter.''
(2) Conforming amendments.--
(A) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting before the
period ``, or from section 35A of such Code''.
(B) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 35 the following new item:
``Sec. 35A. Certain family coverage
health insurance costs of
military reservists called to
active duty.''.
(b) Deduction for Costs in Excess of TRICARE Costs.--
(1) In general.--Part VII of subchapter B of chapter 1 of
such Code (relating to additional itemized deductions for
individuals) is amended by redesignating section 223 as section
224 and by inserting after section 222 the following new
section:
``SEC. 223. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY
RESERVISTS CALLED TO ACTIVE DUTY.
``(a) Allowance of Deduction.--In the case of an eligible
individual (as defined in section 35A(c)), there shall be allowed as a
deduction an amount equal to the amount paid during the taxable year by
the taxpayer for insurance which constitutes medical care for the
taxpayer and the taxpayer's spouse and dependents.
``(b) Limitation to Coverage During Active Duty Period.--The
deduction under this section shall apply only to amounts paid for
coverage during the period referred to in section 35A(c)(2).
``(c) Special Rules.--
``(1) Self-only coverage for reservist not included.--The
deduction under this section shall not apply to self-only
coverage for the eligible individual.
``(2) Other rules to apply.--Rules similar to the rules of
paragraphs (3), (4), and (5) of section 162(l) shall apply for
purposes of this section.''
(2) Deduction allowed whether or not individual itemizes
other deductions.--Subsection (a) of section 62 of such Code is
amended by inserting after paragraph (18) the following new
paragraph:
``(19) Certain family coverage health insurance costs of
military reservists called to active duty.--The deduction
allowed by section 223.''
(3) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 223. Certain family coverage
health insurance costs of
military reservists called to
active duty.
``Sec. 224. Cross reference.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Mobilized Reserve Family Health Care Act of 2003 - Amends the Internal Revenue Code to allow a tax credit to cover the cost of insurance coverage under TRICARE for a member (and family) of the National Guard or a reserve component of a U.S. Armed Force who has been called or ordered to active duty for a period in excess of 30 days, or for an indefinite period, during such period of duty. Permits a deduction (for both itemizers and nonitemizers), applicable to such period of duty, for insurance costs in addition to the TRICARE costs. |
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 ``Building, Renovating, Improving, and
Constructing Kids' Schools Act''.
SEC. 2. FINDINGS.
Congress make the following findings:
(1) According to a 1999 issue brief prepared by the
National Center for Education Statistics, the average public
school in America is 42 years old, and school buildings begin
rapid deterioration after 40 years. In addition, 29 percent of
all public schools are in the oldest condition, meaning that
the schools were built before 1970 and have either never been
renovated or were renovated prior to 1980.
(2) According to reports issued by the General Accounting
Office (GAO) in 1995 and 1996, it would cost $112,000,000,000
to bring the Nation's schools into good overall condition, and
one-third of all public schools need extensive repair or
replacement.
(3) Many schools do not have the appropriate infrastructure
to support computers and other technologies that are necessary
to prepare students for the jobs of the 21st century.
(4) Without impeding on local control, the Federal
Government appropriately can assist State, regional, and local
entities in addressing school construction, renovation, and
repair needs by providing low-interest loans for purposes of
paying interest on related bonds and by supporting other State-
administered school construction programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bond.--The term ``bond'' includes any obligation.
(2) Governor.--The term ``Governor'' includes the chief
executive officer of a State.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given to such term by section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(4) Public school facility.--The term ``public school
facility'' shall not include--
(A) any stadium or other facility primarily used
for athletic contests or exhibitions, or other events
for which admission is charged to the general public;
or
(B) any facility that is not owned by a State or
local government or any agency or instrumentality of a
State or local government.
(5) Qualified school construction bond.--The term
``qualified school construction bond'' means any bond (or
portion of a bond) issued as part of an issue if--
(A) 95 percent or more of the proceeds attributable
to such bond (or portion) are to be used for the
construction, rehabilitation, or repair of a public
school facility or for the acquisition of land on which
such a facility is to be constructed with part of the
proceeds;
(B) the bond is issued by a State, regional, or
local entity, with bonding authority; and
(C) the issuer designates such bond (or portion)
for purposes of this section.
(6) Stabilization fund.--The term ``stabilization fund''
means the stabilization fund established under section 5302 of
title 31, United States Code.
(7) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
SEC. 4. LOANS FOR SCHOOL CONSTRUCTION BOND INTEREST PAYMENTS AND OTHER
SUPPORT.
(a) Loan Authority and Other Support.--
(1) Loans and state-administered programs.--
(A) In general.--Except as provided in subparagraph
(B), from funds made available to a State under section
5(b) the State, in consultation with the State
educational agency--
(i) shall use not less than 50 percent of
the funds to make loans to State, regional, or
local entities within the State to enable the
entities to make annual interest payments on
qualified school construction bonds that are
issued by the entities not later than December
31, 2003; and
(ii) may use not more than 50 percent of
the funds to support State revolving fund
programs or other State-administered programs
that assist State, regional, and local entities
within the State in paying for the cost of
construction, rehabilitation, repair, or
acquisition described in section 3(5)(A).
(B) States with restrictions.--If, on the date of
enactment of this Act, a State has in effect a law that
prohibits the State from making the loans described in
subparagraph (A)(i), the State, in consultation with
the State educational agency, may use the funds
described in subparagraph (A) to support the programs
described in subparagraph (A)(ii).
(2) Requests.--The Governor of each State desiring
assistance under this Act shall submit a request to the
Secretary of the Treasury at such time and in such manner as
the Secretary of the Treasury may require.
(3) Priority.--In selecting entities to receive funds under
paragraph (1) for projects involving construction,
rehabilitation, repair, or acquisition of land for schools, the
State shall give priority to entities with projects for schools
with greatest need, as determined by the State. In determining
the schools with greatest need, the State shall take into
consideration whether a school--
(A) is among the schools that have the greatest
numbers or percentages of children whose education
imposes a higher than average cost per child, such as--
(i) children living in areas with high
concentrations of low-income families;
(ii) children from low-income families; and
(iii) children living in sparsely populated
areas;
(B) has inadequate school facilities and a low
level of resources to meet the need for school
facilities; or
(C) meets such criteria as the State may determine
to be appropriate.
(b) Repayment.--
(1) In general.--Subject to paragraph (2), a State that
uses funds made available under section 5(b) to make a loan or
support a State-administered program under subsection (a)(1)
shall repay to the stabilization fund the amount of the loan or
support, plus interest, at an annual rate of 4.5 percent. A
State shall not be required to begin making such repayment
until the year immediately following the 15th year for which
the State is eligible to receive annual distributions from the
fund (which shall be the final year for which the State shall
be eligible for such a distribution under this Act). The amount
of such loan or support shall be fully repaid during the 10-
year period beginning on the expiration of the eligibility of
the State under this Act.
(2) Exceptions.--
(A) In general.--The interest on the amount made
available to a State under section 5(b) shall not
accrue, prior to January 1, 2006, unless the amount
appropriated to carry out part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et
seq.) for any fiscal year prior to fiscal year 2006 is
sufficient to fully fund such part for the fiscal year
at the originally promised level, which promised level
would provide to each State 40 percent of the average
per-pupil expenditure for providing special education
and related services for each child with a disability
in the State.
(B) Applicable interest rate.--Effective January 1,
2006, the applicable interest rate that will apply to
an amount made available to a State under section 5(b)
shall be--
(i) 0 percent with respect to years in
which the amount appropriated to carry out part
B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.) is not
sufficient to provide to each State at least 20
percent of the average per-pupil expenditure
for providing special education and related
services for each child with a disability in
the State;
(ii) 2.5 percent with respect to years in
which the amount described in clause (i) is not
sufficient to provide to each State at least 30
percent of such average per-pupil expenditure;
(iii) 3.5 percent with respect to years in
which the amount described in clause (i) is not
sufficient to provide to each State at least 40
percent of such average per-pupil expenditure;
and
(iv) 4.5 percent with respect to years in
which the amount described in clause (i) is
sufficient to provide to each State at least 40
percent of such average per-pupil expenditure.
(c) Federal Responsibilities.--The Secretary of the Treasury and
the Secretary of Education--
(1) jointly shall be responsible for ensuring that funds
provided under this Act are properly distributed;
(2) shall ensure that funds provided under this Act only
are used to pay for--
(A) the interest on qualified school construction
bonds; or
(B) a cost described in section 4(a)(1)(A)(ii); and
(3) shall not have authority to approve or disapprove
school construction plans assisted pursuant to this Act, except
to ensure that funds made available under this Act are used
only to supplement, and not supplant, the amount of school
construction, rehabilitation, and repair, and acquisition of
land for school facilities, in the State that would have
occurred in the absence of such funds.
SEC. 5. AMOUNTS AVAILABLE TO EACH STATE.
(a) Reservation for Indians.--
(1) In general.--From $20,000,000,000 of the funds in the
stabilization fund, the Secretary of the Treasury shall make
available $400,000,000 to provide assistance to Indian tribes.
(2) Use of funds.--An Indian tribe that receive assistance
under paragraph (1)--
(A) shall use not less than 50 percent of the
assistance for a loan to enable the Indian tribe to
make annual interest payments on qualified school
construction bonds, in accordance with the requirements
of this Act that the Secretary of the Treasury
determines to be appropriate; and
(B) may use not more than 50 percent of the
assistance to support tribal revolving fund programs or
other tribal-administered programs that assist tribal
governments in paying for the cost of construction,
rehabilitation, repair, or acquisition described in
section 3(5)(A), in accordance with the requirements of
this Act that the Secretary of the Treasury determines
to be appropriate.
(b) Amounts Available.--
(1) In general.--Subject to paragraph (3) and from
$20,000,000,000 of the funds in the stabilization fund that are
not reserved under subsection (a), the Secretary of the
Treasury shall make available to each State submitting a
request under section 4(a)(2) an amount that bears the same
relation to such remainder as the amount the State received
under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year
2000 bears to the amount received by all States under such part
for such year.
(2) Disbursal.--The Secretary of the Treasury shall
disburse the amount made available to a State under paragraph
(1) or (3), on an annual basis, during the period beginning on
October 1, 2000, and ending September 30, 2017.
(3) Small state minimum.--
(A) Minimum.--No State shall receive an amount
under paragraph (1) that is less than $100,000,000.
(B) States.--In this paragraph, the term ``State''
means each of the several States of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico.
(c) Notification.--The Secretary of the Treasury and the Secretary
of Education jointly shall notify each State of the amount of funds the
State may receive for loans and other support under this Act. | Sets forth requirements for loan repayment and interest rate. Exempts a State entity or local government from such repayment and interest rate accrual prior to January 1, 2006, unless the amount appropriated to carry out assistance for education of all children with disabilities under the Individuals with Disabilities Education Act for any fiscal year before FY 2006 is sufficient to fully fund such assistance for the fiscal year at the originally promised level, which promised level would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State.
Directs the Secretary of the Treasury and the Secretary of Education to: (1) ensure that funds provided under this Act are properly distributed, and are used to pay the interest on qualified school construction bonds or costs of school construction, rehabilitation, repair, or related land acquisition; and (2) notify each State of the amount of funds it may receive for loans and other support under this Act. Provides that the Secretaries shall not have authority to approve or disapprove school construction plans assisted pursuant to this Act, except to ensure that funds made available under this Act are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair, and related land acquisition in the State that would have occurred in the absence of such funds. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. CREDIT FOR INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45D. INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of an
employer, the information technology training program credit determined
under this section is an amount equal to 20 percent of information
technology training program expenses paid or incurred by the taxpayer
during the taxable year.
``(b) Additional Credit Percentage for Certain Programs.--The
percentage under subsection (a) shall be increased by 5 percentage
points for information technology training program expenses paid or
incurred--
``(1) by the taxpayer with respect to a program operated
in--
``(A) an empowerment zone or enterprise community
designated under part I of subchapter U,
``(B) a school district in which at least 50
percent of the students attending schools in such
district are eligible for free or reduced-cost lunches
under the school lunch program established under the
National School Lunch Act,
``(C) an area designated as a disaster area by the
Secretary of Agriculture or by the President under the
Disaster Relief and Emergency Assistance Act in the
taxable year or the 4 preceding taxable years,
``(D) a rural enterprise community designated under
section 766 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies
Appropriations Act, 1999, or
``(E) an area designated by the Secretary of
Agriculture as a Rural Economic Area Partnership Zone,
or
``(2) by a small employer.
``(c) Limitation.--The amount of information technology training
program expenses with respect to an individual which may be taken into
account under subsection (a) for the taxable year shall not exceed
$6,000.
``(d) Information Technology Training Program Expenses.--For
purposes of this section--
``(1) In general.--The term `information technology
training program expenses' means expenses paid or incurred by
reason of the participation of the employer in any information
technology training program.
``(2) Information technology training program.--The term
`information technology training program' means a program--
``(A) for the training of computer programmers,
systems analysts, and computer scientists or engineers
(as such occupations are defined by the Bureau of Labor
Statistics),
``(B) involving a partnership of--
``(i) employers, and
``(ii) State training programs, school
districts, university systems, or certified
commercial information technology training
providers, and
``(C) at least 50 percent of the costs of which is
paid or incurred by the employers.
``(3) Certified commercial information technology training
provider.--The term `certified commercial information
technology training providers' means a private sector provider
of educational products and services utilized for training in
information technology which is certified with respect to--
``(A) the curriculum that is used for the training,
or
``(B) the technical knowledge of the instructors of
such provider,
by 1 or more software publishers or hardware manufacturers the
products of which are a subject of the training.
``(e) Small Employer.--For purposes of this section, the term
`small employer' means, with respect to any calendar year, any employer
if such employer employed 200 or fewer employees on each business day
in each of 20 or more calendar weeks in such year or the preceding
calendar year.
``(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
information technology training program expenses (determined without
regard to the limitation under subsection (c)).
``(g) Certain rules made applicable.--For purposes of this section,
rules similar to the rules of section 45A(e)(2) and subsections (c),
(d), and (e) of section 52 shall apply.''
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (11),
by striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following:
``(13) the information technology training program credit
determined under section 45D.''
(c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(9) No carryback of section 45D credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the information technology
training program credit determined under section 45D may be
carried back to a taxable year ending before the date of the
enactment of section 45D.''
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45D. Information technology
training program expenses.''
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of enactment of this
Act in taxable years ending after such date. | Amends the Internal Revenue Code to establish a limited employer tax credit for information technology training program expenses. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Pharmacy Consumer
Protection Act'' or the ``Ryan Haight Act''.
SEC. 2. INTERNET SALES OF PRESCRIPTION DRUGS.
(a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following:
``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS.
``(a) Requirements Regarding Information on Internet Site.--
``(1) In general.--A person may not dispense a prescription
drug pursuant to a sale of the drug by such person if--
``(A) the purchaser of the drug submitted the
purchase order for the drug, or conducted any other
part of the sales transaction for the drug, through an
Internet site; and
``(B) such site, or any other Internet site used by
such person for purposes of sales of a prescription
drug, fails to meet each of the requirements specified
in paragraph (2) (other than a site or pages on a site
that are not intended to be accessed by purchasers or
prospective purchasers or that provide an Internet
information location tool within the meaning of section
231(e)(5) of the Communications Act of 1934 (47 U.S.C.
231(e)(5)).
``(2) Requirements.--With respect to an Internet site, the
requirements referred to in subparagraph (B) of paragraph (1)
for a person to whom such paragraph applies are as follows:
``(A) Each page of the site shall include either
the following information or a link to a page that
provides the following information:
``(i) The name of such person; the address
of the principal place of business of the
person with respect to sales of prescription
drugs through the Internet; and the telephone
number for such place of business.
``(ii) Each State in which the person is
authorized by law to dispense prescription
drugs.
``(iii) The name of each individual who
serves as a pharmacist for purposes of the
site; and each State in which the individual is
authorized by law to dispense prescription
drugs.
``(iv) If the person provides for medical
consultations through the site for purposes of
providing prescriptions, the name of each
individual who provides such consultations;
each State in which the individual is licensed
or otherwise authorized by law to provide such
consultations or practice medicine; and the
type or types of health professions for which
the individual holds such licenses or other
authorizations.
``(B) A link to which paragraph (1) applies shall
be displayed in a clear and prominent place and manner,
and shall include in the caption for the link the words
`licensing and contact information'.
``(b) Internet Sales Without Appropriate Medical Relationships.--
``(1) In general.--A person may not dispense a prescription
drug, or sell such a drug, if--
``(A) for purposes of such dispensing or sale, the
purchaser communicated with the person through the
Internet;
``(B) the patient for whom the drug was dispensed
or purchased did not, when such communications began,
have a prescription for the drug that is valid in the
United States;
``(C) pursuant to such communications, the person
provided for the involvement of a practitioner, or an
individual represented by the person as a practitioner,
and the practitioner or such individual issued a
prescription for the drug that was purchased;
``(D) the person knew, or had reason to know, that
the practitioner or the individual referred to in
subparagraph (C) did not, when issuing the
prescription, have a qualifying medical relationship
with the patient; and
``(E) the person received payment for the
dispensing or sale of the drug.
For purposes of subparagraph (E), payment is received if money
or other valuable consideration is received.
``(2) Qualifying medical relationship.--
``(A) In general.--With respect to issuing a
prescription for a drug for a patient, a practitioner
has a qualifying medical relationship with the patient
for purposes of this section if at least 1 in-person
medical evaluation of the patient has been conducted by
the practitioner.
``(B) In-person medical evaluation.--A medical
evaluation by a practitioner is an in-person medical
evaluation for purposes of this section if the
practitioner is in the physical presence of the patient
as part of conducting the evaluation, without regard to
whether portions of the evaluation are conducted by
other health professionals.
``(3) Rules of construction.--
``(A) Individuals represented as practitioners.--A
person who is not a practitioner (as defined in
subsection (e)(1)) lacks legal capacity under this
section to have a qualifying medical relationship with
any patient.
``(B) Applicability of requirements.--Paragraph (2)
may not be construed as having any applicability beyond
this section, and does not affect any State law, or
interpretation of State law, concerning the practice of
medicine.
``(C) Standard practice of pharmacy.--Paragraph (1)
may not be construed as prohibiting any conduct that is
a standard practice in the practice of pharmacy.
``(c) Actions by States.--
``(1) In general.--Whenever an attorney general of any
State has reason to believe that the interests of the residents
of that State have been or are being threatened or adversely
affected because any person has engaged or is engaging in a
pattern or practice that violates section 301(l), the State may
bring a civil action on behalf of its residents in an appropriate
district court of the United States to enjoin such practice, to enforce
compliance with such section (including a nationwide injunction), to
obtain damages, restitution, or other compensation on behalf of
residents of such State, to obtain reasonable attorneys' fees and costs
if the State prevails in the civil action, or to obtain such further
and other relief as the court may deem appropriate.
``(2) Notice.--The State shall serve prior written notice
of any civil action under paragraph (1) or (5)(B) upon the
Secretary and provide the Secretary with a copy of its
complaint, except that if it is not feasible for the State to
provide such prior notice, the State shall serve such notice
immediately upon instituting such action. Upon receiving a
notice respecting a civil action, the Secretary shall have the
right--
``(A) to intervene in such action;
``(B) upon so intervening, to be heard on all
matters arising therein; and
``(C) to file petitions for appeal.
``(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this chapter shall
prevent an attorney general of a State from exercising the
powers conferred on the attorney general by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
``(4) Venue; service of process.--
``(A) Venue.--Any civil action brought under
paragraph (1) in a district court of the United States
may be brought in the district in which the defendant
is found, is an inhabitant, or transacts business or
wherever venue is proper under section 1391 of title
28, United States Code.
``(B) Service of process.--Process in such an
action may be served in any district in which the
defendant is an inhabitant or in which the defendant
may be found.
``(5) Actions by other state officials.--
``(A) Effect of section.--Nothing contained in this
section shall prohibit an authorized State official
from proceeding in State court on the basis of an
alleged violation of any civil or criminal statute of
such State.
``(B) Additional action.--In addition to actions
brought by an attorney general of a State under
paragraph (1), such an action may be brought by
officers of such State who are authorized by the State
to bring actions in such State on behalf of its
residents.
``(d) Interactive Computer Service; Advertising.--No provider of an
interactive computer service, as defined in section 230(f)(2) of the
Communications Act of 1934 (47 U.S.C. 230(f)(2)), or of advertising
services shall be liable under this section for dispensing or selling
prescription drugs in violation of this section on account of another
person's selling or dispensing such drugs, provided that the provider
of the interactive computer service or of advertising services does not
own or exercise corporate control over such person.
``(e) Definitions.--For purposes of this section:
``(1) Practitioner.--The term `practitioner' means a
practitioner referred to in section 503(b)(1) with respect to
issuing a written or oral prescription.
``(2) Prescription drug.--The term `prescription drug'
means a drug that is subject to section 503(b)(1).
``(3) Qualifying medical relationship.--The term
`qualifying medical relationship', with respect to a
practitioner and a patient, has the meaning indicated for such
term in subsection (b).''.
(b) Inclusion as Prohibited Act.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after
paragraph (k) the following:
``(l) The dispensing or selling of a prescription drug in violation
of section 503B.''.
(c) Internet Sales of Prescription Drugs; Consideration by
Secretary of Practices and Procedures for Certification of Legitimate
Businesses.--In carrying out section 503B of the Federal Food, Drug,
and Cosmetic Act (as added by subsection (a)), the Secretary of Health
and Human Services shall take into consideration the practices and
procedures of public or private entities that certify that businesses
selling prescription drugs through Internet sites are legitimate
businesses, including practices and procedures regarding disclosure
formats and verification programs.
(d) Effective Date.--The amendments made by subsections (a) and (b)
take effect upon the expiration of the 60-day period beginning on the
date of enactment of this Act, without regard to whether a final rule
to implement such amendments has been promulgated by the Secretary of
Health and Human Services under section 701(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 371(a)). The preceding sentence may
not be construed as affecting the authority of such Secretary to
promulgate such a final rule.
SEC. 3. REPORTS REGARDING INTERNET-RELATED VIOLATIONS OF FEDERAL AND
STATE LAWS ON DISPENSING OF DRUGS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall, pursuant to
the submission of an application meeting the criteria of the Secretary,
award a grant or contract to the National Clearinghouse on Internet
Prescribing (operated by the Federation of State Medical Boards) for
the purpose of--
(1) identifying Internet sites that appear to be in
violation of Federal or State laws concerning the dispensing of
drugs;
(2) reporting such sites to State medical licensing boards
and State pharmacy licensing boards, and to the Attorney
General and the Secretary, for further investigation; and
(3) submitting, for each fiscal year for which the award
under this subsection is made, a report to the Secretary
describing investigations undertaken with respect to violations
described in paragraph (1).
(b) Authorization of Appropriations.--For the purpose of carrying
out subsection (a), there is authorized to be appropriated $100,000 for
each of the fiscal years 2004 through 2006. | Internet Pharmacy Consumer Protection Act or the Ryan Haight Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any person from dispensing a prescription drug pursuant to a sale if: (1) any part of the sales transaction for the drug is conducted through an Internet site; and (2) such site fails to meet specified requirements regarding inclusion of a page (and links thereto) providing the identities and licensing information of the seller, pharmacists, or medical consultants.
Prohibits a person from selling or dispensing a prescription drug if: (1) the purchaser communicated with the person through the Internet; (2) the purchaser did not have a valid prescription when the communication began; (3) the person provided for the involvement of a practitioner; (4) the practitioner issued a prescription for the drug that was purchased; (5) the person knew that no qualifying medical relationship existed (defines "qualifying medical relationship" as requiring an in-person medical evaluation); and (6) the person received payment.
Allows States to bring civil actions against a person for violations of this Act.
Prevents Internet providers from being held liable for dispensing or selling prescriptions drugs on account of another person's activities.
Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under the FFDCA.
Requires the Secretary of Health and Human Services to award a grant or contract to the National Clearinghouse on Internet Prescribing to identify and report Internet sites that violate Federal or State laws concerning the dispensing of drugs. |
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 ``Children's Hospitals Education
Equity and Research (CHEER) Act of 2004''.
SEC. 2. REAUTHORIZATION OF CHILDREN'S HOSPITALS GRADUATE MEDICAL
EDUCATION PROGRAM.
(a) Extension of Program.--Section 340E(a) of the Public Health
Service Act (42 U.S.C. 256e(a)) is amended by striking ``2005'' and
inserting ``2010''.
(b) Description of Amount of Payments.--Section 340E(b) of the
Public Health Service Act (42 U.S.C. 256e(b)) is amended--
(1) in paragraph (1)(B), by striking ``relating to teaching
residents in such'' and inserting ``associated with graduate
medical residency training''; and
(2) in paragraph (2)(A), by inserting before the period at
the end ``, except that for purposes of this paragraph such
total excludes amounts that remain available from a previous
fiscal year under paragraph (1)(B) or (2)(B) of subsection
(f)''.
(c) Direct Graduate Medical Education.--Section 340E(c) of the
Public Health Service Act (42 U.S.C. 256e(c)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``product'' and inserting ``sum'';
(B) in subparagraph (A), by striking ``(A) the
updated per resident'' and inserting the following:
``(A) the product of--
``(i) the updated per resident'';
(C) by redesignating subparagraph (B) as clause
(ii) and indenting appropriately;
(D) in subparagraph (A)(ii) (as so redesignated)--
(i) by inserting ``, but without giving
effect to section 1886(h)(7) of such Act)''
after ``section 1886(h)(4) of the Social
Security Act''; and
(ii) by striking the period and inserting
``; and''; and
(E) by inserting after subparagraph (A) the
following:
``(B) amounts for other approved education programs
that are provider-operated, as defined for purposes of
Medicare payment, limited to not more than 30 percent
of costs that would be allowed for such programs under
Medicare rules for hospitals reimbursed under section
1886(d) of the Social Security Act.''; and
(2) in paragraph (2)(B), by inserting before the period at
the end ``, without giving effect to section 1886(d)(3)(E)(ii)
of the Social Security Act''.
(d) Indirect Graduate Medical Education.--Section 340E(d) of the
Public Health Service Act (42 U.S.C. 256e(d)) is amended--
(1) in paragraph (1), by striking ``related to'' and
inserting ``associated with''; and
(2) in paragraph (2)(A)--
(A) by inserting ``ratio of the'' after ``hospitals
and the''; and
(B) by inserting at the end before the semicolon
``to beds (but excluding beds or bassinets assigned to
healthy newborn infants)''.
(e) Nature of Payments.--Section 340E(e) of the Public Health
Service Act (42 U.S.C. 256e(e)) is amended--
(1) in paragraph (2), by striking the first sentence;
(2) in paragraph (3), by striking ``recoup any overpayments
made to pay any balance due to the extent possible'' and all
that follows through the end of the paragraph and inserting the
following: ``recoup any overpayments made and pay any balance
due. To the greatest extent possible, amounts recouped from a
hospital are to be distributed to other hospitals in the same
fiscal year. Amounts recouped from a hospital and not disbursed
to other hospitals in the same fiscal year shall remain
available for distribution during the subsequent fiscal year.
Unless there is fraud, amounts paid to a hospital without a
demand for recoupment by the end of the fiscal year shall be
final and not subject to recoupment.''; and
(3) by adding at the end the following:
``(4) Appeals.--
``(A) In general.--A decision affecting the amount
payable to a hospital pursuant to this section shall--
``(i) be subject to review under section
1878 of the Social Security Act in the same
manner as final determinations of a fiscal
intermediary of the amount of payment under
section 1886(d) of such Act are subject to
review; and
``(ii) be handled expeditiously so that the
review decision is reflected in the final
reconciliation for the year in which the appeal
is made.
``(B) Limitation.--A review decision pursuant to
this section shall not affect payments for a fiscal
year prior to the fiscal year in which the review
decision is rendered.
``(C) Application to subsequent fiscal years.--The
Secretary shall apply a review decision in determining
the amount of payment for the appealing hospital in the
fiscal year in which the decision is rendered and in
subsequent years, unless the law at issue in the review
decision is amended or there are material differences
between the facts for the fiscal year for which the
review decision is rendered and the year for which
payment is made. Nothing in this section shall be
construed to prohibit a hospital from appealing similar
determinations in subsequent periods.''.
(f) Authorization of Appropriations.--Section 340E(f) of the Public
Health Service Act (42 U.S.C. 256e(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``and'';
(ii) in clause (iii), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(iv) for fiscal year 2006, $110,000,000;
and
``(v) for each of fiscal years 2007 through
2010, such sums as may be necessary, including
an annual adjustment to reflect increases in
the Consumer Price Index.''; and
(B) in subparagraph (B), by striking ``for fiscal
year 2000'' and all that follows and inserting ``for
fiscal year 2006 and each subsequent fiscal year shall
remain available for obligation for the year
appropriated and the subsequent fiscal year.''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively, and
indenting appropriately;
(B) by striking ``There are hereby authorized'' and
inserting the following:
``(A) In general.--There are authorized'';
(C) in clause (ii) (as redesignated by this
paragraph), by striking ``and'';
(D) in clause (iii) (as redesignated by this
paragraph), by striking the period at the end and
inserting a semicolon;
(E) by adding at the end of subparagraph (A) (as
designated by this paragraph), the following:
``(iv) for fiscal year 2006, $220,000,000;
and
``(v) for each of fiscal years 2007 through
2010, such sums as may be necessary, including
an annual adjustment to reflect increases in
the Consumer Price Index.''; and
(F) at the end of paragraph (2), by adding the
following:
``(B) Carryover of excess.--To the extent that
amounts are not expended in the year for which they are
appropriated, the amounts appropriated under
subparagraph (A) for fiscal year 2006 and each
subsequent fiscal year shall remain available for
obligation through the end of the following fiscal
year.''.
(g) Definitions.--Paragraph (3) of section 340E(g) of the Public
Health Service Act (42 U.S.C. 256e(g)) is amended by striking ``has''
and all that follows through the end of the sentence and inserting ``--
``(A) has the meaning given such term in section
1886(h)(5)(C) of the Social Security Act; and
``(B) includes costs of approved educational
activities, as such term is used in section 1886(a)(4)
of the Social Security Act.''. | Children's Hospitals Education Equity and Research (CHEER) Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for costs associated with operating approved graduate medical resident training 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 ``National Slave Memorial Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Millions of Africans and their descendants were
enslaved in the United States and the 13 American colonies in
the period 1619 through 1865.
(2) The American Colonies determined that economic benefit
would be derived from the import of slave labor and forthwith
became an active participant in the ``Middle Passage'' of
African slaves to its shores.
(3) Upon their arrival in North America, Africans were
considered chattel and thereby denied the privileges granted to
other immigrants.
(4) The agricultural resources of any nation are the
backbone of its subsistence and for over 250 years, millions of
unnamed African and American-born Black men, women, and
children provided the free labor that cultivated the fields
from which Americans ate and were clothed, which allowed the
dominant population to secure other interests.
(5) Slavery was a grave injustice that caused African
Americans to suffer enormous damages and losses, both material
and intangible, including the loss of human dignity and
liberty, the frustration of careers and professional lives, and
the long-term loss of income and opportunity.
(6) Slavery in the United States denied African Americans
the fruits of their own labor and was an immoral and inhumane
deprivation of life, liberty, the pursuit of happiness,
citizenship rights, and cultural heritage.
(7) Although the achievements of African Americans in
overcoming the evils of slavery stand as a source of tremendous
inspiration, the successes of slaves and their descendants do
not overwrite the failure of the Nation to grant all Americans
their birthright of equality and the civil rights that
safeguard freedom.
(8) Many African American slaves fought as valiant patriots
in the wars that helped to preserve our national freedoms,
knowing they would never be privileged to partake of the
freedoms for which they fought.
(9) African American art, history, and culture reflect
experiences of slavery and freedom, and continued struggles for
full recognition of citizenship and treatment with human
dignity, and there is inadequate presentation, preservation,
and recognition of the contributions of African Americans
within American society.
(10) There is a great need for building institutions and
monuments to promote cultural understanding of African American
heritage and further enhance racial harmony.
(11) It is proper and timely for the Congress to recognize
June 19, 1865, the historic day when the last group of slaves
were informed of their freedom, to acknowledge the historic
significance of the abolition of slavery, to express deep
regret to African Americans, and to support reconciliation
efforts.
SEC. 3. NATIONAL SLAVE MEMORIAL.
(a) In General.--The National Foundation for African American
Heritage (in this Act referred to as the ``Foundation''), in
consultation with the Secretary of the Interior, is authorized to
establish, in the District of Columbia, a memorial to slavery--
(1) to acknowledge the fundamental injustice, cruelty,
brutality, and inhumanity of slavery in the United States and
the 13 American Colonies; and
(2) to honor the nameless and forgotten men, women, and
children who have gone unrecognized for their undeniable and
weighty contribution to the United States.
(b) Location.--
(1) Sense of congress.--It is the sense of the Congress
that the memorial should be situated within the area that is
referred to in the Commemorative Works Act (40 U.S.C. 1001 et
seq.) as Area I, and in proximity to the Lincoln Memorial.
(2) Determination.--The Secretary of the Interior and the
National Capital Memorial Commission shall determine a location
for the memorial by not later than 6 months after the date of
enactment of this Act.
(c) Design.--The Foundation, in consultation with the Secretary of
the Interior, and the National Capital Memorial Commission shall--
(1) not later than 6 months after the date of enactment of
this Act, begin soliciting proposals for the design of the
memorial from architects; and
(2) not later than 2 years after the date of enactment of
this Act, select a design for the memorial from the proposals
submitted to the Secretary.
(d) Funding.--
(1) In general.--The Secretary of the Interior, in
coordination with the Director of the Smithsonian Institution,
may accept donations of any necessary funds from the Foundation
and other private sector sources to design, construct, and
maintain the memorial.
(2) Account in treasury.--The Secretary shall deposit
amounts that are accepted under this subsection into a separate
account in the Treasury established for such purpose. Amounts
deposited into the account shall be available for expenditure
by the Secretary without further appropriation to carry out
this Act.
SEC. 4. REPORTS.
(a) Periodic Reports.--Not later than 6 months after the date of
enactment of this Act, and each 6 months thereafter until the
submission of a final report under subsection (b), the Secretary of the
Interior shall transmit to the Congress a report on activities with
regard to the memorial.
(b) Final Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the Congress a
final report on activities with regard to the memorial, including the
recommended design of the memorial.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated to the Secretary of the Interior such sums as may be
necessary for carrying out this Act.
(b) Limitation.--No sums may be appropriated to the Secretary for
the construction of the memorial unless at least one-half of the
estimated total cost of the construction of the memorial is donated
from private sources pursuant to section 3(d). | National Slave Memorial Act - Authorizes the National Foundation for African American Heritage to establish, in the District of Columbia, a memorial to slavery to: (1) acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies; and (2) honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty U.S. contribution.Expresses the sense of Congress that the memorial should be situated in a specified area near the Lincoln Memorial. Requires the Secretary of the Interior and the National Capital Memorial Commission to determine a location for the memorial. |
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 ``Taking Account of Institutions with
Low Operation Risk Act of 2017'' or the ``TAILOR Act of 2017''.
SEC. 2. REGULATIONS APPROPRIATE TO BUSINESS MODELS.
(a) In General.--For any regulatory action occurring after the date
of the enactment of this Act, each Federal financial institutions
regulatory agency shall--
(1) take into consideration the risk profile and business
models of each type of institution or class of institutions
subject to the regulatory action;
(2) determine the necessity, appropriateness, and impact of
applying such regulatory action to such institutions or classes
of institutions; and
(3) tailor such regulatory action in a manner that limits
the regulatory compliance impact, cost, liability risk, and
other burdens, as appropriate, for the risk profile and
business model of the institution or class of institutions
involved.
(b) Other Considerations.--In carrying out the requirements of
subsection (a), each Federal financial institutions regulatory agency
shall consider--
(1) the impact that such regulatory action, both by itself
and in conjunction with the aggregate effect of other
regulations, has on the ability of the applicable institution
or class of institutions to serve evolving and diverse customer
needs;
(2) the potential impact of examination manuals, regulatory
actions taken with respect to third-party service providers, or
other regulatory directives that may be in conflict or
inconsistent with the tailoring of such regulatory action
described in subsection (a)(3); and
(3) the underlying policy objectives of the regulatory
action and statutory scheme involved.
(c) Notice of Proposed and Final Rulemaking.--Each Federal
financial institutions regulatory agency shall disclose in every notice
of proposed rulemaking and in any final rulemaking for a regulatory
action how the agency has applied subsections (a) and (b).
(d) Reports to Congress.--
(1) Individual agency reports.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act and annually
thereafter, each Federal financial institutions
regulatory agency shall report to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate on the specific actions taken to tailor the
regulatory actions of the agency pursuant to the
requirements of this Act.
(B) Appearance before the committees.--The head of
each Federal financial institution regulatory agency
shall appear before the Committee on Financial Services
of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate after
each report is made pursuant to subparagraph (A) to
testify on the contents of such report.
(2) FIEC reports.--
(A) In general.--Not later than 3 months after each
report is submitted under paragraph (1), the Financial
Institutions Examination Council shall report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate on--
(i) the extent to which regulatory actions
tailored pursuant to this Act result in
different treatment of similarly situated
institutions of diverse charter types; and
(ii) the reasons for such differential
treatment.
(B) Appearance before the committees.--The Chairman
of the Financial Institutions Examination Council shall
appear before the Committee on Financial Services of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate after
each report is made pursuant to subparagraph (A) to
testify on the contents of such report.
(e) Limited Look-Back Application.--
(1) In general.--Each Federal financial institutions
regulatory agency shall conduct a review of all regulations
adopted during the period beginning on the date that is seven
years before the date of the introduction of this Act in the
House of Representatives and ending on the date of the
enactment of this Act, and apply the requirements of this Act
to such regulations.
(2) Revision.--If the application of the requirements of
this Act to any such regulation requires such regulation to be
revised, the applicable Federal financial institutions
regulatory agency shall revise such regulation within 3 years
of the enactment of this Act.
(f) Definitions.--In this Act, the following definitions shall
apply:
(1) Federal financial institutions regulatory agencies.--
The term ``Federal financial institutions regulatory agencies''
means the Office of the Comptroller of the Currency, the Board
of Governors of the Federal Reserve System, the Federal Deposit
Insurance Corporation, the National Credit Union
Administration, and the Bureau of Consumer Financial
Protection.
(2) Regulatory action.--The term ``regulatory action''
means any proposed, interim, or final rule or regulation,
guidance, or published interpretation.
SEC. 3. REDUCTION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS.
(a) In General.--Section 7(a)(3)(A) of the Federal Reserve Act (12
U.S.C. 289(a)(3)(A)) is amended by striking ``$7,500,000,000'' and
inserting ``$7,385,714,000''.
(b) Effective Date.--Subsection (a) shall take effect on June 1,
2018.
Passed the House of Representatives March 14, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Taking Account of Institutions with Low Operation Risk Act of 2017 or the TAILOR Act of 2017 (Sec. 2) This bill requires federal financial regulatory agencies to: (1) tailor any regulatory actions so as to limit burdens on the institutions involved, with consideration of the risk profiles and business models of those institutions; and (2) report to Congress on specific actions taken to do so, as well as on other related issues. The bill's tailoring requirement applies not only to future regulatory actions but also to regulations adopted within the last seven years. (Sec. 3) The bill amends the Federal Reserve Act to lower the maximum allowable amount of surplus funds of the Federal Reserve banks. |
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 ``Freedom to Improve Educational
Achievement Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the ability of the United States to declare more
effective educational services to its citizens, especially
disadvantaged citizens and traditionally underserved citizens,
is of primary importance to the national security and to the
continued role of the United States as a world leader;
(2) the ability of local school authorities to effectively
administer and improve the public schools under their
leadership is impeded by the paperwork burden and regulatory
limitations imposed by numerous education programs administered
by the Federal Government and by the States;
(3) because American society and student needs are changing
quickly, schools and schooling must be flexible and innovative
in order to sustain relevance and vitality in an increasingly
challenging world;
(4) educational funding flexibility at the State and local
level has proven to be effective means toward educational
reform in States nationwide, and this flexibility should be
expanded to cover Federal requirements that may impede
educational achievement; and
(5) real and fundamental change in the structure of schools
and education will emerge from school reform initiatives and
such change should be based on professional knowledge and a
solid foundation of research.
SEC. 3. PURPOSE.
The purpose of this Act is to allow States, local educational
agencies, and schools the flexibility to use and combine Federal,
State, and local funds to improve the educational achievement of all
elementary and secondary school students, including students with
disabilities, students who are disadvantaged, and students who are
limited English proficient, and to help schools and students meet the
National Education Goals by waiving certain statutory and regulatory
requirements (not including the appropriate protections with respect to
civil rights, discrimination, and safety).
SEC. 4. PROGRAM AUTHORIZED.
(a) Education Programs.--The Secretary of Education is authorized
to waive certain Federal statutory and regulatory requirements (except
as provided in section 6) for States, local educational agencies, and
schools that can demonstrate that such waivers are part of efforts to
achieve education reform and meet the National Education Goals for all
students, where such waivers are part of a State or local systemic
reform plan, and where such States and local educational agencies have
implemented similar waiver plans.
(b) Additional Programs.--Waivers may also be requested for
requirements regarding the following programs:
(1) The Head Start Act.
(2) The Runaway and Homeless Youth Act.
(3) The Juvenile Justice and Delinquency Prevention Act.
(4) The National School Lunch Act.
(5) The School Breakfast Program.
(6) The Child and Adult Care Food Program.
(7) The Special School Milk Program.
(8) The Summer Food Service Program.
(9) The Community Services Block Grant Program.
If such waivers are requested, the Secretary shall consult with the
heads of other appropriate Federal agencies, if any, in determining
whether to approve a project. The Secretary shall obtain the approval
of such agency head as part of final approval of such project.
SEC. 5. APPLICATIONS.
(a) General Requirements.--A school, local educational agency, or
State that desires to receive a waiver under this Act shall--
(1) indicate which Federal requirements are to be waived
and how waiving such requirements will improve educational
achievement among all students;
(2) describe educational programs and goals being proposed
and how such programs will meet the needs of all students;
(3) identify the Federal programs to be included in the
project;
(4) indicate which State and local requirements to be
waived;
(5) describe specific, measurable educational improvement
goals and expected outcomes for all affected students;
(6) describe methods to be used to measure progress toward
meeting such goals;
(7) describe how programs will continue to focus on the
same populations served by programs for which waivers are
requested;
(8) describe how students not now eligible for programs for
which waivers are granted can be served without weakening the
program benefits for eligible populations; and
(9) describe the student population at proposed schools,
including--
(A) current data regarding the achievement levels
of students, particularly disadvantaged students;
(B) the number of students who--
(i) are of limited English proficiency, as
defined in section 7003(a)(1) of the Bilingual
Education Act;
(ii) are children with disabilities, as
defined in section 602(a)(1) of the Individuals
with Disabilities Education Act;
(iii) are currently or were, within the
past 5 years, migratory;
(iv) are educationally disadvantaged for
the purposes of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965;
and
(v) are eligible for a free or reduced-
price lunch.
(b) Additional Requirements.--The Secretary of Education may
include additional requirements as may reasonably be required.
(c) Individual School Applications.--A local school that desires to
receive a waiver under this Act shall submit an application to the
local educational agency, which, after review, shall submit such
application to the State educational agency.
(d) Local Applications.--(1) A local educational agency that
desires to receive a waiver under this Act shall submit an application
to the State educational agency for review.
(2) A State educational agency that approves an application
submitted by a local educational agency shall forward such application
to the Secretary of Education for consideration.
(3) If an application requests a waiver for a program other than an
education program, the State educational agency shall submit such
application to the chief executive of the State for review before
forwarding such application to the Secretary of Education.
(e) State Applications.--(1) A State educational agency that
desires to receive a waiver under this Act shall submit an application
to the Secretary of Education for consideration, unless such
application requires waivers for other than education programs.
(2) Such application shall be submitted to the chief executive of
the State for review before forwarding such application to the
Secretary of Education.
SEC. 6. WAIVER RESTRICTIONS.
Nothing in this section shall be construed to authorize any changes
in, substitutions for, or lessening of the protections of Federal laws
and regulations regarding civil rights, discrimination, and safety or
to affect regulations and prohibitions concerning the diversion of
Federal funds for private use. Requirements which shall not be waived
include--
(1) requirements governing fund allocations;
(2) requirements governing privacy of pupil records;
(3) requirements under title VI of the Civil Rights Act of
1964;
(4) provisions of section 504 of the Rehabilitation Act of
1973;
(5) provisions of title II of the Americans with
Disabilities Act;
(6) requirements of title IX of the Education Amendments of
1972;
(7) requirements of parts A, B, and H under the Individuals
with Disabilities Education Act;
(8) requirements governing--
(A) maintenance of effort;
(B) comparability; or
(C) the equitable participation of students
attending private schools; and
(9) requirements on parental participation and involvement.
SEC. 7. EVALUATIONS AND TECHNICAL ASSISTANCE.
(a) Waivers.--Three years after a waiver is provided to a school or
local educational agency, the Secretary of Education shall evaluate the
effectiveness of such waiver, based on reports and evaluations
conducted by the State educational agency, in meeting the goals
outlined in their application, in achieving educational reform, in
raising student achievement for all students, including students with
disabilities, students who are disadvantaged, and students who are
limited English proficient, and in meeting the National Education
Goals.
(b) Technical Assistance.--If the Secretary determines that
progress in achieving education reform is not satisfactory, the
Secretary may provide technical assistance to a school or local
educational agency.
(c) Termination.--If the Secretary determines that the technical
assistance does not improve education reform efforts, the Secretary may
immediately terminate any waivers previously granted.
(d) National Evaluation.--Three years after the flexibility program
is implemented and at the end of every succeeding 3-year period, the
Secretary shall evaluate the effectiveness of the flexibility program
nationwide. The findings of such evaluation shall be submitted to the
Congress not later than 120 days after such evaluation is completed.
SEC. 8. REPORTS.
(a) Local Reports.--A local educational agency or school that
participates in a flexibility project under this Act shall submit an
annual report to the State educational agency that--
(1) describes project activities;
(2) evaluates the progress in achieving the goals stated in
the application; and
(3) evaluates the effectiveness of coordinating services
for students and their families.
(b) State Reports.--(1) A State that participates in a flexibility
project under this Act shall submit an annual report to the Secretary
of Education which evaluates the progress in achieving goals stated in
the application.
(2) The State Educational Agency, upon receipt of reports of local
educational agencies or schools participating in a flexibility project,
shall review such documents and evaluate the progress of such programs
in elevating academic achievement for all students, accomplishing
education reform and meeting the National Education Goals. Such reports
and evaluations shall be submitted to the Secretary of Education on an
annual basis.
(c) Secretary Reports.--The Secretary of Education shall submit to
the Congress a biennial report, based on State reports, regarding the
national progress of flexibility programs and the effect of such
programs on improving educational achievement for all students and
meeting the National Education Goals. The Secretary shall disseminate
information on exemplary practices through the National Diffusion
Network. | Freedom to Improve Educational Achievement Act - Authorizes the Secretary of Education to waive certain Federal statutory and regulatory requirements, with specified exceptions, for States, local educational agencies, and schools as part of systemic educational reform and efforts to meet the national education goals for all children. Allows additional waivers for specified related programs, with the approval of the appropriate Federal agency.
Sets forth requirements for waiver applications, restrictions, evaluations, and 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 ``Countering Illegal Firearms
Trafficking to Mexico Act''.
SEC. 2. COLLABORATION BETWEEN U.S. IMMIGRATIONS AND CUSTOMS ENFORCEMENT
AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES.
The President shall design and implement a strategy to improve
collaboration between U.S. Immigrations and Customs Enforcement and the
Bureau of Alcohol, Tobacco, Firearms, and Explosives in the
investigation of illegal firearm trafficking to Mexico, including
formal monitoring of the implementation of the 2009 Memorandum of
Understanding between the Bureau of Alcohol, Tobacco, Firearms, and
Explosives and U.S. Immigrations and Customs Enforcement.
SEC. 3. COMPREHENSIVE INDICATORS TO STEM ARMS TRAFFICKING TO MEXICO.
Not later than 120 days after the date of the enactment of this
Act, the Office of National Drug Control Policy shall establish
comprehensive indicators that more accurately reflect progress made in
efforts to stem arms trafficking to Mexico.
SEC. 4. FIREARMS TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
``(a) Offenses.--It shall be unlawful for any person, regardless of
whether anything of value is exchanged--
``(1) to ship, transport, transfer, or otherwise dispose to
a person, 2 or more firearms in or affecting interstate or
foreign commerce, if the transferor knows or has reasonable
cause to believe that such use, carry, possession, or
disposition of the firearm would be in violation of, or would
result in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(2) to receive from a person, 2 or more firearms in or
affecting interstate or foreign commerce, if the recipient
knows or has reasonable cause to believe that such receipt
would be in violation of, or would result in a violation of any
Federal, State, or local law punishable by a term of
imprisonment exceeding 1 year;
``(3) to make a statement to a licensed importer, licensed
manufacturer, or licensed dealer relating to the purchase,
receipt, or acquisition from a licensed importer, licensed
manufacturer, or licensed dealer of 2 or more firearms that
have moved in or affected interstate or foreign commerce that--
``(A) is material to--
``(i) the identity of the actual buyer of
the firearms; or
``(ii) the intended trafficking of the
firearms; and
``(B) the person knows or has reasonable cause to
believe is false; or
``(4) to direct, promote, or facilitate conduct specified
in paragraph (1), (2), or (3).
``(b) Penalties.--
``(1) In general.--Any person who violates, or conspires to
violate, subsection (a) shall be fined under this title,
imprisoned for not more than 20 years, or both.
``(2) Organizer enhancement.--If a violation of subsection
(a) is committed by a person in concert with 5 or more other
persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of
management, such person may be sentenced to an additional term
of imprisonment of not more than 5 consecutive years.
``(c) Definitions.--In this section--
``(1) the term `actual buyer' means the person for whom a
firearm is being purchased, received, or acquired; and
``(2) the term `term of imprisonment exceeding 1 year' does
not include any offense classified by the applicable
jurisdiction as a misdemeanor and punishable by a term of
imprisonment of 2 years or less.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
such title is amended by adding at the end the following:
``932. Trafficking in firearms.''.
SEC. 5. REQUIREMENT THAT FEDERAL FIREARMS LICENSEES REPORT MULTIPLE
SALES OF FIREARMS.
Section 923(g)(3)(A) of title 18, United States Code, is amended by
striking ``pistols, or revolvers, or any combination of pistols and
revolvers totalling two or more,'' and inserting ``firearms''.
SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ABOUT FIREARMS SEIZED BY
MEXICO AND SUBMITTED TO THE BUREAU OF ALCOHOL, TOBACCO,
FIREARMS, AND EXPLOSIVES FOR TRACING.
Within 30 days after the beginning of each fiscal year that begins
more than 120 days after the date of the enactment of this Act, the
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall make public
detailed information about the type, make, model, and caliber of each
firearm seized by authorities of the Government of Mexico and submitted
to the Bureau for tracing.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 30 days after the date of the enactment of this Act. | Countering Illegal Firearms Trafficking to Mexico Act This bill amends the federal criminal code to make trafficking in firearms a stand-alone criminal offense. A person who commits or conspires to commit a gun trafficking offense is subject to criminal penalties—a prison term of up to 20 years (or up to 25 years, if the person also acted as an organizer), a fine, or both. The bill directs the President to design and implement a strategy to improve collaboration between the U.S. Immigration and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the investigation of illegal firearms trafficking to Mexico. The Office of National Drug Control Policy must establish indicators to measure the progress of efforts to stem firearms trafficking to Mexico. The ATF must publish detailed information about each firearm seized by Mexican authorities and submitted to the ATF for tracing. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Voting Systems Standards
Act of 2001''.
SEC. 2. ELECTION VOTING SYSTEMS STANDARDS COMMISSION.
(a) Establishment.--The Director of the National Institute of
Standards and Technology, in consultation with the chairman of the
Federal Election Commission, shall establish the Election Voting
Systems Standards Commission (in this Act referred to as the
``Commission'').
(b) Membership.--The Commission shall consist of the following
members:
(1) The Director of the National Institute of Standards and
Technology, who shall serve as the chair of the Commission.
(2) The chairman of the Federal Election Commission, who
shall serve as the vice-chair of the Commission.
(3) Two representatives of the National Association of
State Election Directors, selected by that association.
(4) Two representatives of the National Governors
Association, selected by that association.
(5) One representative of the American National Standards
Institute, selected by that institute.
(6) Not more than 5 additional members that the Director of
the National Institute of Standards and Technology, in
consultation with the chairman of the Federal Election
Commission, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leader of the Senate,
considers appropriate.
(c) Responsibilities.--
(1) Standards and criteria.--The Commission shall
establish--
(A) a set of technical performance-based standards
relating to the accuracy, integrity, and security of
voting products and systems used in Federal elections;
and
(B) criteria for the selection of an organization
to operate the National Election Systems Standards
Laboratory under section 3.
Not later than 9 months after the date of the enactment of this
Act, the Commission shall transmit to the Congress a report
containing the standards and criteria established under this
paragraph.
(2) Testing and certification.--The Commission shall--
(A) develop uniform testing and evaluation
procedures suitable for determining the conformance of
voting products and systems to the standards
established under paragraph (1)(A);
(B) establish procedures for the certification, by
the Laboratory established under section 3, of non-
Federal laboratories to perform the testing and
evaluation procedures developed under subparagraph (A)
of this paragraph; and
(C) make recommendations for methods of promoting
the use of the testing and evaluation procedures
developed under subparagraph (A) of this paragraph.
Not later than 1 year after the date of the enactment of this
Act, the Commission shall transmit to the Congress a report
containing the procedures developed or established under
subparagraphs (A) and (B) of this paragraph, and the
recommendations described in subparagraph (C).
SEC. 3. NATIONAL ELECTION SYSTEMS STANDARDS LABORATORY.
(a) Establishment.--The Director of the National Institute of
Standards and Technology shall select an organization to operate the
National Election Systems Standards Laboratory (in this section
referred to as the ``Laboratory'').
(b) Selection.--Selection of the Laboratory under subsection (a)
shall be carried out--
(1) in accordance with criteria established under section
2(c)(1)(B); and
(2) through a merit-based competition open to any
nonprofit, nonpartisan research entity or consortium.
(c) Functions.--The Laboratory shall--
(1) investigate and analyze issues with respect to voting
products and systems and their conformance to the standards
established under section 2(c)(1)(A), including--
(A) human factors in the design and application of
voting systems; and
(B) the design of remote-access voting systems;
(2) certify non-Federal laboratories to perform the testing
and evaluation procedures developed under section 2(c)(2)(A);
and
(3) maintain and make available to the public a list of
voting products and systems that have been tested and evaluated
by non-Federal laboratories certified under paragraph (2) and
that are found to be in conformance with the standards
established under section 2(c)(1)(A). | Election Voting Systems Standards Act of 2001 - Directs the Director of the National Institute of Standards and Technology to establish the Election Voting Systems Standards Commission to: (1) establish a set of technical performance-based standards relating to the accuracy, integrity, and security of voting products and systems used in Federal elections, and criteria for the selection of an organization to establish and operate the National Election Systems Standards Laboratory; (2) develop uniform testing and evaluation procedures suitable for determining the conformance of voting products and systems to such standards; (3) establish procedures for Laboratory certification of non-Federal laboratories to perform such testing and evaluation procedures; and (4) make recommendations for methods of promoting their use.Requires the Director to select an organization to operate the Laboratory.Requires the Laboratory to: (1) investigate and analyze issues with respect to voting products and systems and their conformance to the standards established under this Act; (2) certify non-Federal laboratories to perform the testing and evaluation procedures developed under this Act; and (3) maintain and make available to the public a list of voting products and systems that have been tested and evaluated by non-Federal laboratories certified and found to be in conformance with such standards. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Alzheimer's
Disease Cooperation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is in the highest national interests of the United
States to further research into Alzheimer's disease.
(2) The State of Israel is a steadfast ally of the United
States.
(3) The special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation;
(B) the United States-Israel Binational Industrial
Research and Development Foundation; and
(C) the United States-Israel Energy Cooperation
Act.
(4) Those programs have made possible many scientific,
technological, and commercial breakthroughs in fields including
the life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and energy development.
(5) Israeli scientists are at the forefront of research and
development in the field of Alzheimer's disease.
(6) Enhanced cooperation between the United States and
Israel for the purpose of research in Alzheimer's disease would
be in the national interests of both countries.
SEC. 3. GRANTS FOR ALZHEIMER'S DISEASE RESEARCH.
(a) Grant Program.--
(1) Establishment.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall establish a program of awarding grants to support
research on the development and commercialization of applicable
tools, treatments, and cures for Alzheimer's disease and other
dementias.
(2) Eligible projects.--To be eligible for funding under
this section, a project shall--
(A) be designed to further research described in
paragraph (1); and
(B) be a joint venture between--
(i)(I) a for-profit business entity,
academic institution, National Laboratory (as
defined in section 2 of the Energy Policy Act
of 2005 (42 U.S.C. 15801)), or nonprofit entity
in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(3) Applications.--To seek a grant under this section, an
applicant shall submit to the Secretary an application in
accordance with procedures established by the Secretary, in
consultation with the advisory board established under
paragraph (4).
(4) Advisory board.--
(A) Establishment.--The Secretary shall establish
an advisory board--
(i) to monitor the method by which grants
are awarded under this section; and
(ii) to provide to the Secretary periodic
performance reviews of actions taken to carry
out this section.
(B) Composition.--The advisory board established
under subparagraph (A) shall be composed of 3 members,
to be appointed by the Secretary, of whom--
(i) 1 shall be a representative of the
Federal Government;
(ii) 1 shall be selected from a list of
nominees provided by the United States-Israel
Binational Science Foundation; and
(iii) 1 shall be selected from a list of
nominees provided by the United States-Israel
Binational Industrial Research and Development
Foundation.
(5) Contributed funds.--Notwithstanding section 3302 of
title 31, United States Code, the Secretary may accept, retain,
and use funds contributed by any person, government entity, or
organization for purposes of carrying out this section--
(A) without further appropriation; and
(B) without fiscal year limitation.
(6) Report.--Not later than 180 days after the date of
completion of a project for which a grant is provided under
this section, the grant recipient shall submit to the Secretary
a report that contains--
(A) a description of the method by which the
recipient used the grant funds; and
(B) an evaluation of the level of success of each
project funded by the grant.
(7) Classification.--Grants shall be awarded under this
section only for projects that are considered to be
unclassified by both the United States and Israel.
(b) Termination.--The grant program and the advisory committee
established under this section terminate on the date that is 7 years
after the date of enactment of this Act.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for the period of
fiscal years 2015 through 2021. Any amounts appropriated pursuant to
this subsection shall be in addition to amounts accepted, retained, and
used pursuant to subsection (a)(5). | United States-Israel Alzheimer's Disease Cooperation Act - Directs the Secretary of Health and Human Services (HHS) to establish a program of grants to support research on the development and commercialization of tools, treatments, and cures for Alzheimer's disease and other dementias. Requires eligible projects to be joint ventures between U.S. and Israeli non-governmental entities or the U.S. and Israeli governments. Establishes an advisory board to monitor the method by which grants are awarded and to provide performance reviews of actions taken to carry out 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 ``Youth Violence Prevention Act of
1999''.
SEC. 2. PROHIBITION ON FIREARMS OR AMMUNITION POSSESSION BY VIOLENT
JUVENILE OFFENDERS.
(a) Definition.--Section 921(a)(20) of title 18, United States
Code, is amended by--
(1) inserting ``(A)'' after ``(20)'';
(2) redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(3) inserting after clause (ii) the following:
``(B) For purposes of section 922(d) and (g) of
this title, the term `act of violent juvenile
delinquency' means an adjudication of delinquency in
Federal or State court, based on a finding of the
commission of an act by a person prior to his or her
eighteenth birthday that, if committed by an adult,
would be a serious violent felony, as defined in
section 3559(c)(2)(F)(i) of this title, had Federal
jurisdiction been exercised (except that section
3559(c)(3) shall not apply to this subparagraph):'';
and
(4) striking ``What constitutes'' through ``this chapter,''
and inserting:
``(C) What constitutes a conviction of such a crime
or an adjudication of an act of violent juvenile
delinquency shall be determined in accordance with the
law of the jurisdiction in which the proceedings were
held. Any State conviction or adjudication of an act of
violent juvenile delinquency that has been expunged or
set aside, or for which a person has been pardoned or
has had civil rights restored, by the jurisdiction in
which the conviction or adjudication of an act of
violent juvenile delinquency occurred shall not be
considered a conviction or adjudication of an act of
violent juvenile delinquency for purposes of this
chapter,''.
(b) Prohibition.--Section 922 of title 18, United States Code is
amended--
(1) in subsection (d)--
(A) in paragraph (8), by striking ``or'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; or'' ; and
(C) by inserting after paragraph (9) the following:
``(10) has committed an act of violent juvenile
delinquency.''; and
(2) in subsection (g)--
(A) in paragraph (8), by striking ``or'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; or'' ; and
(C) by inserting after paragraph (9) the following:
``(10) has committed an act of violent juvenile
delinquency.''.
(c) Effective Date of Adjudication Provisions.--The amendments made
by this section shall apply only to an adjudication of an act of
violent juvenile delinquency that occurs after the date that is 30 days
after the date on which the Attorney General notifies Federal firearms
licensees, through publication in the Federal Register by the Secretary
of the Treasury, that the records of such adjudications are routinely
available in the national instant criminal background check system
established under section 103(b) of the Brady Handgun Violence
Prevention Act.
SEC. 3. STRAW PURCHASE PENALTIES.
(a) Straw Purchase Penalties.--Section 924(a)(2) of title 18,
United States Code, is amended to read as follows:
``(2) Whoever knowingly violates--
``(A) subsection (d), (g), (h), (i), (j) or (o) of
section 922 shall be fined as provided in this title,
imprisoned not more than 10 years, or both; and
``(B) section 922(a)(6) shall be fined as provided
in this title, imprisoned not more than 10 years, or
both, except--
``(i) whoever knowingly violates subsection
(a)(6) for the purpose of selling, delivering,
or otherwise transferring a firearm knowing or
having reasonable cause to know that another
will carry or otherwise possess or discharge or
otherwise use the firearm in the commission of
a violent felony, shall be--
``(I) fined under this title,
imprisoned not more than 15 years, or
both; or
``(II) fined under this title,
imprisoned not more than 20 years, or
both where the procurement is for a
juvenile; and
``In this paragraph, the term `violent felony' means conduct
described in section 924(e)(2)(B) of this title and the term
`juvenile' has the same meaning as in section 922(x).''.
(b) Effective Date.--The amendment made by this section shall take
effect 180 days after the date of enactment of this Act.
SEC. 4. JUVENILE WEAPONS PENALTIES.
(a) Juvenile Weapons Penalties.--Section 924(a) of title 18 United
States Code, is amended--
(1) in paragraph (4), by striking ``Whoever'' and inserting
``Except as provided in paragraph (6), whoever''; and
(2) by striking paragraph (6) and inserting the following:
``(6)(A) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, except--
``(i) a juvenile shall be sentenced to probation on
appropriate conditions and shall not be incarcerated
unless the juvenile fails to comply with a condition of
probation, if--
``(I) the offense of which the juvenile is
charged is possession of a handgun or
ammunition in violation of section 922(x)(2);
and
``(II) the juvenile has not been convicted
in any court of an offense (including an
offense under section 922(x) or a similar State
law, but not including any other offense
consisting of conduct that if engaged in by an
adult would not constitute an offense) or
adjudicated as a juvenile delinquent for
conduct that if engaged in by an adult would
constitute an offense; or
``(ii) a juvenile shall be fined under this title,
imprisoned not more than 20 years, or both, if--
``(I) the offense of which the juvenile is
charged is possession of a handgun or
ammunition in violation of section 922(x)(2);
and
``(II) during the same course of conduct in
violating section 992(x)(2), the juvenile
violated section 922(q), with the intent to
carry or otherwise possess or discharge or
otherwise use the handgun or ammunition in the
commission of a violent felony.
``(B) A person other than a juvenile who knowingly violates
section 922(x)--
``(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or
discharge or otherwise use the handgun or ammunition in
the commission of a violent felony, shall be fined
under this title, imprisoned not more than 20 years, or
both.
``(C) In this paragraph, the term `violent felony' means
conduct as described in section 924(e)(2)(B) of this title.
``(D) Except as otherwise provided in this chapter, in any
case in which a juvenile is prosecuted in a district court of
the United States, and the juvenile is subject to the penalties
under paragraph (A)(ii), the juvenile shall be subject to the
same laws, rules, and proceedings regarding sentencing
(including the availability of probation, restitution, fines,
forfeiture, imprisonment, and supervised release) that would be
applicable in the case of an adult. No juvenile sentenced to a
term of imprisonment shall be released from custody simply
because the juvenile reaches the age of 18 years.''.
(b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of
title 18, United States Code, is amended to read as follows:
``(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(3) This subsection does not apply to the following:
``(A)(i) A temporary transfer of a handgun or ammunition to
a juvenile or to the possession or use of a handgun or
ammunition by a juvenile if the handgun or ammunition are
possessed and used by the juvenile--
``(I) in the course of employment;
``(II) in the course of ranching or farming related
to activities at the residence of the juvenile (or on
property used for ranching or farming at which the
juvenile, with the permission of the property owner or
lessee, is performing activities related to the
operation of the farm or ranch);
``(III) for target practice;
``(IV) for hunting; or
``(V) for a course of instruction in the safe and
lawful use of a handgun.
``(ii) Clause (i) shall apply only if the juvenile's
possession and use of a handgun or ammunition under this
subparagraph are in accordance with State and local law and the
following conditions are met:
``(I)(aa) Except when a parent or guardian of the
juvenile is in the immediate and supervisory presence
of the juvenile, the juvenile shall have in the
juvenile's possession at all times when a handgun or
ammunition is in the possession of the juvenile, the
prior written consent of the juvenile's parent or
guardian who is not prohibited by Federal, State, or
local law from possessing a firearm or ammunition; and
``(bb) during transportation by the juvenile
directly from the place of transfer to a place at which
an activity described in division (aa) is to take place
the handgun shall be unloaded and in a locked container
or case, and during the transportation by the juvenile
of that firearm, directly from the place at which such
an activity took place to the transferor, the handgun
shall also be unloaded and in a locked container or
case; or
``(II) With respect to ranching or farming
activities as described in subparagraph (A), a juvenile
may possess and use a handgun or ammunition with the
prior written approval of the juvenile's parent or
legal guardian, if such approval is on file with the
adult who is not prohibited by Federal, State, or local
law from possessing a firearm or ammunition and that
person is directing the ranching or farming activities
of the juvenile.
``(B) A juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun or ammunition in the line of duty.
``(C) A transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile.
``(D) The possession of a handgun or ammunition taken in
defense of the juvenile or other persons against an intruder
into the residence of the juvenile or a residence in which the
juvenile is an invited guest.
``(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the transferor is
not in violation of this subsection, shall not be subject to permanent
confiscation by the Government if its possession by the juvenile
subsequently becomes unlawful because of the conduct of the juvenile,
but shall be returned to the lawful owner when such handgun or
ammunition is no longer required by the Government for the purposes of
investigation or prosecution.
``(5) In this subsection, the term `juvenile' means a person who is
less than 18 years of age.
``(6) In a prosecution of a violation of this subsection, the
court--
``(A) shall require the presence of a juvenile defendant's
parent or legal guardian at all proceedings;
``(B) may use the contempt power to enforce subparagraph
(A); and
``(C) may excuse attendance of a parent or legal guardian
of a juvenile defendant at a proceeding in a prosecution of a
violation of this subsection for good cause shown.''.
(c) Effective Date.--The amendment made by this section shall take
effect 180 days after the date of enactment of this Act. | Youth Violence Prevention Act of 1999 - Amends the Brady Handgun Violence Prevention Act (the Act) to prohibit: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person has committed an act of violent juvenile delinquency; and (2) the shipment transport, or possession in interstate or foreign commerce of a firearm or ammunition, or the receipt of any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, by a person who has committed an act of violent juvenile delinquency.
Specifies that: (1) what constitutes an adjudication of an act of violent juvenile delinquency shall be determined in accordance with the law of the jurisdiction in which the proceedings were held; and (2) any State conviction or adjudication of such an act that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered a conviction or adjudication of an act of violent juvenile delinquency for purposes of the Act.
Amends the Act to set penalties for: (1) straw purchases of firearms (transferring a firearm knowing or having reasonable cause to know that another will carry or otherwise possess, discharge, or use the firearm in the commission of a violent felony); (2) possession by a juvenile of a handgun or ammunition in violation of Act provisions regarding transfer to a person, whom the transferor knows or has reasonable cause to believe is a juvenile, of a handgun or ammunition suitable for use only in a handgun, and, during the same course of conduct, violating provisions regarding possession of a firearm in a school zone, with intent to carry or otherwise possess, discharge, or otherwise use the handgun or ammunition in the commission of a violent felony; and (3) persons other than juveniles who knowingly violate provisions of the Act regarding the transfer to a person, whom the transferor knows or has reasonable cause to believe is a juvenile, of a handgun or ammunition suitable for use only in a handgun, knowing or having reasonable cause to know that another will carry or otherwise possess, discharge, or use the firearm in the commission of a violent felony.
Tightens restrictions under the Act on temporary transfers of a handgun or ammunition to, and possession or use by, a juvenile. Makes current exemptions regarding such transfers applicable only if the juvenile's possession and use of a handgun or ammunition are in accordance with State and local law and if specified other conditions apply. |
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 ``TRICARE Continuity of Coverage for
National Guard and Reserve Families Act of 2008''.
SEC. 2. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED
RESERVE, AND FAMILY MEMBERS, WHO ARE QUALIFIED FOR A NON-
REGULAR RETIREMENT BUT ARE NOT YET AGE 60.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076d the following new section:
``Sec. 1076e. TRICARE program: TRICARE standard coverage for certain
members of the Retired Reserve who are qualified for a
non-regular retirement but are not yet age 60
``(a) Eligibility.--(1) Except as provided in paragraph (2), a
member of the Retired Reserve of a Reserve component of the Armed
Forces who is qualified for a non-regular retirement at age 60 under
chapter 1223, but is not age 60, is eligible for health benefits under
TRICARE Standard as provided in this section.
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.
``(b) Termination of Eligibility Upon Obtaining Other TRICARE
Standard Coverage.--Eligibility for TRICARE Standard coverage of a
member under this section shall terminate upon the member becoming
eligible for TRICARE Standard coverage at age 60 under section 1086 of
this title.
``(c) Family Members.--While a member of a Reserve component is
covered by TRICARE Standard under the section, the members of the
immediate family of such member are eligible for TRICARE Standard
coverage as dependents of the member. If a member of a Reserve
component dies while in a period of coverage under this section, the
eligibility of the members of the immediate family of such member for
TRICARE Standard coverage under this section shall continue for the
same period of time that would be provided under section 1086 of this
title if the member had been eligible at the time of death for TRICARE
Standard coverage under such section (instead of under this section).
``(d) Premiums.--(1) A member of a Reserve component covered by
TRICARE Standard under this section shall pay a premium for that
coverage.
``(2) The Secretary of Defense shall prescribe for the purposes of
this section one premium for TRICARE Standard coverage of members
without dependents and one premium for TRICARE Standard coverage of
members with dependents referred to in subsection (f)(1). The premium
prescribed for a coverage shall apply uniformly to all covered members
of the Reserve components covered under this section.
``(3) The monthly amount of the premium in effect for a month for
TRICARE Standard coverage under this section shall be the amount equal
to the cost of coverage that the Secretary determines on an appropriate
actuarial basis.
``(4) The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums under this subsection.
``(5) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(e) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.
``(f) Definitions.--In this section:
``(1) The term `immediate family', with respect to a member
of a Reserve component, means all of the member's dependents
described in subparagraphs (A), (D), and (I) of section 1072(2)
of this title.
``(2) The term `TRICARE Standard' means--
``(A) medical care to which a dependent described
in section 1076(a)(2) of this title is entitled; and
``(B) health benefits contracted for under the
authority of section 1079(a) of this title and subject
to the same rates and conditions as apply to persons
covered under that section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1076d the following new item:
``1076e. TRICARE program: TRICARE standard coverage for certain members
of the Retired Reserve who are qualified
for a non-regular retirement but are not
yet age 60.''.
(c) Effective Date.--Section 1076e of title 10, United States Code,
as inserted by subsection (a), shall apply to coverage for months
beginning on or after October 1, 2009, or such earlier date as the
Secretary of Defense may specify. | TRICARE Continuity of Coverage for National Guard and Reserve Families Act of 2008 - Makes a member of the Retired Reserve who is qualified for a non-regular (reserve) retirement at age 60, but is not yet 60, eligible for health benefits under TRICARE Standard (a Department of Defense (DOD) managed health care program for members of the reserves). Terminates such eligibility when the member becomes eligible for TRICARE Standard at age 60.
Includes immediate family members under such coverage.
Requires members to pay a premium for such coverage. |
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 ``Securing Job Corps Centers Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Department of Labor's management of the Job Corps
program has recently suffered from poor budgeting and financial
management. The Office of Inspector General of the Department
of Labor found that the Department had projected costs
erroneously and managerial factors exacerbated the resulting
budget shortfalls.
(2) For nearly 50 years, the Job Corps program was overseen
by a single individual appointed to a position in the Senior
Executive Service. The management structure for the program has
expanded to include 3 positions in the Senior Executive
Service. This expansion has not contributed to better
management of the program but has created uncertainty about
roles and responsibilities, according to the May 31, 2013,
report by the Office of Inspector General.
(3) The Department of Labor has not been sufficiently
transparent with Congress regarding policies that significantly
affect constituents, particularly decisions to suspend
enrollments or reduce the number of enrollees the Job Corps
program serves.
(4) An advisory board of Job Corps operational experts can
assist the new leadership of the Department of Labor as the
Department--
(A) addresses the structural challenges the Job
Corps program faces in its administration; and
(B) returns the program to the administrative and
operational efficiency that characterized the program's
first 50 years.
(b) Sense of Congress.--It is the sense of Congress that--
(1) local Job Corps center operational experts should play
an important role in ensuring the effective management by the
Secretary of the Job Corps program, by informing the Office of
Job Corps on the impact Federal decisions may have on Job Corps
campuses;
(2) the Job Corps program continues to produce results as
the economy of the United States recovers and unemployment
remains high, as more than 85 percent of Job Corps graduates
obtain a job, enroll in higher education, or enlist in the
military upon completion; and
(3) the 125 Job Corps center campuses, which includes
locations in nearly every State, have compiled an impressive
record of preparing at-risk youth for the workforce or higher
education, and in nearly 50 years, more than 3,000,000 youth
have obtained, through the Job Corps program, the job and
social skills needed to start a career or obtain further
educational credentials.
SEC. 3. JOB CORPS PROGRAM ADVISORY BOARD.
(a) Establishment.--
(1) In general.--There is established in the Department of
Labor the Job Corps Program Advisory Board (referred to in this
section as the ``Advisory Board'').
(2) Recommendations.--The Secretary, acting through the
Assistant Secretary for Employment and Training, shall solicit
and receive recommendations relating to the administration and
management structure of the Job Corps program from the Advisory
Board.
(b) Membership.--The Advisory Board shall be composed of 5 members
appointed by the Secretary, of whom--
(1) 1 shall be selected from recommendations submitted by
the Board of Directors of the National Job Corps Association;
and
(2) 4 shall be selected from recommendations submitted by
the chairpersons, in consultation with the ranking members, of
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives.
(c) Qualifications.--A majority of the individuals appointed to the
Board under subsection (b) shall have--
(1) backgrounds containing significant involvement in Job
Corps managing operations; or
(2) relevant management experience, in areas such as
financial management, procurement and contract administration,
and performance management, at a Job Corps center or at the
regional or national level of the Job Corps program.
(d) Period of Appointment; Vacancies.--Members of the Advisory
Board shall serve for the life of the Advisory Board. Any vacancy in
the Advisory Board shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(e) Chairperson.--The Advisory Board shall select a Chairperson
from among its members.
(f) Duties of the Advisory Board.--
(1) Administration and management structure study and
report.--
(A) Study.--The Advisory Board shall conduct a
thorough study of all matters relating to the
administration of and management structure for the Job
Corps program.
(B) Recommendations.--The Advisory Board shall
develop recommendations on ways of improving the
administration and management structure of the Job
Corps program, including reducing to 1 the number of
positions in the Senior Executive Service within the
program.
(C) Report.--Not later than 6 months after the date
of enactment of this Act, the Advisory Board shall
prepare and submit to the Secretary and the appropriate
committees of Congress--
(i) a report that contains a detailed
statement of the findings and conclusions of
the Advisory Board; and
(ii) recommendations for such legislation
and administrative actions as the Advisory
Board considers appropriate.
(2) Recommendations.--The Advisory Board shall receive each
report submitted under section 5(a)(2) and make recommendations
to the Assistant Secretary relating to the administration and
management structure for the Job Corps program in response to
the report or to requests by the Secretary.
(g) No Additional Compensation.--
(1) Voluntary service.--Each member of the Advisory Board
shall serve without compensation in addition to any such
compensation received for the member's service as an officer or
employee of the United States, if applicable.
(2) No travel expenses.--A member of the Advisory Board
shall not be allowed travel expenses while away from the
member's home or regular place of business in the performance
of services for the Advisory Board.
(h) Termination.--The Advisory Board shall terminate at the end of
the 2-year period during which the Secretary is not required to submit
any notification reports under section 5, unless the Secretary elects
to extend the life of the Advisory Board for any additional period of
time.
SEC. 4. IMPROVED ADMINISTRATION AND MANAGEMENT STRUCTURE.
(a) In General.--Not later than 60 days after receiving a report
under section 3(f)(1), the Secretary shall take action to improve the
administration and management structure of the Job Corps program, which
actions shall include reducing to 1 the number of positions in the
Senior Executive Service funded through the annual appropriations
provided for the Job Corps program. The individual appointed to the
position in the Senior Executive Service for the Job Corps program
shall be responsible for the fiscal, program, and procurement oversight
of the Job Corps program.
(b) Budget Plan.--Not later than 90 days after receiving the report
submitted under section 6, the Secretary shall prepare and submit a
plan detailing how the Secretary will address and prevent any current
or anticipated budget problem concerning the Job Corps program. The
Secretary shall submit the plan to the appropriate committees of
Congress.
SEC. 5. NOTIFICATION REPORTS.
(a) Report.--
(1) In general.--Not later than 120 days prior to
implementation of a policy described in subsection (b), the
Secretary, acting through the Assistant Secretary for
Employment and Training, shall prepare, and submit to the
appropriate committees of Congress, a report that contains a
notification regarding the policy.
(2) Submission to the advisory board.--The Secretary shall
submit any report prepared under paragraph (1) to the Job Corps
Program Advisory Board established under section 3 at the same
time as such report is submitted to Congress, until the date on
which the Advisory Board is terminated in accordance with
section 3(h).
(b) Policies Covered.--Subsection (a) applies to any policy
implemented by the Department of Labor that would--
(1) suspend the enrollment of applicants to participate in
the Job Corps program;
(2) reduce the number of positions available for enrollees
in the program; or
(3) affect the closure of a Job Corps center.
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
The Comptroller General of the United States shall conduct a
financial audit of the Job Corps program for fiscal years 2012 and
2013, and prepare and submit a report describing the results of the
audit. Such audit shall contain a full review of the financial
shortfalls relating to the program. The Comptroller General shall
submit the report to the Secretary and the appropriate committees of
Congress.
SEC. 7. FUNDING.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall reserve funds appropriated for fiscal year 2013 for the
Employment and Training Administration that have not been obligated as
of the date of enactment of this Act, and shall use such funds to carry
out the requirements of this Act.
(b) Availability.--The funds reserved under this section shall
remain available until expended.
SEC. 8. DEFINITIONS.
In this Act:
(1) Job corps.--The term ``Job Corps'' means the Job Corps
described in section 143 of the Workforce Investment Act of
1998 (29 U.S.C. 2882).
(2) Job corps center.--The term ``Job Corps center'' means
a center described in section 147 of the Workforce Investment
Act of 1998 (29 U.S.C. 2887).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor. | Securing Job Corps Centers Act - Expresses the sense of Congress with respect to the Job Corps program. Establishes the Jobs Corps Program Advisory Board in the Department of Labor. Directs the Board to conduct a study and develop recommendations for improving the administration and management structure of the Job Corps program. Directs the Secretary of Labor, acting through the Assistant Secretary for Employment and Training, to take actions to improve the administration and management structure of the Jobs Corps program, including reducing to one (currently, there are three) the number of Senior Executive Service positions within the program. Directs the Comptroller General (GAO) to conduct a financial audit of the Job Corps program for FY2012 and FY2013 and report the results to Congress. |
You are an expert at summarizing long articles. Proceed to summarize the following text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Access to Capital for
Entrepreneurial Leaders Act'' or the ``EXCEL Act''.
SEC. 2. PROGRAM AUTHORIZATION.
Section 303(b) of the Small Business Investment Act of 1958 (15
U.S.C. 683(b)) is amended, in the matter preceding paragraph (1), in
the first sentence, by inserting after ``issued by such companies'' the
following: ``, in a total amount that does not exceed $4,000,000,000
each fiscal year (adjusted annually to reflect increases in the
Consumer Price Index established by the Bureau of Labor Statistics of
the Department of Labor)''.
SEC. 3. FAMILY OF FUNDS.
Section 303(b)(2)(B) of the Small Business Investment Act of 1958
(15 U.S.C. 683(b)(2)(B)) is amended by striking ``$225,000,000'' and
inserting ``$350,000,000''.
SEC. 4. ADJUSTMENT FOR INFLATION.
Section 303(b)(2) is amended by adding at the end the following:
``(E) Adjustments.--
``(i) In general.--The dollar amounts in
subparagraph (A)(ii), subparagraph (B), and
subparagraph (C)(ii)(I) shall be adjusted
annually to reflect increases in the Consumer
Price Index established by the Bureau of Labor
Statistics of the Department of Labor (in this
subparagraph referred to as the `CPI').
``(ii) Applicability.--The adjustments
required by clause (i)--
``(I) with respect to dollar
amounts in subparagraphs (A)(ii) and
(C)(ii)(I) shall initially reflect
increases in the CPI during the period
beginning on the effective date of
section 505 of the American Recovery
and Reinvestment Act of 2009 (123 Stat.
156) through the date of enactment of
this subparagraph and annually
thereafter;
``(II) with respect to dollar
amounts in subparagraph (B) shall
reflect increases in the CPI annually
on and after the date of enactment of
this subparagraph.''.
SEC. 5. PUBLIC AVAILABILITY OF INFORMATION.
Section 303 of the Small Business Investment Act of 1958 (15 U.S.C.
683) is amended by adding at the end the following:
``(l) Access to Fund Information.--Annually, the Administrator
shall make public on its website the following information with respect
to each small business investment company:
``(1) The amount of capital deployed since fund inception.
``(2) The amount of leverage drawn since fund inception.
``(3) The number of investments since fund inception.
``(4) The number of businesses receiving capital since fund
inception.
``(5) Industry sectors receiving investment since fund
inception.
``(6) The amount of leverage principal repaid by SBIC since
fund inception.
``(7) A basic description of investment strategy.''.
SEC. 6. AUTHORIZED USES OF LICENSING FEES.
Section 301(e) of the Small Business Investment Act of 1958 (15
U.S.C. 681(e)) is amended--
(1) by striking ``(e)'' and inserting ``(d)''; and
(2) in paragraph (2)(B), by inserting before the period at
the end the following: ``and other small business investment
company program needs''.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) small business investment companies would benefit from
partnerships with community banks and other lenders, and should
work with community banks and other lenders, to ensure that if
community banks and other lenders deny an application by a
small business concern for a loan, the community banks or other
lenders will refer the small business concern to small business
investment companies; and
(2) the Administrator should--
(A) increase outreach to community banks and other
lenders to encourage community banks and other lenders
to invest in small business investment companies;
(B) use the Internet to make publicly available in
a timely manner which small business investment
companies are actively soliciting investments and
making investments in small business concerns;
(C) partner with governors, mayors, States, and
municipalities to increase outreach by small business
investment companies to underserved and rural areas;
and
(D) continue to make changes to the webpage for the
small business investment company program, to make the
webpage--
(i) a more prominent part of the website of
the Administration; and
(ii) more user-friendly. | Expanding Access to Capital for Entrepreneurial Leaders Act or EXCEL Act - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. Increases the maximum amount of outstanding leverage for two or more commonly-controlled SBICs. Authorizes annual inflationary adjustments of such limits.
Directs the Administrator to make publicly available on the SBA website specified fiscal and related information with respect to each SBIC.
Allows SBIC licensing fees to be used by the SBA for SBIC program needs other than the costs of licensing examinations.
Expresses the sense of Congress that SBICs would benefit from partnerships with community banks and other lenders, and that the Administrator should: (1) increase outreach to such banks and lenders for investment in SBICs; (2) use the Internet to publicize which SBICs are soliciting and making investments in small businesses; (3) partner with governors, mayors, states, and municipalities to increase outreach by SBICs to underserved and rural areas; and (4) revise and update the SBIC program webpage to make it more prominent and user-friendly. |
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 ``Safety, Accountability, and Funding
Efficiency for Transportation Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) to ensure that taxpayers receive safe, high quality
transportation services at the best possible price, a
government agency carrying out a surface transportation project
should conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor; and
(2) by conducting the cost-benefit analysis, a government
agency will be able to determine if it is cost effective and in
the public interest to use a private contractor or government
employees in procuring such services.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Architectural, engineering, and related services.--The
term ``architectural, engineering, and related services'' means
architectural, landscape architectural, environmental,
engineering, land surveying, construction project management,
and construction inspection services and services related to
permitting and environmental studies, the preparation of plans,
specifications, and estimates, and the acquisition of rights-
of-way.
(2) Private contract.--The term ``private contract'' means
an agreement between a government agency and a private
contractor.
(3) Government agency.--The term ``government agency''
means a State, local, regional, interregional, or other
governmental entity that receives Federal funds to carry out
surface transportation projects.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Surface transportation project.--The term ``surface
transportation project'' means a project eligible for
assistance under title 23, United States Code, a capital
project (as defined in section 5302 of title 49, United States
Code), and any other project related to surface transportation
that the Secretary determines appropriate.
SEC. 4. COST-BENEFIT ANALYSIS.
(a) In General.--For fiscal year 2005 and each fiscal year
thereafter, Federal funds made available to carry out a surface
transportation project may be used by a government agency to enter into
a private contract of $100,000 or more to procure architectural,
engineering, and related services only if the government agency
conducts a cost-benefit analysis for the private contract in accordance
with the requirements of this section.
(b) Components.--A cost-benefit analysis conducted by a government
agency for a private contract under subsection (a) shall contain, at a
minimum, the following:
(1) A description of the services to be performed under the
private contract.
(2) An estimate of the cost of procuring the services under
the private contract, including the price of the contract, the
cost to the government agency of negotiating and awarding the
contract, and the cost to the government agency of inspecting,
supervising, monitoring, and overseeing the contract.
(3) An estimate of the cost of having the services
performed by the government agency (or a government agency
assisting such agency), including staff salaries and benefits,
office facilities and space, equipment and materials, and other
costs that can be reasonably attributed to the performance of
the services and that would not be otherwise be incurred by the
government agency.
(4) A determination as to whether the services would be
procured more quickly by entering into the private contract or
by having the services performed by the government agency (or a
government agency assisting such agency).
(5) A determination as to whether the government agency
will provide equipment and materials under the private contract
and an estimate of the cost of any such equipment and
materials.
(6) An estimate of the cost of unemployment compensation or
other benefits likely to be paid to any employees of the
government agency displaced as a result of the private
contract.
(7) An estimate of the cost to the government agency of
resuming performance of the service to be performed under the
private contract.
SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANALYSIS.
(a) In General.--If, after conducting a cost-benefit analysis for a
private contract under section 4, a government agency finds that the
benefits of entering into the contract outweigh the costs, the agency
shall also prepare for the contract the materials required by this
section.
(b) Performance History.--The materials to be prepared under
subsection (a) shall include a performance history of the private
contractor. Such history shall include, at a minimum, the following:
(1) A description of any work performed for the government
agency by the private contractor in the preceding 5-year period
or, if such work was not performed, a description of any work
performed for other government agencies by the private
contractor in such 5-year period.
(2) With respect to each private contract to which
paragraph (1) applies, the amount of funds originally committed
by the government agency under the contract and the amount of
funds actually expended by the government agency under the
contract.
(3) With respect to each private contract to which
paragraph (1) applies, deadlines originally established for all
work performed under the contract and the actual date or dates
on which performance of the work was completed.
(4) Any citations, court findings, or administrative
findings against the private contractor for a violation of
applicable Federal, State, and local laws, including laws
governing environmental protection, employee safety and health,
labor relations, and other employment requirements.
(5) Documentation to substantiate that the qualifications,
experience, and expertise of the employees to be utilized by
the private contractor under the private contract, including
subcontractors, are at least equal to that of the government
agency employees who could be providing the services.
(c) Political Contribution History.--The materials to be prepared
under subsection (a) shall include a political contribution history of
the private contractor. Such history shall include, at a minimum, a
listing of all contributions made by the private contractor to
political parties and candidates for political office in the preceding
5-year period.
(d) Certification of Performance Bond.--The materials to be
prepared under subsection (a) shall include a certification by the
government agency that the agency will receive from the private
contractor a performance bond or similar instrument that ensures the
performance of the contractor under the private contract.
SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS.
If, after conducting a cost-benefit analysis for a private contract
under section 4 and preparing the accompanying materials under section
5, a government agency finds that it is in the public interest to enter
into the contract, the agency shall, at least 30 days before entering
into the contract--
(1) submit the results and accompanying materials to the
Secretary for review;
(2) provide the results and accompanying materials to any
individual or entity that registers with the agency to receive
the results; and
(3) make the results and accompanying materials available
for public inspection, including publication of the results on
the Internet.
SEC. 7. COMMENTS.
In the 15-day period following the date of publication by a
government agency of the results of a cost-benefit analysis for a
private contract under section 4--
(1) employees of the agency and other interested parties
may submit to the agency written comments refuting the accuracy
of results; and
(2) employees of the agency may submit to the agency a
competitive bid to provide the services that would otherwise be
performed under the contract.
SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRITERIA.
In procuring architectural, engineering, and related services from
private sources using Federal funds as part of a surface transportation
project, a government agency shall use the procedures for procuring
architectural and engineering services under chapter 11 of title 40,
United States Code, or equivalent State qualifications-based
requirements.
SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK.
Upon the request of a government agency, the Secretary may waive
the application of this Act with respect to a private contract if the
Secretary determines that the government agency cannot perform the work
to be conducted under the contract with existing or additional
government employees because the work is of an emergency, specialty, or
intermittent nature and would likely cause regular periods of
underutilization of government employees<plus-minus>. | Safety, Accountability, and Funding Efficiency for Transportation Act of 2003 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project.
Prescribes components of such cost benefit analysis, as well as accompanying materials including the performance history and political contribution history of the private contractor.
Prescribes procedural guidelines for mandatory public disclosure of the results of such cost-benefit analysis. |