In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Reservist Opportunities and
Protection of Education Act of 2003''.

SEC. 2. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

(a) Leave of Absence for Military Service.--Part G of title IV of
the Higher Education Act of 1965 is amended by inserting after section
484B (20 U.S.C. 1094) the following new section:

''SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

''(a) Leave of Absence Required.--Whenever a student who is an
affected individual is unable to complete a period of instruction or to
receive academic credit because he or she was called up for active duty
or active service, the institution of higher education in which the
student is enrolled shall--
''(1) grant the student a military leave of absence from
the institution while such student is serving on active duty or
active service, and for one year after the conclusion of such
duty or service, in accordance with subsection (b); and
''(2) provide the student with a refund or credit in
accordance with subsection (c).
''(b) Consequences of Military Leave of Absence.--A student who is
an affected individual and who is on a military leave of absence from
an institution of higher education shall be entitled, upon release from
serving on active duty or active service, to be restored to the
educational status such student had attained prior to being ordered to
such duty without loss of academic credits earned, scholarships or
grants awarded by the institution, or, subject to subsection (c),
tuition and other fees paid prior to the commencement of the active
duty or active service.
''(c) Refunds.--An institution of higher education shall refund
tuition or fees paid prior to the commencement of the active duty or
active service of an affected individual. If a student taking a
military leave of absence for active duty or active service requests a
refund during a period of enrollment, the percentage of the tuition and
fees that shall be refunded shall be equal 100 percent minus the
percentage of the period of enrollment (for which the tuition and fees
were paid) that was completed (as determined in accordance with section
484B(d)) as of the day the student withdrew.
''(d) Leave of Absence Not Treated as Withdrawal.--Notwithstanding
the 180-day limitation in section 484B(a)(2), a student on a military
leave of absence under this section shall not be treated as having
withdrawn for purposes of section 484B unless the student fails to
return at the end of the military leave of absence (as determined under
subsection (a) of this section).
''(e) Definitions.--As used in this section:
''(1) Active duty.--The term 'active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
''(2) Affected individual.--The term 'affected individual'
means an individual who--
''(A) is serving on active duty during a war or
other military operation or national emergency; or
''(B) is performing qualifying National Guard duty
during a war or other military operation or national
emergency.
''(3) Military operation.--The term 'military operation'
means a contingency operation as such term is defined in
section 101(a)(13) of title 10, United States Code.
''(4) National emergency.--The term 'national emergency'
means a national emergency declared by the President of the
United States.
''(5) Serving on active duty.--The term 'serving on active
duty during a war or other military operation or national
emergency' means service by an individual who is--
''(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with a war or other military operation or national
emergency, regardless of the location at which such
active duty service is performed; and
''(B) any other member of an Armed Force on active
duty in connection with such war, operation, or
emergency or subsequent actions or conditions who has
been assigned to a duty station at a location other
than the location at which such member is normally
assigned.
''(6) Qualifying national guard duty.--The term 'qualifying
National Guard duty during a war or other military operation or
national emergency' means service as a member of the National
Guard on full-time National Guard duty (as defined in section
101(d)(5) of title 10, United States Code) under a call to
active service authorized by the President or the Secretary of
Defense for a period of more than 30 consecutive days under
section 502(f) of title 32, United States Code, in connection
with a war, another military operation, or a national emergency
declared by the President and supported by Federal funds.''.
(b) Obligation as Part of Program Participation Requirements.--
Section 487(a)(22) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(22)) is amended by inserting ''and with the policy on leave of
absence for military service established pursuant to section 484C''
after ''section 484B''.
[EX A]: Amends the Higher Education Act of 1965 (HEA) to require institutions of higher education that participate in HEA title IV student assistance programs to grant military leaves of absence, and provide refunds of or credits for tuition and fees paid, to individuals who are unable to complete a period of instruction or receive academic credit because they were called to serve on active duty in the Armed Forces, or to perform qualifying National Guard duty, during a war or other military operation or national emergency.Requires the leave of absence to be for the period of active duty or service and for one year after completion of such duty or service. Requires the refund or credit to be prorated to cover the period when the student had to leave. Provides that such leave of absence shall not be treated as a withdrawal for certain student assistance purposes.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Soledad Canyon Mine Act''.

SEC. 2. FINDING AND PURPOSES.

(a) Findings.--The Congress finds the following:
(1) Transit Mix Concrete Corporation holds two valid
Federal contracts, numbered CA-20139 and CA-22901, issued under
the Materials Act of 1947, for the extraction of approximately
56,000,000 tons of sand and gravel from the Federal mineral
estate in lands located in Soledad Canyon adjacent to the city
of Santa Clarita, California.
(2) It is in the best interest of the citizens of
California and the Federal Government to cancel the Contracts
and prohibit future mining in the Soledad Canyon area of
California.
(3) TMC should receive as just compensation for such
cancellation the fair market value of the Contracts and all
costs, fees, and covered liabilities incurred by TMC in good
faith in its efforts to develop the Contracts.
(4) A site-specific solution that is fair to TMC and that
seeks to protect the environment and minimize impacts on local
transportation systems is in the best interest of the Nation.
(5) Considerable sums of money have been expended by TMC
and the city of Santa Clarita on legal and other services in
trying to ensure their interests are protected with respect to
Contracts CA-20139 and CA-22901.
(b) Purposes.--The purposes of this Act are the following:
(1) To provide to the Bureau of Land Management the
authority to cancel contracts CA-20139 and CA-22901 and
prohibit future mining in the Soledad Canyon.
(2) To provide a means for TMC to recover as just
compensation for the cancellation of the Contracts the fair
market value of, and TMC's expenditures and covered liabilities
pursuing the development of, the Contracts.
(3) To provide the Bureau of Land Management tools to
verify expenses incurred by TMC and provide relief.
(4) To provide timelines for the verification of costs
incurred by TMC and the determination of just compensation, and
to provide a dispute resolution process.

SEC. 3. DEFINITIONS.

In this Act:
(1) Contracts.--The term ''Contracts'' means Bureau of Land
Management mineral contracts numbered CA-20139 and CA-22901.
(2) Covered liabilities.--The term ''covered liabilities''
includes any court-ordered or court-approved payment,
settlement, or other liability on the part of TMC for damages,
costs, compensation, or reimbursement to any third party for
agreements entered into by TMC in good faith prior to January
1, 2008, in order to exercise rights under the Contracts.
(3) Materials act of 1947.--The term ''Materials Act of
1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat.
681; 30 U.S.C. 601-604).
(4) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(5) TMC.--The term ''TMC'' means the Transit Mixed Concrete
Corporation and its successors in interest, including CEMEX
USA.

SEC. 4. CANCELLATION OF THE CONTRACTS.

(a) Contract Cancellations.--The Secretary shall cancel Bureau of
Land Management mineral contracts CA-20139 and CA-22901 and withdraw
those areas that were subject to the Contracts from further mineral
entry under all mineral leasing and sales authorities available to the
Secretary, effective on the date of the enactment of this Act.
(b) Compensation.--
(1) In general.--As compensation for the cancellation of
the Contracts, TMC shall receive fair market value of the
Contracts and TMC's expenditures and covered liabilities in
trying to bring the Contracts into commercial production. As
such compensation, the Secretary shall provide to TMC surface
and mineral interests and additional value in accordance with
subsection (d) having a total value equal to the amount
described in paragraph (3). All such expenditures must have
been incurred by TMC in good faith in connection with its
efforts to bring the Contracts into commercial production:
Provided, however, that compensation for covered liabilities
may be paid to TMC under this section for up to 15 years
following the effective date of this Act.
(2) Increase in adjusted basis of contract upon
cancellation.--For purposes of the Internal Revenue Code of
1986, the adjusted basis of any contract to which section 4(a)
applies shall be increased (immediately before the cancellation
of such contract under such section) by the excess (if any)
of--
(A) the fair market value of such contract
(determined immediately before such cancellation), over
(B) the adjusted basis of such contract (as
determined immediately before the application of this
section).
(3) Value described.--The compensation provided for in
paragraph (1) is equal to the sum of the following:
(A) All amounts paid to the United States by TMC
with respect to the Contracts as bonus bids or other
prepayments.
(B) Interest on amounts referred to in subparagraph
(A), from the date of payment of such amounts to the
United States, at a rate determined by the Secretary.
(C) Amounts expended by TMC in securing the
contracts and trying to bring them into production,
including--
(i) all actual costs, including fees,
associated with the engineering and
environmental studies, and permitting
proceedings, that were incurred in good faith
in TMC's efforts to exercise the rights granted
under the Contract terms; and
(ii) all actual legal costs, including fees
and covered liabilities, incurred in good faith
in TMC's efforts to exercise the rights granted
in the Contracts, including all fees and costs
associated with securing permits and
entitlements, litigation to compel, secure, or
defend permits or entitlements, and litigation
in connection with disputes relating to mineral
and surface estate rights to the property that
is the subject of the Contracts.
(D) The fair market value of the Contracts.
(4) Determination of fair market value.--The Secretary
shall, within six months after the date of enactment of this
Act, determine by mineral appraisal the fair market value of
the contracts at the time of such determination for purposes of
paragraph (3)(D), determine by mineral appraisal or other
generally accepted applicable appraisal techniques the fair
market value of the surface and mineral estate identified in
the map referred to in subsection (d), and notify TMC of those
determinations. In determining the fair market value of the
Contracts, the Secretary shall assume that--
(A) TMC has obtained all permits and entitlements
necessary to mine, produce, process, and sell sand and
gravel from the Contracts;
(B) mining operations under the Contracts have
commenced at the time of the determination, with
maximum annual production volumes that--
(i) are based on the projected supply and
demand outlook at the time of determination;
and
(ii) reflect depletion of the reserves of
the Contracts within the effective periods of
the Contract;
(C) the fair market value of the Contracts includes
the present value of expected future net cash flows to
be derived from the mining, producing, processing, and
sale of the sand and gravel contained in the Contracts
over the minimum time necessary to mine, produce,
process, and sell such sand and gravel, taking into
consideration--
(i) the material deposit contained in the
contract sites and its quality, volume,
minability, and reclamation requirements;
(ii) the proximity of the contract sites to
markets;
(iii) the type of market that could be
served from the contract sites, including
future supply, demand, and probable price
increases based upon construction material data
developed by the State of California;
(iv) the cost of mining, producing,
processing, and selling the material reserved
in the contract sites;
(v) the types and costs of transportation
for such production from the contract sites to
markets;
(vi) royalties, taxes, and fees to mine and
sell the production from the contract sites;
(vii) similar market sales of materials the
area or region of the contract sites; and
(viii) the net present values of expected
future cash flows from proposed mining
operations of the Contract sites taking into
consideration, at a minimum, the matters
referred to in clauses (i) through (viii).
(c) Submission of Expenses Incurred.--
(1) In general.--To assist in the verification of the
amounts expended referred to in subsection (b)(3)(C), TMC shall
submit to the Secretary within 60 days after the date of
enactment of this Act an itemized list of such amounts, with
enough detail and supporting documentation so the Secretary can
determine that the expenses are associated with the Contracts.
(2) Arbitration.--The Secretary shall issue the
determination of the amounts expended referred to in subsection
(b)(3)(C) within 60 days after receipt of the itemized list
required under paragraph (1). If the Secretary disapproves such
list, the Secretary shall, upon request of TMC, determine the
economic value invested for purposes of subsection (b)(3)
through arbitration in accordance with subchapter IV of chapter
5 of title 5, United States Code.
(d) Return of Value Opportunities for TMC.--
(1) In general.--Within six months after the completion of
the requirements of subsections (b) and (c), the Secretary
shall provide to TMC the following:
(A) Surface and mineral estate interests and
additional value under subsection (b)(1) using the
surface and mineral estate as described and delineated
as Area A on the map entitled ''Cemex USA and City of
Victorville, California Land Disposal and Acquisition
Agreement'' and on file with the Secretary, consisting
of approximately 5,000 acres.
(B) If the fair market value of the surface and
mineral estate used under subparagraph (A) is less than
the sum described in subsection (b)(3), additional
mineral or surface estate under subsection (b)(1) using
the surface and mineral estate as described and
delineated as Area B on the map entitled ''Cemex USA
and City of Victorville, California Land Disposal and
Acquisition Agreement'' and on file with the Secretary,
consisting of approximately 3,000 acres as is necessary
so that the sum of the values provided under
subparagraph (A) and this subparagraph does not exceed
the sum described in subsection (b)(3).
(C) If the sum of the fair market values of the
surface and mineral estates and additional value
provided under subparagraphs (A) and (B) is less that
the sum described in subsection (b)(3), additional
value as is necessary so that the sum of the values
provided under subparagraphs (A) and (B) and this
subparagraph does not exceed the sum described in
subsection (b)(3), in the form of one or more of the
following that are mutually agreed to by the Secretary
and TMC:
(i) Credits that may be applied against
future royalties, bonus bids, or rental fees
for Federal lands administered by the Secretary
and located within the State of California,
including leases for all submerged lands of the
outer Continental Shelf.
(ii) Interest in the mineral estate in
Federal lands in the State of California that
are available for sale under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or other
law administered by the Secretary.
(iii) Interests in the surface estate in
Federal lands in the State of California that
are under the administrative jurisdiction of
the Secretary and that are available for
disposal.
(e) Treatment of Credits.--
(1) Term.--Credits provided under subsection (d) shall
expire at the end of the 10-year period beginning on the date
the credits are issued by the Secretary.
(2) Assignment.--TMC may assign credits provided to TMC
under subsection (d) to any person who satisfies the same
requirements to hold the Contracts as those that applied to TMC
under the Materials Act of 1947.
(f) Referral to Court of Claims.--
(1) Referral.--If within 12 months after the date of
enactment of this Act, the Secretary and TMC do not reach
agreement under subsections (b), (c), and (d) regarding the
financial and mineral production opportunities to be provided
by the Secretary to TMC under subsection (b)(1), or, if within
3 months after TMC receives notice in accordance with
subsection (b)(4) of the fair market value determined by the
Secretary of the surface and mineral estate identified in the
maps referred to in subsection (d) TMC or the city of
Victorville, California, notifies the Secretary that it
disagrees with the Secretary's determination, the Secretary
shall refer the issues upon which TMC, or the city of
Victorville, California, and the Secretary are not in agreement
with respect to such an agreement or fair market value to the
United States Court of Federal Claims for resolution
(2) Resolution by court.--In any referral under this
subsection, the court shall--
(A) determine de novo the values described in
subsection (b) and (d), including the fair market
values of the surface and mineral estates as described
and delineated on the maps referred to in subsection
(d)(1); and
(B) determine and order the Secretary to provide
financial and mineral production opportunities
consistent with subparagraph (A), for purposes of
subsections (b)(1) and (d).

SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE
VICTOR VALLEY AREA OF CALIFORNIA.

Notwithstanding anything in this Act to the contrary, prior to any
lease, transfer, or other disposition of land or any mineral or surface
estate for any area that is located in the city of Victorville,
California, the city of Victorville's sphere of influence, or the city
of Victorville's proposed sphere of influence, all as delineated on the
map entitled ''Cemex USA and City of Victorville, California Land
Disposal and Acquisition Agreement'' and on file with the Secretary,
the Secretary shall--
(1) consult with the city of Victorville, California, and
surface owners in that area; and
(2) prohibit mining in that area.
[EX A]: Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.

Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.

Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.

Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Solicitation Enhancement Act of
1993''.

SEC. 2. SOLICITATION EVALUATION AND AWARD.

(a) Solicitation Requirements.--Section 303A of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253a) is
amended--
(1) in subsection (b)(1)(A)--
(A) by inserting ''and significant subfactors''
after ''all significant factors''; and
(B) by striking ''(including price)'' and inserting
''(including cost or price, cost- or price-related
factors, and noncost- or nonprice-related factors)'';
(2) in subsection (b)(1)(B) by inserting ''and significant
subfactors'' after ''factors''; and
(3) by adding at the end the following new subsection:
''(c) In prescribing the evaluation factors to be included in each
solicitation for competitive proposals, the head of an agency or his
designee shall clearly establish the relative importance assigned to
the evaluation factors and significant subfactors, including the
quality of the product or services to be provided (including technical
capability, management capability, and prior experience of the
offeror).''.
(b) Evaluation and Award.--Section 303B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253b) is amended--
(1) in subsection (a) by inserting ''and award a contract''
after ''competitive proposals'';
(2) in subsection (c) in the second sentence by inserting
''in accordance with subsection (a)'' after ''shall evaluate
the bids'';
(3) in subsection (d) by amending paragraph (1) to read as
follows:
''(1) The executive agency shall evaluate competitive proposals in
accordance with subsection (a) and may award a contract--
''(A) after discussions with the offerors, if written or
oral discussions have been conducted with all responsible
offerors who submit proposals within the competitive range; or
''(B) without discussions with the offerors (other than
discussions conducted for the purpose of minor clarification),
if the solicitation included a statement that an award could be
made, without discussions, unless discussions are determined to
be necessary.''; and
(4) in subsection (d) by striking paragraphs (2) and (3)
and by redesignating paragraph (4) as paragraph (2).
(c) Application.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to--
(A) solicitations for sealed bids or competitive proposals
issued after the end of the 120-day period beginning on the
date of the enactment of this Act; and
(B) contracts awarded pursuant to those solicitations.
(2) The head of an agency may apply the amendments made by this
section to solicitations issued before the end of the period referred
to in paragraph (1). The head of the agency shall publish in the
Federal Register notice of any such earlier date of application before
the beginning of the 10-day period ending on that date.

SEC. 3. CONTRACTING FUNCTIONS PERFORMED BY FEDERAL PERSONNEL.

(a) Prohibition of Expenditures.--(1) No appropriated funds may be
expended by any agency to award a contract for goods or services to
which the Federal Property and Administrative Services Act of 1949
applies, unless such agency uses employees who are adequately trained
and capable of conducting evaluations and analyses of proposals
submitted for such acquisitions. No person who is not an employee may
be paid by an agency for services to conduct evaluations or analyses of
any aspect of a proposal submitted for an acquisition, unless employees
with adequate training and capabilities to perform such evaluations and
analyses are not readily available within the agency or any other
Federal agency.
(2) In the administration of this subsection, the head of each
agency shall determine the standards of adequate training and
capability of employees to conduct such acquisitions.
(b) Delegation of Procurement Authority.--With respect to
acquisitions subject to section 111 of the Federal Property and
Administrative Services Act of 1949, the Administrator of General
Services may not issue a delegation of procurement authority for an
acquisition without first receiving certification from the contracting
agency that--
(1) such agency has employees within the agency or
available from another agency who are adequately trained and
capable of conducting evaluations and analyses of proposals
submitted for such an acquisition; or
(2)(A) such agency does not have employees within the
agency who are adequately trained and capable of conducting
evaluations and analyses of proposals submitted for such an
acquisition; and
(B) such adequately trained and capable employees are not
readily available from other agencies in accordance with
regulations promulgated by the Federal Acquisition Regulatory
Council under subsection (c).
(c) Federal Acquisition Regulatory Council.--No later than 90 days
after the date of the enactment of this Act, the Federal Acquisition
Regulatory Council shall--
(1) review part 37 of title 48 of the Code of Federal
Regulations as it relates to the use of advisory and assistance
services and provide guidance and promulgate regulations
regarding what actions agencies are required to take to
determine if expertise is readily available within the
Government before contracting for advisory and technical
services to conduct acquisitions; and
(2) provide guidance and promulgate regulations regarding
the manner in which Federal employees with expertise may be
shared with agencies needing expertise for such acquisitions.
(d) Definition.--For purposes of this section the term ''employee''
shall have the same meaning as such term is defined under section 2105
of title 5, United States Code.
[EX A]:
Solicitation Enhancement Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to revise solicitation, evaluation, and award procedures for public contracts.
Prohibits the use of appropriated funds to pay for non-Federal employees to evaluate or analyze proposals submitted for an acquisition, unless Federal employees with adequate training and capabilities to perform such activities are not readily available within the agency or any other Federal agency.
Sets forth requirements for the delegation of procurement authority for certain acquisitions in special circumstances.
Directs the Federal Acquisition Regulatory Council to provide guidance and promulgate regulations on what actions agencies must take to determine whether expertise is readily available within the Government and how it may be shared before they contract for advisory and technical services to conduct acquisitions.